Gustin v. Plano Molding Company et al

Filing 173

ORDER granting ECF No. #154 Motion to Compel Testimony of Anna Memmott Johnson; directing that Ms. Johnson must testify re her treatment of Plaintiff Cole Gustin; directing that Doskocil is entitled to explore potential pre-loss factors; directing that future proposed orders must comply with LR 7-2(f). Signed by Magistrate Judge Carl W. Hoffman on 6/6/2016. (Copies have been distributed pursuant to the NEF - KR)

Case 2:14-cv-00700-RCJ-CWH Document 172 Filed 06/02/16 Page 1 of 2

1 DARRELL D. DENNIS, ESQ.
Nevada Bar No. 6618
2 [e-mail]
STEVEN ABBOTT, ESQ.
3 Nevada Bar No. 10303
[e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
TEL.: [phone]
6 FAX: [phone]

Attorneys for Defendant/Third-Party Plaintiff

7 DOSKOCIL MANUFACTURING COMPANY
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

COLE GUSTIN, by and through DOROTHY
12 KYLE and JOSEPH KYLE, his Guardians
ad Litem,
13
Plaintiff,
14
vs.
15
PLANO MOLDING COMPANY;
16 DOSKOCIL MANUFACTURING
COMPANY; DOES I through X and ROE
17 BUSINESS ENTITIES I through X,
inclusive,
18
Defendant.
19
20 DOSKOCIL MANUFACTURING
COMPANY,
21
Third-Party Plaintiff
22

vs.

23 CARMEN GUSTIN,
24
Third-Party Defendant.
25
26
27 / / /

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4820-3421-7778.1

CASE NO. 2:14-CV-00700-RCJ-CWH

ORDER GRANTING DEFENDANT
DOSKOCIL MANUFACTERING
COMPANY’S MOTION TO COMPEL
DEPOSIOTION TESTIMONY OF ANNA
MEMMOTT JOHNSON

Case 2:14-cv-00700-RCJ-CWH Document 172 Filed 06/02/16 Page 2 of 2

1

ORDER GRANTING DEFENDANT DOSKOCIL MANUFACTERING COMPANY’S
MOTION TO COMPEL DEPOSIOTION TESTIMONY OF ANNA MEMMOTT JOHNSON

2
3

Defendant/Third-Party Plaintiff Doskocil Manufacturing Company (“Doskocil” or

4 “Defendant”) filed a Motion to Compel Deposition Testimony of Anna Memmott Johnson
5 (ECF No. 154). The Court granted Defendant’s Motion to Compel Deposition Testimony
6 of Anna Memmott Johnson. (ECF No. 167). The Court ordered Defendant to file a
7 proposed order (ECF No. 167). (Please note that a settlement is pending in front of the
8 Court.)
9

The Court finds that Doskocil is entitled to explore potential pre-loss factors that

10 may have caused or contributed to the mental distress. Consequently, the Court finds that
11 Ms. Anna Memmott Johnson must testify regarding her treatment of Plaintiff Cole Gustin
12 (“Plaintiff”) as contained in her treatment records disclosed in this litigation, including
13 portions of her care she may recall independently of the records.
ORDER

14
15

IT IS SO ORDERED that Defendant Doskocil Manufacturing Company’s Motion to

16 Compel Deposition Testimony of Anna Memmott Johnson (ECF No. 154) is GRANTED.
17

IT IS FURTHER ORDERED THAT Ms. Anna Memmott Johnson must testify

18 regarding her treatment of Plaintiff Cole Gustin (“Plaintiff”) as contained in her treatment
19 records disclosed in this litigation, including portions of her care she may recall
20 independently of the records if her deposition is reset.
21

IT IS FURTHER ORDERED THAT Doskocil is entitled to explore potential pre-loss

22 factors that may have caused or contributed to the mental distress.
23
24
25

IT IS FURTHER ORDERED
that future proposed orders
submitted to the court must
comply with LR 7-2(f).

26

June
6th
Dated this ___ day of ______________, 2016.

____________________________________
UNITED STATES MAGISTRATE JUDGE

27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4820-3421-7778.1

2