Isaac et al v. Forcillo et al

Filing 155

ORDER Granting 154 Stipulation to Withdraw the Parties' Motions in Limine. Signed by Judge Kent J. Dawson on 11/16/2022. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:19-cv-01452-KJD-DJA Document 155 Filed 11/16/22 Page 1 of 5

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MICHAEL C. HETEY, ESQ.
Nevada Bar No. 5668
PHILIP GOODHART, ESQ.
Nevada Bar NO. 5332
THORNDAL ARMSTRONG DELK
BALKENBUSH & EISINGER
1100 East Bridger Avenue
Las Vegas, NV 89101-5315
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants,
WERNER ENTERPRISES, INC. and
NICOLAS FORCILLO
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DARLENE ISAAC; and HAROLD ROLAND
HOWMAN, JR.,

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Plaintiffs,

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CASE NO. 2:19-CV-01452-KJD-DJA
STIPULATION AND ORDER TO
WITHDRAW THE PARTIES’
MOTIONS IN LIMINE

vs.
NICOLAS FORCILLO, an individual,
WERNER ENTERPRISES, INC., a foreign
corporation, DOES I through X, inclusive;
and/or ROE CORPORATIONS I through X,
inclusive

(First Request)

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Defendants.
The Parties, Plaintiffs Darlene Isaac and Harold Roland Howman, Jr. (“Plaintiffs”), and
Defendants Werner Enterprises, Inc. and Nicolas Forcillo (“Defendants”), by and through their
respective undersigned counsel of record, hereby stipulate to withdraw Defendants’ Motions in
Limine Nos. 1-18 and Plaintiffs’ Motions in Limine Nos. 1-14, consistent with the stipulation to
continue trial and submit this case to binding arbitration.

On 11/08/22 the Parties filed a

Stipulation to Continue Trial and Notice to the Court of Binding Arbitration [ECF No. 150]
which included a statement the Parties intend to withdraw their respective Motions in Limine as
a byproduct of the agreement to resolve the pending litigation by Binding Arbitration [ECF No.

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Case 2:19-cv-01452-KJD-DJA Document 155 Filed 11/16/22 Page 2 of 5

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150, Pg. 2:3-5]. That Stipulation was granted on 11/10/22 [ECF No. 152]. As such, the Parties

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are submitting this current Stipulation withdrawing the aforementioned Motions in Limine. The

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Motions in Limine by Defendants and Plaintiffs which are stipulated to be withdrawn are listed

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below as follows:

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Defendants Werner Enterprises, Inc. and Nicolas Forcillo filed the following
Motions in Limine:
1.

Motion in Limine No. 1 to Strike and or Limit Opinions of Dr. Muir Relating to

Plaintiff Harold Howman [ECF No. 112, filed 10/21/22];
2.

Motion in Limine No. 2 to Strike and or Limit Opinions of Dr. Oliveri Relating to

Plaintiff Darlene Isaac [ECF No. 108, filed 10/20/22];
3.

Motion in Limine No. 3 to Strike and or Limit Opinions of Dr. Janda Relating to

Plaintiff Darlene Isaac [ECF No. 113, filed 10/21/22];
4.

Motion in Limine No. 4 to Strike or Limit the Opinions of Brian Jones Regarding

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the Accident Reconstruction, Accident Forces, and Biomechanical Opinions of Dr. Christopher

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Chen [ECF No. 109, filed 10/20/22];

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5.

Motion in Limine No. 5 to Strike and/or Limit Dr. Clauretie’s Opinions

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Regarding Plaintiff Darlene Isaac’s Costs and Future Loss of Household Services [ECF No. 114,

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filed 10/21/22];

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6.

Motion in Limine No. 6 to Limit or Exclude Multiple Opinions of Plaintiff Harold

Howman’s Vocational Rehabilitation Expert Delyn Porter [ECF No. 115, filed 10/21/22];
7.

Motion in Limine No. 7 to Limit or Exclude Opinions of Plaintiff Darlene Isaac’s

Vocational Rehabilitation Expert Ira I. Spector [ECF No. 116, filed 10/27/22];
8.

Motion in Limine No. 8 to Preclude or Limit the Opinions of Dr. Hogan [ECF No.

119, filed 10/27/22];
9.

Motion in Limine No. 9 to Strike the Character Witnesses named by Plaintiffs in

their FRCP 26 Disclosures [ECF No. 117, filed 10/27/22];
10.

Motion in Limine No. 10 to Preclude Improper “Reptile” Theory Arguments that

(1) Jury Should Apply “Safety Rules,” (2) Defendants Failed to Take Responsibility for the

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Case 2:19-cv-01452-KJD-DJA Document 155 Filed 11/16/22 Page 3 of 5

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Accident, and (3) Jury Should Act as Conscience of the Community [ECF No. 118, filed

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10/27/22]; and,

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Motion in Limine No. 11 to Preclude Plaintiffs’ Treating Physicians from

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Testifying to Future Care and Limiting Plaintiffs’ Treating Physicians to Their Medical

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Treatment in Their Records [ECF No. 120, filed 10/27/22].

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12.

Motion in Limine No. 12 to Exclude Plaintiffs’ Computer Animation [ECF No.

124, filed 11/01/22];
13.

Motion in Limine No. 13 to Preclude the Testimony of Veronica Barnett [ECF

No. 123, filed 11/01/22];
14.

Motion in Limine No. 14 to Preclude Testimony or Opinion That Any Optical

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Condition of Plaintiff Darlene Isaac was Caused by the Subject Accident [ECF no. 126, filed

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11/01/22];

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15.

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Motion in Limine No. 15 to Preclude Evidence or Testimony Regarding Plaintiff

Harold Howman’s Military History [ECF No. 127, filed 11/02/22];
16.

Motion in Limine No. 16 to Preclude Argument or Testimony Regarding

Intoxication as a Factor in the Accident [ECF No. 130, filed 11/02/22];
17.

Motion in Limine No. 17 to Preclude Reference to Plaintiff Darlene Isaac’s Social

Security Administration Ruling [ECF No. 132, filed 11/04/22]; and,
18.

Motion in Limine No. 18 to Preclude Discussion of Any Workers Compensation

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Claim by Either Plaintiff Beyond the Potential Nevada Jury Instruction Contained in NRS

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616C.215 [ECF No. 134, filed 11/04/22].

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Plaintiffs Darlene Isaac and Harold Ronald Howman, Jr. filed the following
Motions in Limine:
1.

Motion in Limine No. 1 Regarding the Absence of Pre-Incident Medical Records

[ECF No. 135, filed 11/07/22];
2.

Motion in Limine No. 2 Preclude Comments and Queries About Hypothetical

Medical Conditions [ECF No. 136, filed 11/07/22];

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Case 2:19-cv-01452-KJD-DJA Document 155 Filed 11/16/22 Page 4 of 5

3.

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Arguments [ECF No. 137, filed 11/07/22];
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11/07/22];

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12.

Motion in Limine No. 11 to Preclude Testimony Regarding Stopwatch Test [ECF

Motion in Limine No. 12 to Preclude Introduction of Collateral Source

Information [ ECF No. 146, filed 11/07/22];
13.

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Motion in Limine No. 10 Limit Opinion of Dr. Dukarm [ECF No. 144, filed

No. 145, filed 11/07/22];

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Motion in Limine No. 9 Exclude Evidence Regarding Plaintiff’s Pre-Existing

Conditions or Injuries [ECF No. 143, filed 11/07/22];

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Motion in Limine No. 8 to Preclude Defense Experts from Commenting Upon

Plaintiff’s Credibility [ECF 142, filed 11/07/22];

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Motion in Limine No. 7 to Preclude Reference of Plaintiff’s Narcotic Pain

Medication, Substance, Drug Use, and Abuse [ECF No. 141, filed 11/07/22];

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Motion in Limine No. 6 to Preclude Reference to Employment Termination [ECF

No. 140, filed 11/07/22];

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Motion in Limine No. 5 to Preclude Prior and Subsequent Unrelated Settlements

and/or Injuries [ECF No. 139, filed 11/07/22];

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Motion in Limine No. 4 to Preclude Prior Arrests or Convictions [ECF No. 138,

filed 11/07/22];

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Motion in Limine No. 3 to Preclude Defendant from Making Low Impact

Motion in Limine No. 13 Limit Opinions of Dr. Simpson [ECF No. 148, filed

11/07/22]; and,
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Motion in Limine No. 14 to Preclude Introduction of Evidence of Rebecca

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Howman’s Social Security Disability Benefits [ECF No. 147, filed 11/07/22].

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Case 2:19-cv-01452-KJD-DJA Document 155 Filed 11/16/22 Page 5 of 5

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The parties submit this Stipulation to Withdraw the Parties’ Motions in Limine in good

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faith and not to delay this litigated proceeding; and, ask this Honorable Court to grant this

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Stipulation.

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Dated this 15th day of November 2022.

Dated this 15th day of November 2022.

H&P LAW

THORNDAL ARMSTRONG DELK
BALKENBUSH & EISINGER

/s/ Marjorie L. Hauf, Esq.
MARJORIE L. HAUF, ESQ.
Nevada Bar No. 8111
MATTHEW G. PFAU, ESQ.
Nevada Bar No. 11439
710 South 9th Street
Las Vegas, Nevada 89101
Attorneys for Plaintiffs,
DARLENE ISAAC and
HAROLD ROLAND HOWMAN, JR.

/s/ Michael C. Hetey, Esq.
MICHAEL C. HETEY, ESQ.
Nevada Bar No. 5668
PHILIP GOODHART, ESQ.
Nevada Bar NO. 5332
1100 East Bridger Avenue
Las Vegas, Nevada 89101
Attorneys for Defendants,
WERNER ENTERPRISES, INC. and
NICOLAS FORCILLO

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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