Singh v. Albertson's LLC

Filing 31

ORDER Granting 29 Proposed Joint Pretrial Order. Calendar Call set for 1/21/2025 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Bench Trial set for 1/27/2025 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 5/9/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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Jack P. Burden, Esq.
Nevada State Bar No. 6918
Jacquelyn Franco, Esq.
Nevada State Bar No. 13484
Lisa M. Szyc, Esq.
Nevada State Bar No. 11726
BACKUS | BURDEN
3050 South Durango Drive
Las Vegas, NV 89117
[phone]
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant,
Albertson’s LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MACHELLE SINGH, individually,

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Plaintiff,
vs.
ALBERTSON’S LLC d/b/a ALBERTSONS, a
foreign limited-liability company; DOES I
through X; and ROE CORPORATIONS I
through X, inclusive

) Case 2:23-cv-00436-APG-MDC
)
)
)
) PRETRIAL ORDER
) [LR II 16-3, LR II 16-4]
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Defendants.

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JOINT PRE-TRIAL ORDER

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In compliance with LR 16-3 and LR 16-4 and the Order of the Court (ECF No. 96),

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counsel for Plaintiff MACHELLE SINGH (“Plaintiff”) and Counsel for Defendants

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ALBERTSON’S LLC, (“Defendants”), hereby submit the following Joint Pre-Trial Order in the

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above-referenced matter. Unless explicitly stated, the submission of this document does not mean

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acceptance or agreement with any section drafted by the opposing party.

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After pretrial proceedings in this case,

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IT IS SO ORDERED:

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I.
NATURE OF THE ACTION

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This is an action arising from an incident that occurred on May 17, 2020, at the

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Albertson’s, LLC d/b/a Albertson’s grocery store located at 6730 North Hualapai Way, Las Vegas,

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Nevada 89149 (the “Premises”). Plaintiff alleges that she was a patron at Albertson’s grocery store

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when she slipped and fell in the produce section (“Incident”) of the Premises. Defendant owned,

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maintained and/or operated the Premises at all times relevant to this matter. Plaintiff asserts that

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Defendant was negligent and that such negligence caused the Incident. Plaintiff seeks general and

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special damages arising from the Incident.

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II.
STATEMENT OF JURISDICTION

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This case was removed to Federal Court pursuant to 28 U.S.C. §§1441(a) and 1446 based
upon diversity jurisdiction under 28 U.S.C. §§1332. During all times relevant, Plaintiff was and is
a resident of Clark County, Nevada.

During all times relevant, Defendant was a foreign

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corporation doing business in the State of Nevada. Plaintiff’s alleged past medical expenses are

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$191,705.00.

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calculations. Moreover, Plaintiff is also claiming damages for pain and suffering. Thus, the

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amount in controversy is in excess of $75,000.00.

Plaintiff alleges additional damages on which her experts have rendered

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III.
ADMITTED FACTS
The following facts are admitted by the parties and require no proof:
1. On or about May 17, 2020 Defendant Albertson’s, LLC d/b/a Albertson’s grocery owned
the Premises located at 6730 North Hualapai Way, Las Vegas, Nevada 89149.
2. On May 17, 2020, Plaintiff was a patron in the subject store.
3. Defendant owed Plaintiff a duty to supervise and maintain its premises in a reasonably safe
and suitable condition for its patrons, guests, invitees, and others and further to take
precautions to avoid/remove the presence of dangerous conditions.
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IV.
UNCONTESTED FACTS

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The following facts, though not admitted, will not be contested at trial by evidence to the
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contrary:
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1. While in the store, Plaintiff was walking through the produce department.
2. There was water on the floor in the produce department near and in the area where Plaintiff
was walking.
3. While walking through the produce department, Plaintiff slipped and fell.
V.
ISSUES TO BE TRIED
The following are issues of fact to be tried and determined upon trial:
A. Plaintiff’s Issues of Fact:
1. The damages to Ms. Singh including without limitation, the expenses of past medical

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treatment, past pain and suffering, the expenses of future medical treatment and future pain
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and suffering.
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2. Whether Defendant breached its duty to supervise and maintain its premises in a
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reasonably safe and suitable condition for its patrons, guests, invitees, and others and
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further to take precautions to avoid/remove the presence of dangerous conditions.
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3. Whether Defendant breached its duty with regard to hiring, training and supervision of its
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employees, working on the subject day.
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4. Whether Defendant’s breach was a cause of Plaintiff’s damages and injuries.
5. The type, nature, and scope of Ms. Singh injuries as a result of Defendant’s breach.
B. Defendant’s Issues of Fact:

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1. Whether Plaintiff sustained injuries as a result of Defendant.
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2. Whether Plaintiff was injured as a result of negligence of Defendant.
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3. The nature and extent of injuries sustained by Plaintiff.
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4. Whether the subject slip and fall was a substantial factor in legally and proximately
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causing Plaintiff’s complained injuries.
5. Whether Plaintiff’s medical expenses were necessarily incurred as a result of the Incident.
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6. Whether such medical expenses were reasonable and customary.

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7. Whether Plaintiff’s future medical treatment is a direct and proximate cause of the

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negligence of Defendant.

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8. Whether Plaintiff will be reasonably certain to incur medical expenses in the future as a result

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of the Subject Incident. If so, whether such future medical expenses are reasonable and

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customary.

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9. Whether Plaintiff’s past and future pain and suffering is related to her injuries as a result of

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negligence of Defendant.

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10. Whether Plaintiff’s loss of enjoyment of life is as a result of negligence of Defendant.

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11. Whether Plaintiff is entitled to general damages, including pain and suffering, as a result of

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the Subject Incident.

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12. Whether Plaintiff mitigated her injuries and damages.

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13. Whether Plaintiff had a preexisting condition or disability on May 17, 2020.

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VI.
ISSUES OF LAW

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The following are issues of law to be tried and determined upon trial (each issue of law must

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be stated separately and in specific terms):
1. Whether the subject Incident was the proximate cause of Plaintiff’s claimed damages, as well

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as the extent of said damages.

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2. Whether Plaintiff can present sufficient evidence to meet her burden of proof.

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3. Whether Defendant can present sufficient evidence for its burden of proof regarding its
affirmative defenses.

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4. Whether either side will be entitled to a directed verdict on any portion of the case at the

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conclusion of the evidence.

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VII.
EXHIBITS

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A. The following exhibits are stipulated into evidence in this case and may be so marked by
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the clerk:
DOCUMENT TITLE
Pueblo Medical Imaging
Las Vegas Neurosurgery, Orthopedics and Rehabilitation
Spring Valley Surgery Center
Las Vegas Pain Institute and Medical Center
Las Vegas Pain Institute and Medical Center – Films
Advanced Pain Medical Group
Westlake Primary and Specialty Care
Community Memorial Health System

JOINT EXHIBIT NO.

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The undersigned parties are continuing to refine their joint exhibit list to avoid duplication

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and to stipulate as feasible. The parties currently reserve any objections as to foundation and

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admissibility.

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With regard to medical bills and records disclosed by Plaintiff and Defendant, the parties

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stipulate each are authentic and, therefore, neither party will not be required to call the Custodian

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of Records to testify as to authenticity. However, Defendant does not stipulate that the medical

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treatments and bills are reasonable, customary, and causally related to Plaintiff’s injuries at issue.
B. As to the following additional exhibits, the parties have reached the stipulations stated:
1. Plaintiff’s Exhibits and Defendant’s Objections
Document Title
Bates No.
Complaint
6 Colored Photographs of
Incident Scene

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1 Colored Photograph of Injury
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Las Vegas Pain Institute &
Medical Center
Spring Valley Surgery Center
Pueblo Medical Imaging
Las Vegas Neurosurgery
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Objection
Authentication [FED.R.EVID.
901]
Hearsay [FED.R.EVID. 802]
Foundation
[FED.R.EVID. 602]
Authentication [FED.R.EVID.
901]
Hearsay [FED.R.EVID. 802]
Foundation [FED.R.EVID.
602]

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Document Title
Orthopaedics
Plaintiff’s Expert – David
Bosch, PhD Report

Bates No.

Authentication [FED.R.EVID.
901]
Hearsay [FED.R.EVID. 802]
Foundation
[FED.R.EVID. 602]
Called for Expert
Testimony
[FED.R.EVID. 702]

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Objection

Defendant’s Responses to
Interrogatories (first set)
Defendant’s Responses to
Requests for Admissions
Plaintiff reserves the right to supplement this list with document identifying information as
the parties determine which exhibits can be additionally stipulated to.
Defendant reserves the right to object to the aforementioned exhibits or portions thereof.
Defendant reserves the right to use any and all exhibits attached to any and all depositions listed in
the instant pleading under the deposition section of both Plaintiff’s and Defendant’s exhibits
listed. Defendant also reserves the right to use any exhibits identified in any parties’ list of witnesses
and documents.
With this improper broad category of documents or other material being generally
referenced herein as a potential exhibit to be proposed for admission at time of trial, Defendant
objects to the same and reserves the right to lodge any and all objections permitted under the
Federal Rules of Evidence and/or applicable law. Defendant further objects to the admission of
any document or other evidence that has not been disclosed pursuant to LR 16-3(b)(8) explicitly
mandating that “the lists or schedules must describe the exhibits sufficiently for ready
identification.”
Defendant reserves the right to offer into evidence any exhibit timely and properly
disclosed during discovery for the purpose of impeachment.
Defendant reserves the right to utilize and/or seek to publish and/or admit into evidence all
deposition testimony, all affidavits filed or attached to any motion or pleading in this case, and all
responses to discovery from any party in this case for purposes of impeachment.

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Defendant reserves the right to offer into evidence any exhibit timely and properly
disclosed during discovery for the purposes of rebuttal. Defendant reserves the right to offer into
evidence any exhibit offered by any other parties to this action.
2. Defendant’s Exhibits and Plaintiff’s Objections
Document Title
Bates No.
Objection
Surveillance
ALB00001
Photos
ALB00002-00007
Customer Incident Report
ALB00008
Store Incident Report
ALB00009-00012
Sweep Log
ALB00433-00435
McKenna Medical Record
ALB00905-00921 Hearsay [FED.R.EVID. 802]
Review Report 8-8-2023
Foundation
[FED.R.EVID 602]

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Dr. McKenna CV

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Dr. McKenna Fee Schedule

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Dr. McKenna Testimony List

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Neil Opfer Rebuttal Report 118-2023

Updated/Current to be
provided
Updated/Current to be
provided
Updated/Current to be
provided
ALB00933-00959 Hearsay [FED.R.EVID. 802]
Foundation
[FED.R.EVID 602]

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Neil Opfer CV

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Neil Opfer Resume

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Neil Opfer Fee Schedule

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Neil Opfer Testimony List

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Plaintiff’s Expert – David
Bosch, PhD Report
Plaintiff’s Responses to
Interrogatories (First Set)
Plaintiff’s Responses to
Interrogatories (Second Set)

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Updated/Current to be
provided
Updated/Current to be
provided
Updated/Current to be
provided
Updated/Current to be
provided

Defendant reserves the right to supplement this list with document identifying information
as the parties determine which exhibits can be additionally stipulated to.

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Plaintiff reserves the right to object to the aforementioned exhibits or portions thereof.

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Plaintiff reserves the right to use any and all exhibits attached to any and all depositions listed in
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the instant pleading under the deposition section of both Plaintiff’s and Defendant’s exhibits

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listed. Plaintiff also reserves the right to use any exhibits identified in any parties’ list of witnesses

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and documents.
With this improper broad category of documents or other material being generally
referenced herein as a potential exhibit to be proposed for admission at time of trial, Plaintiff
objects to the same and reserves the right to lodge any and all objections permitted under the
Federal Rules of Evidence and/or applicable law. Plaintiff further object to the admission of any
document or other evidence that has not been disclosed pursuant to LR 16-3(b)(8) explicitly

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mandating that “the lists or schedules must describe the exhibits sufficiently for ready

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identification.”

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Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed
during discovery for the purpose of impeachment.

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Plaintiff reserves the right to utilize and/or seek to publish and/or admit into evidence all

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deposition testimony, all affidavits filed or attached to any motion or pleading in this case, and all

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responses to discovery from any party in this case for purposes of impeachment.

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Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed

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during discovery for the purposes of rebuttal. Plaintiff reserves the right to offer into evidence any

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exhibit offered by any other parties to this action.

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C. Evidence in Electronic Format:

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The parties intend to present evidence in electronic format to jurors for the purposes of jury

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deliberations. Although it is not known at this time which exhibits will be electronically presented,

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the parties stipulate that they will provide electronic evidence in an electronic format compatible

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with the Court’s electronic jury evidence display system. The parties stipulate that they will

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contact the courtroom administrator for instructions about how to prepare evidence in an electronic

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format and other requirements for the Court’s electronic jury evidence display system.

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1. Plaintiff will offer the following depositions: Plaintiff reserves the right to use depositions

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due to deponent unavailability, to refresh recollection and/or to impeach or for any other

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purpose allowed by the rules including those taken by Defendant listed below, and:
a. Machelle Singh, Plaintiff
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b. Michael McKenna, Defendant’s Expert

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c. Jocelyn Nato, Plaintiff’s treating provider

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d. Gregory Earl, Albertson’s Produce Manager

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e. Neil Opfer, Defendant’s Expert

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f. David Bosch, Plaintiff’s Expert

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g. Jody Wood, 30(b)(6) Witness for Defendant, Albertson’s LLC

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2. Defendant will offer the following depositions: Defendant does not intend to read any

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depositions into the record at this time but reserves the right to use depositions due to

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deponent unavailability, to refresh recollection and/or to impeach. The depositions in this

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matter include the following:
a. Machelle Singh, Plaintiff

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b. David Bosch, Plaintiff’s Expert

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c.

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d. Jody Wood, 30(b)(6) Witness for Defendant Albertson’s LLC

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Jocelyn Nato, Plaintiff’s Treating Provider

e. Michael McKenna, Defendant’s Expert

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f. Neil Opfer, Defendant’s Expert

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D.

Objections to Depositions:

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1. Defendant objects to Plaintiff’s depositions as follows: Defendant objects to Plaintiff’s

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use of deposition transcripts for anything other than unavailability of a witness,

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impeachment, and to refresh recollection.

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2. Plaintiff objects to Defendant’s depositions as follows: Plaintiff objects to Defendant’s

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use of deposition transcripts for anything other than unavailability of a witness,

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impeachment, and to refresh recollection. Plaintiff also objects to the use of any portion

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of a deposition where objections were preserved prior to the Court making a ruling on

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such objection.

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E. Demonstrative Exhibits:

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The Parties reserve all appropriate objections to demonstrative exhibits for the time of trial.
VIII.
WITNESSES

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The following witnesses may be called upon by the parties at trial:

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A.

1. Machelle Singh
c/o ERIK AHLANDER, ESQ.
AHLANDER INJURY LAW
9183W, Flamingo Rd., Ste. 110
Las Vegas, Nevada 89147
T: [phone]

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2. Albertsons 30(b)(6) Corporate Witness
Jody Wood and/or Marc Tomeoni
c/o Jack Burden, Esq.
Backus | Burden
3050 S. Durango Dr.
Las Vegas, NV 89117
Tel: [phone]

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3. Gregory Earl, Produce Manager
c/o Jack Burden, Esq.
Backus | Burden
3050 S. Durango Dr.
Las Vegas, NV 89117
Tel: [phone]

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B.

TREATING PHYSICIANS/PROVIDERS

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4.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Las Vegas Pain Institute & Medical Center
3835 S. Jones Blvd.
Las Vegas, Nevada 89103

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Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Spring Valley Surgery Center
3835 S. Jones Blvd.
Las Vegas, Nevada 89103

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Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Las Vegas Neurosurgery Orthopaedics and Rehabilitation
501 S. Rancho Drive, Suite I-67
Las Vegas, NV 89106
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C.

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RETAINED EXPERT WITNESSES
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Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Pueblo Medical Imaging
5495 S. Rainbow Blvd., Suite 203
Las Vegas, NV 89118

David R. Bosch, PH.D
FORENSIC ENGINEERING INC.
1005 N. 50th Street, Suite 4
Phoenix, Arizona 85008

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Plaintiff reserves the right to call at trial any of the witnesses identified in Defendant’s list

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of witnesses and any other witnesses that are otherwise permitted to testify including, but not

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limited to, any person not named herein for rebuttal/impeachment purposes. Plaintiff further

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reserves the right to call any Custodian of Records as may be necessary to testify as to the

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authenticity of the medical and billing records associated with Plaintiff’s care and treatment.

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Plaintiff reserves the right to object to the foregoing and any other witnesses identified and/or

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called by Defendant.

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2. Defendant’s Witnesses:

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a. Machelle Singh
c/o ERIK AHLANDER, ESQ.
Nevada Bar No. 9490
AHLANDER INJURY LAW
9183W, Flamingo Rd., Ste. 110
Las Vegas, Nevada 89147
T: [phone]

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b. 30(b)(6) Corporate Witness for Albertsons LLC
c/o Jack Burden, Esq.
3050 S. Durango Drive
Las Vegas, Nevada 89117
T: [phone]

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c. Michael John McKenna, MD
3465 W. SAHARA AVE. SUITE 111-419
LAS VEGAS, NV 89117
Tel: [phone]

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d. Neil D. Opfer
Opfer Construction & Review [OPCOR] Group
1920 Placid Ravine
Las Vegas, NV 89117
Tel: [phone]

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Defendant reserves the right to call at trial any of the witnesses identified in Plaintiff’s list

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of witnesses and any other witnesses that are otherwise permitted to testify including, but not
limited to any person not named herein for rebuttal/impeachment purposes.
IX.
MOTIONS IN LIMINE

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At this time, the parties have not filed any Motions in Limine. The parties reserve the right

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to file Motions in Limine as permitted under the Federal Rules of Civil Procedure and Local
Rules of this Court.
X.
TRIAL DATE

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Counsel have met and herewith submit a list of three (3) agreed-upon trial dates:
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1.

January 13,, 2025

2.

January 20, 2025

3.

February 17, 2025

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It is expressly understood by the undersigned that the Court will set the trial of this matter on

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one (1) of the agreed-upon dates if possible. If not, the trial will be set at the convenience of the

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court’s calendar.

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XI.
TIME FOR TRIAL

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It is estimated that the trial herein will take a total of 7 to 10 full judicial days.
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APPROVED AS TO FORM BY:
DATED this 8th
day of May, 2024.

DATED this 8th

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AHLANDER INJURY LAW

BACKUS | BURDEN

/s/ M. Erik Ahlander
M. ERIK AHLANDER, ESQ.
Nevada Bar No. 9490
9183W, Flamingo Rd., Ste. 110
Las Vegas, Nevada 89147
T: [phone]
[e-mail]

/s/ Lisa M. Szyc_____________________
Jack P. Burden, Esq.
Nevada State Bar No. 6918
Jacquelyn Franco, Esq.
Nevada State Bar No. 13484
Lisa M. Szyc, Esq.
Nevada State Bar No. 11726
BACKUS | BURDEN
3050 South Durango Drive
Las Vegas, NV 89117
BACKUS | BURDEN
3050 South Durango Drive
Las Vegas, Nevada 89117
Attorney for Defendants

day of May, 2024.

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Case 2:23-cv-00436-APG-MDC

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ACTION BY THE COURT
This case is set for a bench trial on the tacked calendar on January 27, 2025 at 9:00 a.m.
Calendar call shall be held on January 21, 2025 at 9:00 a.m. in Courtroom 6C.
This pretrial order has been approved by the parties to this action as evidenced by the
signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this
case. This order shall not be amended except by court order and based upon the parties’ agreement or
to prevent manifest injustice.
DATED: May 9, 2024.
__________________________________
UNITED STATES DISTRICT JUDGE

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