Hinojos v. The TJX Companies, Inc.

Filing 12

ORDER Granting 11 Stipulation re various matters (see Order for details). Signed by Chief Judge Gloria M. Navarro on 4/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00154-GMN-NJK Document 11 Filed 04/04/17 Page 1 of 3

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MICHAEL P. LOWRY, ESQ.
Nevada Bar No. 10666
E-mail: [e-mail]
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for The TJX Companies, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER HINOJOS, an individual,

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Plaintiff,

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Stipulation and Order

vs.

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Case No.: 2:17-cv-154

THE TJX COMPANIES, INC., a foreign
corporation, d/b/a T.J. MAXX; DOES I through
XXX, inclusive and ROE BUSINESS
ENTITIES I through XXX, inclusive,

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Defendants.
The parties stipulate to various matters, as described below.
1. The TJX Companies, Inc. (“TJX”) may file a third-party complaint against Mr. Hinojos’

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employer when accident described in his amended complaint happened, believed to be

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Forward Air.

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2. Mr. Hinojos agrees to dismiss his second cause of action, with prejudice, each party to bear
its own fees and costs incurred from that cause of action.
3. Mr. Hinojos’ will not designate any expert witnesses to testify concerning any standard of

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care TJX may have owed or how TJX may have breached that standard of care. TJX will not

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designate any expert witnesses to testify concerning any standard of care Mr. Hinojos may

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have owed or how he may have breached that standard of care. This stipulation does not

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affect Mr. Hinojos’ or TJX’s ability to designate expert witnesses, if needed, concerning its

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anticipated third-party complaint against Forward Air.

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4. Mr. Hinojos is not asserting that he requires future medical treatment due to accident
described in his amended complaint.

Case 2:17-cv-00154-GMN-NJK Document 11 Filed 04/04/17 Page 2 of 3

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5. Mr. Hinojos received worker’s compensation as a result of the accident described in his

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amended complaint. The entire worker’s compensation file was obtained and has been

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disclosed as TJX000001-873. This file contains all of Mr. Hinojos’ past medical treatment

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due to the accident described in his amended complaint. The parties stipulate the documents

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in this range are genuine and authentic for purposes of admissibility at trial, but reserve any

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further objections each may have to parts of specific records. The parties stipulate that the

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medical treatment and charges contained in the worker’s compensation file, TJX000001-873,

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are causally related and reasonably necessary due to the accident described in the amended

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complaint. The parties may still dispute at trial the reasonable value of the services, as

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permitted by NRS 616C.215(10) and interpreted in Tri-Cty. Equip. & Leasing, LLC v.

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Klinke, 128 Nev. 352, 286 P.3d 593 (2012).

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6. This stipulation has no impact upon the current scheduling order.

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Dated this 4th day of April, 2017.

Dated this 4th day of April, 2017.

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LADAH LAW FIRM

WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP

/s/ Joseph C. Chu

/s/ Michael P. Lowry

Joseph C. Chu, Esq.
Nevada Bar No: 11082
517 S. 3rd St.
Las Vegas, NV 89101
Attorneys for Christopher Hinojos

Michael P. Lowry, Esq.
Nevada Bar No: 10666
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
Attorneys for The TJX Companies, Inc.

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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DATED this ___ day of April, 2017.

Case 2:17-cv-00154-GMN-NJK Document 11 Filed 04/04/17 Page 3 of 3

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CERTIFICATE OF SERVICE
Pursuant to FRCP 5, I certify that I am an employee of Wilson Elser Moskowitz Edelman
& Dicker LLP, and that on April 4, 2017, I served the Stipulation and Order as follows:
via electronic means by operation of the Court’s electronic filing system, upon each party

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in this case who is registered as an electronic case filing user with the Clerk:

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Ramzy P. Ladah, Esq.
Ladah Law Firm
517 S. 3rd St.
Las Vegas, NV 89101
Tel: [phone]
Attorneys for Plaintiff

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BY:

/s/ Michael P. Lowry
An Employee of Wilson Elser Moskowitz
Edelman & Dicker LLP