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

Filing 364

MINUTES OF PROCEEDINGS - Jury Trial - Day 7 held on 12/15/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; als o at counsel table: Anne Marie Landis, Mason Vanhouweling, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 5:05 p.m.; Courtroom: 6D; Plaintiff's Witnesses: Craig Iwamoto and Stan Smith. Exhibits admitted.Jury Trial continued to 12/16/2016 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)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JAMES S. TATE, JR., M.D.,
Plaintiff,
vs.
UNIVERSITY MEDICAL CENTER
OF SOUTHERN NEVADA
Defendant.

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2:09-CV-01748-JAD-NJK

MINUTES OF THE COURT

DATED: 12/15/2016

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),
JAMES CONWAY, SUSAN PITZ (UMC REPRESENTATIVES), SHANE GODFREY
PROCEEDINGS: Jury Trial - Day 7
9:00 A.M. Court convenes outside the presence of the jury. The Court and counsel review proposed
jury instructions.
10:30 A.M. Court stands at recess.
10:45 A.M. Court reconvenes outside the presence of the jury. Counsel advises the Court that the
parties have stipulated to joint exhibit 1084. Exhibit 1084 admitted into evidence.
The Court hears arguments of counsel as to Plaintiff’s Motion for Judgment [ECF 363]. For reasons
stated on the record, the Court DENIES the motion for judgment [ECF 363].
Mr. Hafter makes an oral motion for the Court to reconsider the application of the law of this case.
Mr. Dushoff responds. Court DENIES Mr. Hafter’s objections.
The Court and counsel continue to review jury instructions.
12:08 P.M. Court stands at recess for the lunch break.
1:05 P.M. Court reconvenes in the presence of the jury. CRAIG IWAMOTO, 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.
2:28 P.M. Jury is admonished and excused for the afternoon break. Court stands at recess.
2:42 P.M. Court reconvenes in the presence of the jury. STAN SMITH, is called on behalf of the
Plaintiff, is sworn and testifies on direct examination by Mr. Aldrich.
3:00 P.M. Jury is admonished and excused. Court addresses counsel’s objections to testimony
outside the presence of the jury. The Court rules on those objections.
3:10 P.M. The jury reenters the courtroom. Mr. Dushoff conducts cross examination. Mr. Aldrich
conducts redirect examination. Mr. Dushoff conducts recross examination. Witness is excused.
Plaintiff rests their case-in-chief.
3:50 P.M. Jury is admonished and excused for the evening.
The Court and counsel confer about defendant’s potential witnesses and related objections.
Discussion continues on proposed jury instructions.
5:05 P.M. Court adjourns.
Jury Trial continued to Friday, December 16, 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

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