Tate, Jr., M.D. v. University Medical Center Of Southern Nevada et al

Filing 362

MINUTES OF PROCEEDINGS - Jury Trial - Day 6 held on 12/14/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson, Dav id Edelblute; also at counsel table: Anne Marie Landis, Susan Pitz, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 5:00 p.m.; Courtroom: 6D; Plaintiff's Witnesses: Rory Reid, Dale Carrison, Steve Sisolak, and Bradley Ballard. Exhibits admitted.Jury Trial continued to 12/15/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (SEE ATTACHED MINUTES) (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JAMES S. TATE, JR., M.D., Plaintiff, vs. UNIVERSITY MEDICAL CENTER OF SOUTHERN NEVADA Defendant. ) ) ) ) ) ) ) ) ) ) 2:09-CV-01748-JAD-NJK MINUTES OF THE COURT DATED: 12/14/2016 PRESENT: HONORABLE JENNIFER A. DORSEY, UNITED STATES DISTRICT JUDGE DEPUTY CLERK: DANIELLE CACCIABAUDO REPORTER: FELICIA ZABIN COUNSEL FOR PLAINTIFF(S): JACOB HAFTER, JOHN ALDRICH COUNSEL FOR DEFENDANT(S): MATTHEW DUSHOFF, MICHAEL DAVIDSON, DAVID EDELBLUTE, ALSO SEATED AT COUNSEL TABLE: ANNE MARIE LANDIS (PARALEGAL), SUSAN PITZ (UMC REPRESENTATIVE), SHANE GODFREY PROCEEDINGS: Jury Trial - Day 6 9:00 A.M. Court convenes outside the presence of the jury. The Court hears objections from counsel as to the Court’s previous ruling to exclude plaintiff’s exhibit 150. The Court overrules plaintiff’s objections. 9:25 A.M. Court reconvenes in the presence of the jury. RORY REID, is called on behalf of the Plaintiff, is sworn and testifies on direct examination by Mr. Hafter. Exhibit 59 is marked, but not admitted. Exhibit 150 is marked and admitted into evidence. Mr. Dushoff conducts cross examination. Witness is excused. 10:20 A.M. Dale Carrison, being previously sworn in, resumes the stand on continued cross examination by Mr. Davidson. 10:42 A.M. Jury is admonished and excused for the morning break. Court stands at recess. 10:58 A.M. Court reconvenes in the presence of the jury. Dale Carrison, resumes the stand on cross examination by Mr. Davidson. Mr. Hafter conducts redirect examination. Mr. Davidson conducts recross examination. Witness is excused. 11:38 A.M. Jury is admonished and excused for the lunch break. Court stands at recess. 12:44 P.M. Court reconvenes outside the presence of the jury. The Court hears arguments of counsel as to plaintiff’s renewed motion to strike defendant’s disclosures and witnesses [ECF 354]. The Court places findings on the record and DENIES the motion to strike [ECF 354]. The Court hears argument of counsel as to plaintiff’s response to defendant’s deposition designations [ECF 349]. The Court rules on the objections. 1:25 P.M. The jury enters the courtroom. NATHAN OZOBIA, is called on behalf of the Plaintiff, is sworn and testifies on direct examination by Mr. Hafter. Mr. Dushoff conducts cross examination. Mr. Hafter conducts redirect examination. Mr. Dushoff conducts recross examination. Witness is excused. 2:35 P.M. The jury is admonished and excused for the afternoon break. Court stands at recess. 2:52 P.M. Court reconvenes in the presence of the jury. STEVE SISOLAK, is called on behalf of the Plaintiff, is sworn and testifies on direct examination by Mr. Hafter. Mr. Dushoff conducts cross examination. Mr. Hafter conducts redirect examination. Witness is excused. BRADLEY BALLARD, is called on behalf of the Plaintiff, is sworn and testifies on direct examination by Mr. Hafter. Exhibits 10, 50, 76, 82 and 203 are marked, but not admitted. Mr. Davidson conducts cross examination. Witness is excused. The Court instructs the jury to return tomorrow at 1:00 P.M. The Court distributes the discussion draft of the proposed jury instructions and verdict form that will be addressed tomorrow. 5:00 P.M. Court adjourns. Jury Trial continued to Thursday, December 15, 2016 at 9:00 A.M. in Courtroom 6D before Judge Jennifer A. Dorsey. LANCE S. WILSON, CLERK United States District Court By: /s/ Danielle Cacciabaudo, Deputy Clerk -2-

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