Eaton et al v. Southern Sports Medicine Institute, PLLC et al

Filing 273

ORDER: Case Management Conference held on 6/20/2014. Signed by Magistrate Judge Juliet E. Griffin on 6/23/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JIMMY W. EATON; and ROBIN D.
EATON
v.
SOUTHERN SPORTS MEDICINE
INSTITUTE, PLLC; THOMAS L.
GAUTSCH, M.D.; SUMNER
MEDICAL CENTER, PLLC;
WILLIAM T. FAITH, M.D.;
SUMNER REGIONAL MEDICAL
CENTER, LLC d/b/a Sumner Regional
Medical Center; SRHS
BANKRUPTCY, INC. d/b/a Sumner
Regional Medical Center;
WALGREENS-OPTION CARE, INC.
d/b/a Walgreen Infusion Pharmacy;
and WALGREEN CO.1

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No. 3-11-0783

ORDER
In accord with the order entered June 9, 2014 (Docket Entry No. 272), a case management
conference was held on June 20, 2014, at which time the following matters were addressed:
1.

It is expected that the plaintiff will complete treatment in July. Plaintiffs' counsel

shall forward all recent medical records to defendants' counsel as soon as possible after he has
completed treatment.
2.

All additional discovery, including the re-deposition of the plaintiff on his most recent

medical treatment, the deposition of the treating physician at St. Thomas who took his recent history,
and perhaps the deposition of the surgeon who performed the recent surgery, shall be completed by
September 30, 2014.
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By stipulation filed August 6, 2012 (Docket Entry No. 51), and order entered August 9,
2012 (Docket Entry No. 52), the plaintiffs' claims against defendant Sumner Regional Medical
Center, LLC d/b/a Sumner Regional Medical Center were dismissed. By order entered March 12,
2014 (Docket Entry No. 205), the plaintiffs' claims against defendants Walgreen Co. and WalgreensOption Care, Inc. d/b/a Walgreen Infusion Pharmacy were dismissed. By order entered March 18,
2014 (Docket Entry No. 208), the plaintiffs' claims against SRHS Bankruptcy, Inc. d/b/a Sumner
Regional Medical Center were dismissed.

3.

The defendants shall have until October 31, 2014, to serve supplemental expert

disclosures as a result of the plaintiff's recent treatment.
4.

The plaintiff shall have until December 1, 2014, to serve supplemental rebuttal expert

disclosures.
5.

Any responses to all outstanding motions in limine (Docket Entry Nos. 229-242, 244-

250, 253-268, and 270) shall be filed by January 27, 2015.
6.

By February 20, 2015, the parties shall also:

a.

File a proposed joint pretrial order, which shall include:
(1)

a recitation that the pleadings are amended to conform to the pretrial order
and that the pretrial order supplants the pleadings;

(2)

a short summary of the plaintiffs' theory (no more than one page);

(3)

a short summary of the defendants' theories (no more than one page each);

(4)

a succinct statement of the relief sought;

(5)

a statement of the issues, including a designation of which issues are for the
jury and which issues are for the Court;

(6)

Any special trial procedural issues;

(7)

A summary of any anticipated evidentiary issues;

(8)

A statement that counsel have complied with Rule 26(e) of the Federal
Rules of Civil Procedure; and

(9)
b.

The estimated length of the trial.

File pretrial briefs, including:
(1)

a concise statement of the facts;

(2)

a concise statement of the issues;

(3)

a statement of the propositions of law upon which counsel relies, together
with citations of authorities in support thereof;

2

(4)

those evidentiary rulings counsel anticipates may arise and the legal
authorities upon which counsel relies in support of his or her contentions; and

(5)

what damages are recoverable and, where applicable, a proposed method of
reducing future damages to present value.

c.

File any deposition transcripts that the parties expect to use at trial;

d.

Serve and file their respective final lists of witnesses and exhibits;

e.

File a listing of all agreed stipulations;2 and

f.

File proposed jury instructions, any special interrogatories, and any special verdict

forms.3
The parties shall premark all exhibits and comply with Local Rule 39.01(c)(4).
The Clerk is directed to forward the file in this case to the Honorable John T. Nixon for his
consideration of the following fully briefed motions: (1) the plaintiffs' motion to exclude expert
testimony of Dr. Timothy C. Hain (Docket Entry No. 125); (2) the plaintiffs' motion to exclude all
experts identified by Dr. Faith and Sumner Medical Group (Docket Entry No. 127); (3) the plaintiffs'
motion to appoint expert (Docket Entry No. 130); (4) the plaintiffs' motion to exclude any testimony
of Dr. Randolph Richards as to other possible causes (Docket Entry No. 133); (5) the plaintiffs'
motion to exclude any testimony of Dr. Timothy C. Hain as to other possible causes (Docket Entry
No. 135); (6) the plaintiffs' motion to exclude any testimony of Dr. Ban Allos as to other possible
causes (Docket Entry No. 139); (7) the plaintiffs' motion to exclude orthopedic experts (Docket
Entry No. 143); (8) the plaintiff's motion to exclude infectious experts (Docket Entry No. 146);

2

Counsel shall attempt in good faith to stipulate to the authenticity of exhibits, and shall
stipulate to any matters as to which there is no genuine issue or to which counsel does not intend to
object. Objections to authenticity of exhibits and any proposed stipulation to which another party
objects will be addressed at the pretrial conference. Objections as to admissibility and relevancy may
be reserved until the time of trial or addressed in the context of motions in limine.
3

Counsel shall confer and jointly prepare and file a set of agreed, proposed instructions and
verdict forms. Each proposed jury instruction shall begin on a new page and shall include citations
to supporting authorities. The parties may separately file any disputed jury instructions or verdict
forms.
3

(9) the plaintiffs' motion to exclude junk science opinions of the defendants' experts (Docket Entry
No. 149); (10) the plaintiffs' motion to exclude the supplemental expert witness disclosures of
Dr. Gautsch and Southern Sports Medicine Institute and to exclude the opinions of experts
Cleveland, Hodrick and Peak (Docket Entry No. 162); and (11) the motion for partial summary
judgment filed by defendants Gautsch and Southern Sports Medicine Institute (Docket Entry
No. 198).
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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