Lo v. United States of America et al

Filing 141

PRETRIAL ORDER signed by Judge Tana Lin. (LH)

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 1 of 26

1

The Honorable Tana Lin

2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT IN AND FOR
THE WESTERN DISTRICT OF WASHINGTON IN SEATTLE
KA WAI JIMMY LO,
Plaintiff,

10
11
12

No. 2:17-cv-01202-TL

v.

AGREED PRETRIAL ORDER
[AMENDED]

UNITED STATES of AMERICA,
Defendant.

13

I.

14

FEDERAL JURISDICTION

15

Jurisdiction in this matter is premised upon the Federal Tort Claims Act (“FTCA”),

16

28 U.S.C. §§ 1346(b) and 2679(b)(1). The United States has only waived sovereign immunity

17

for the negligent or wrongful acts or omissions of any federal employee acting within the scope

18

of employment, under circumstances where the United States, if a private person, would be liable

19

to the plaintiff in accordance with the law of the place where the act or omission occurred.

20

28 U.S.C. §§ 1346(b). Venue is proper under 28 U.S.C. § 1402(b). The parties agree that

21

Washington State law substantively governs the claim to be adjudicated at trial in this matter.
II.

22
23
24

CLAIMS AND DEFENSES

At trial, Plaintiff will pursue the following claims:
Plaintiff will pursue economic, general, and special damages for the injuries Mr. Lo suffered and
PRETRIAL ORDER - 1

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 2 of 26

1

continues to suffer as a result of the motor vehicle collision that occurred on November 23, 2012.

2

The United States will pursue the following affirmative defenses:

3

1.

Plaintiff’s injuries and damages were not proximately caused by the negligent or

4

wrongful act or omission of any agent, employee, or representative of the United States.

5

Plaintiff’s injuries and damages, if any, were caused by other preexisting or unrelated sicknesses,

6

injuries, or other medical conditions.

7
8

2.

Plaintiff’s total damages must be limited to no more than $300,000.00, the sum

certain set forth in Plaintiff’s administrative claim form. See U.S.C. § 2675(b).

9

3.

Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce

10

the injuries, damages and disabilities alleged. The damages Plaintiff claims (if proven) must be

11

decreased by the portion of his responsibility in failing to mitigate the same.

12
13

4.

Plaintiff’s claims for both past and future earnings as well as earning capacity (if

proven) must be decreased by the portion of his responsibility in failing to mitigate the same.

14

5.

Pursuant to 28 U.S.C. § 2678, Plaintiff is not entitled to a separate award of

15

attorney’s fees, expenses, or costs. Nor is Plaintiff entitled to any pre-judgment interest against

16

the United States.

17

6. All future damages, if any, must be reduced to present value.
III.

18

ADMITTED FACTS

19

Defendant has “concluded that it does not contest liability in this matter.” Dkt. 63, Pg 1,

20

ln. 22-23. This Court has granted Defendant’s summary judgment motion on the special

21

damages as it relates to past 1 medical bills. The Court also excluded the following via pretrial

22
23
24

To the extent that this order reflects substantive changes from the parties’ joint proposed pretrial order (Dkt.
No. 138), additions have been marked in bold and italics, while deletions have been marked with a
strikethrough.

1

PRETRIAL ORDER - 2

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 3 of 26

1

motions: (1) testimony from Plaintiff’s expert Dr. Sanford Wright regarding Plaintiff’s hip,

2

mental health, and complex regional pain syndrome; (2) vocational testing performed by

3

Plaintiff’s life care planner; and (3) portions of Plaintiff’s life care plan pertaining to future

4

mental health care. The parties also stipulated to the present cash value of the portions of the

5

life care plan that remain and agree to present those figures through the report of Defendant’s

6

retained economist, Lorraine Barrick, without the need to call Ms. Barrick to testify.

7
8
9
10
11
12
13

1.

Plaintiff was involved in a motor vehicle collision with a United States Postal

Service (“USPS”) employee, Christian Tanuyan, on November 23, 2012, at approximately 2 PM.
2.

The collision occurred at the intersection of 87th Avenue S. and S. 123rd Street in

Renton, Washington.
3.

Plaintiff was operating a 2011 Toyota Yaris, and was traveling southbound on 87th

Avenue S., proceeding straight.
4.

Mr. Tanuyan was also traveling southbound on 87th Avenue S., but had pulled to

14

the right of the road, at the entrance of S. 123rd Street, to attempt to cross over 87th Avenue S. and

15

travel north (in essence, a U-turn).

16
17

5.

Mr. Tanuyan collided with the front right corner of Plaintiff’s vehicle and

Plaintiff’s vehicle spun. There was a secondary impact with the left front of Plaintiff’s vehicle.

18

6.

Plaintiff was traveling approximately 25 MPH at time of impact.

19

7.

Plaintiff was transported on scene to UW Valley Medical Center for further

20
21
22
23
24

treatment via ambulance.
8.

The United States does not contest liability but disputes the nature and extent of

Plaintiff’s damages.
9.

The property damage to Plaintiff’s vehicle was separately adjudicated and is not

an issue remaining for trial.
PRETRIAL ORDER - 3

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 4 of 26

IV.

1
2
3
4
5
6

ISSUES OF LAW

The following issues of law must be determined by the Court:
1. What injuries to Plaintiff has Plaintiff proved were proximately caused by Defendant’s
negligence by a preponderance of the evidence?
2. Has Plaintiff proved by a preponderance of the evidence that he sustained economic
damages? Specifically:

7

a. That he requires future medical care as a result of the collision.

8

b. That such care is reasonable, necessary, and related to the subject collision.

9

c. That he lost earnings as a result of the collision.

10

d. The reasonable value of those earnings to the present time.

11

e. That he will, continue to lose earnings and/or earning capacity.

12

f. The reasonable value of earning and/or earning capacity that will, with reasonable

13
14
15
16
17

probability, be lost in the future.
3. Has Plaintiff proved by a preponderance of the evidence that he sustained non-economic
damages? Specifically:
a. What damages, if any, has Plaintiff proved by a preponderance of the evidence
related to the nature and extent of his injuries?

18

b. What damages, if any, has Plaintiff proved by a preponderance of the evidence

19

concerning his disability, disfigurement, and loss of enjoyment of life, experienced

20

and with reasonable probability to be experienced in the future?

21

c. What damages, if any, has Plaintiff proved by a preponderance of the evidence

22

related to the pain and suffering, both mental and physical, inconvenience, mental

23

anguish, and emotional distress?

24
PRETRIAL ORDER - 4

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 5 of 26

1

4. Has the United States proved by a preponderance of evidence that Plaintiff failed to

2

mitigate any of the above damages?
V.

3
4

(1)

PLAINTIFF’S WITNESSES

Ka Wai Jimmy Lo. Will Testify In Person. Mr. Lo is the Plaintiff in this action. He

5

will testify as to the facts and circumstances surrounding the collision, his subsequent

6

injuries, and the affect those injuries have had on his day-to-day life and relationships.

7

Address: 8416 South 120th Street, Seattle, WA 98178.

8

(2)

9

regarding Plaintiff’s injuries and the effects those injuries had on Plaintiff and his

10
11

Tiffany Chim. Will Testify in Person. Ms. Chim is Plaintiff’s partner and will testify

day-to-day life. Address: 8416 South 120th Street, Seattle, WA 98178.
(3)

Michael Chan. Will Testify via Zoom. Mr. Chan is a close friend of Plaintiff and may

12

testify regarding Plaintiff’s injuries and the effects those injuries had on Plaintiff and

13

his day-to-day life. Address: 6681 Kreb Lake Ct., Las Vegas, NV 89148. Mr. Chan

14

previously agreed to testify when the parties stipulated to a zoom trial. He lives in

15

Las Vegas, and appearing in person will be a burden on him. Plaintiff accordingly

16

respectfully requests leave to allow him to testify by Zoom.

17

(4)

Kimberly Tso. Will Testify via Zoom. Ms. Tso is a close friend of Plaintiff and may

18

testify regarding Plaintiff’s injuries and the effects those injuries had on Plaintiff and

19

his day-to-day life. Address: 8802 SE 37th St., Mercer Island, WA 98040. Ms. Tso

20

agreed to testify when the case was to proceed as a Zoom-only trial. She works full

21

time, and scheduling her for an in person appearance will disrupt her schedule.

22

Plaintiff accordingly respectfully requests leave to allow her to testify by Zoom.

23
24

(5)

Dr. Sanford Wright, MD. Will Testify via Zoom. Dr. Wright is an expert retained by
Plaintiff and will testify regarding Plaintiff’s medical treatment and injuries. Dr.

PRETRIAL ORDER - 5

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 6 of 26

1

Wright may also be called to rebut testimony of Defendant’s expert witnesses.

2

Address: 3726 Broadway Suite 201, Everett, WA 98201. Phone: [phone].

3

Dr. Wright maintains an active practice mixing medical and legal consultations. He

4

was previously scheduled when the parties had stipulated to a zoom trial. He is

5

booked far in advance, and it would therefore be a hardship for him to reschedule

6

appointments to take the additional time to travel to the Courthouse and potentially

7

wait for his turn to testify. Plaintiff accordingly respectfully requests leave to allow

8

him to testify by Zoom.

9

(6)

Dr. Michelle Brown, PsyD. Will Testify via Zoom. Ms. Johnson is an expert retained

10

by Plaintiff and will testify regarding Plaintiff’s emotional and psychological state,

11

the effects of the motor vehicle collision on his general mental health, and injuries.

12

Dr. Brown may also be called to rebut testimony of Defendant’s expert witnesses.

13

Address: 4711 44th Ave SW, Suite C, Seattle WA 98116. Phone: [phone].

14

Dr. Brown was previously scheduled when the parties stipulated to a zoom trial. She

15

maintains a largely clinical practice and therefore it would be a hardship to reschedule

16

many clients receiving mental health treatment for her to physically come to the Court

17

to testify. Plaintiff accordingly respectfully requests leave to allow her to testify by

18

Zoom.

19

(7)

Cloie B. Johnson, M.Ed., A.B.V.E., C.C.M. Will Testify via Zoom. Ms. Johnson is an

20

expert retained by Plaintiff and will testify regarding Plaintiff’s economic loss. Ms.

21

Johnson may also be called to rebut testimony of Defendant’s expert witnesses.

22

Address: 10132 NE 185th St., Bothell, WA 98011. Phone: [phone]. Ms.

23

Johnson had a previously scheduled vacation that coincided with the Court’s re-

24

noting of trial. She is willing to testify during trial, but it would be a hardship for her
PRETRIAL ORDER - 6

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 7 of 26

1

to testify in person. Plaintiff accordingly respectfully requests leave to allow her to

2

testify by Zoom.
VI.

3

DEFENDANT’S WITNESSES

4

The following expert witnesses may be called by the United States at trial:

5

1.

6
7

Brad L. Bates, Ph.D. – Will testify live.
Tacoma Psychology, PLLC
2102 N. 30th Street, Suite B
Tacoma, WA 98403
Phone: [phone]

8

Dr. Bates is a licensed clinical psychologist who was retained by the United States to

9

perform an independent mental health examination on February 5, 2021. He will testify regarding

10

his own examination as well as Plaintiff’s post-collision treatment history, diagnoses, and

11

prognoses as it relates to apparent mental health disorders. He will also address testimony from

12

Plaintiff’s expert(s) regarding future care and treatment.

13

requirements set forth by the Court via email on April 13, 2022, and thus, will appear in-person.

14
15
16

2.

Dr. Bates meets the vaccine

Patrick N. Bays, D.O. – Will testify live.
NOVA Medical Experts
140 4th Avenue N, Suite 170
Seattle, WA 98109
Phone: [phone]

17

Dr. Bays is a board-certified orthopedic surgeon who was retained by the United States to provide

18

opinion regarding the alleged orthopedic injuries, including the cervical and lumbar spine as well

19

as the upper extremity pain/discomfort. He will testify regarding Plaintiff’s post-collision

20

treatment history, diagnoses, and prognoses including Plaintiff’s unrelated degenerative

21

conditions impacting the spine. He will also discuss the apparent need for surgical intervention

22

in the lower back. Lastly, he will address testimony from Plaintiff’s expert(s) regarding future

23

care and treatment. Dr. Bays meets the vaccine requirements set forth by the Court via email on

24

April 13, 2022, and thus, will appear in-person.
PRETRIAL ORDER - 7

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 8 of 26

1

3.

2
3

John Berg, M.Ed., CRC, IPEC, ABVE/Diplomate – Will testify live.
Vocational Consulting, Inc.
3515 SW Alaska Street
Seattle, WA 98126
Phone: [phone]

4

Mr. Berg is a vocational rehabilitation counselor who was retained by the United States

5

to provide opinion regarding whether Plaintiff’s employability had been impacted by the subject

6

collision. He will testify regarding Plaintiff’s employment history both prior and subsequent to

7

the collision (including the viability of Plaintiff’s many attempted business ventures) and discuss

8

the type(s) of employment available to Plaintiff presently. He will address testimony from

9

Plaintiff’s expert(s) regarding future earning capacity loss and/or the apparent need for vocational

10

retraining or education. Mr. Berg meets the vaccine requirements set forth by the Court via email

11

on April 13, 2022 and thus, will appear in-person.

12
13
14

4.

Edward I. Dagher, M.D.—Will testify live.
Center for Musculoskeletal Evaluations
1822 Black Lake Boulevard SW, Suite 102
Olympia, WA 98512
Phone: [phone]

15

Dr. Dagher is a board-certified physical medicine and rehabilitation physician who was

16

retained by the United States to provide opinion regarding the alleged physical injuries, including

17

the cervical and lumbar spine as well as the upper extremity pain/discomfort. He will testify

18

regarding Plaintiff’s post-collision treatment history, diagnoses, and prognoses including

19

Plaintiff’s unrelated degenerative conditions impacting the spine. He will also discuss the

20

apparent need for surgical intervention in the lumbar spine and/or interventional spinal procedures

21

(e.g., ablation) in the cervical spine. Lastly, he will address testimony from Plaintiff’s expert(s)

22

regarding future care and treatment. Dr. Dagher meets the vaccine requirements set forth by the

23

Court via email on April 13, 2022 and thus, will appear in-person.

24
PRETRIAL ORDER - 8

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 9 of 26

1

The following lay witnesses may be called by the United States at trial:

2

1.

3

Mr. Tanuyan was the driver of the USPS vehicle that collided with Plaintiff’s vehicle on

4
5
6

Christian Tanuyan – Possible Witness Only
c/o Erin K. Hoar, Assistant United States Attorney, Counsel for United States

November 23, 2012. Mr. Tanuyan may be called by the United States to rebut any claims by
Plaintiff regarding the mechanism of the collision and Plaintiff’s presentation at the scene.
VII.

7

Plaintiff intents to introduce the following exhibits at trial:

8
9

No.

Description

P-1.

15

P-9.
P-10.

16

P-11.

17

P-12.

18

P-13.
P-14.

Property Damage
Photographs
Property Damage
Correspondence
Police Report
Initial Report of Dr. Wright
Initial Report of Ms. Johnson
Initial Report of Dr. Brown
Rebuttal Report of Dr. Wright
Rebuttal Report of Ms.
Johnson
Rebuttal Report of Dr. Brown
Supplemental Report of Dr.
Wright
Supplemental Report of Ms.
Johnson
Supplemental Report of Dr.
Brown
Tax Records
Property Records

P-15.
P-16.

10
11
12
13
14

19
20

PLAINTIFF’S EXHIBITS

P-2.
P-3.
P-4.
P-5.
P-6.
P-7.
P-8.

Authenticity Admissibility Objection
Stipulated
Stipulated
Stipulated

Disputed

Stipulated
Stipulated
Stipulated
Stipulated
Stipulated
Stipulated

Stipulated
Disputed
Disputed
Disputed
Disputed
Disputed

Stipulated

Disputed
802
Withdrawn

23
24

P-17.
P-18.
P-19.

802
802
802
802
802

Withdrawn
Withdrawn
Stipulated
Disputed

Stipulated
Disputed

Business Records

Stipulated

Disputed

Records: Social Security
Administration
Records: WA Employment
Security Department
Accident Scene Photographs
Photographs: Mr. Lo

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated
Withdrawn

21
22

401-402;
802

PRETRIAL ORDER - 9

401-402;
602; 802;
901
401-402;
602; 802;
901

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 10 of 26

1
2

P-20.
P-21.

3

P-22.
P-23.

4

P-24.

5

P-25.

6

P-26.
P-27.

7

P-28.

8

P-29.

9

P-30.

10

P-31.

11

P-32.

12

P-33.

13

P-34.

14
15
16
17
18
19
20
21
22
23

P-35.
P-36.
P-37.
P-38.
P-39.
P-40.
P-41.
P-42.
P-43.
P-44.

Educational Records: Mr. Lo
Radiology Images: Proliance
Orthopedic
Radiology Images: MultiCare
Radiology Images: Updated
MultiCare
Employment Records: KT
Building Supply
Employment Records:
Western Homes Realty Inc
Medical Specials Summary
Medical & Billing Records:
Assoc Emergency Phys
Medical & Billing Records:
Bellevue Bone and Joint
Medical & Billing Records:
Clark Chiropractic
Medical & Billing Records:
Columbia City Chiropractic
Medical & Billing Records:
Daniel Fosmire, MD
Medical & Billing Records:
Diagnostic Imaging NW
Medical & Billing Records:
Evergreen Health
Medical & Billing Records:
Massage Envy
Medical & Billing Records:
Prescription Receipts
Medical & Billing Records:
MultiCare
Medical & Billing Records:
Navos Mental Health
Medical & Billing Records:
NeighborCare
Medical & Billing Records:
Overlake Hospital
Medical & Billing Records:
Overlake Medical Clinic
Medical & Billing Records:
Proliance Orthopedic
Medical & Billing Records:
Steven M. Hall, M.D.
Medical & Billing Records:
UW Physicians
Medical & Billing Records:
UW Valley Medical Center &
Clinics

24
PRETRIAL ORDER - 10

Stipulated
Stipulated

Stipulated
Stipulated

Stipulated
Stipulated

Stipulated
Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Withdrawn
Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated
Withdrawn

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Stipulated

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 11 of 26

1
2

P-45.
P-46.

3

Medical & Billing Records:
Valley Medical Center &
Urology
Medical & Billing Records:
Vantage Radiology

VIII.

4

7

No.
D-1.

9

11
12
13
14
15

D-2.

D-3.
D-4.
D-5.
D-6.

16
17
18

D-7.
D-8.

19
20
21

D-9.
D-10.

22
23
24

Stipulated

DEFENDANT’S EXHIBITS

identified by Plaintiff:

8

10

Stipulated

The United States may offer the following exhibits at trial, in addition to any exhibits

5
6

Withdrawn

D-11.

Description

CTs of Cervical Spine and
Chest, Abdomen and Pelvis,
Dated 11/17/2006
(USAO_Lo 949, 951 +
2612)
Renton Fire and Emergency
Services Incident Report
Form, Dated 11/23/12
(USAO_Lo_PLTF 765)
Tri-Med Ambulance
Records, Dated 11/23/12
(USAO_Lo_PLTF 766-769)
Valley Medical Center ER
Records, Dated 11/23/12
(USAO_Lo_PLTF 731-735)
XR of Right Ankle, Dated
11/23/12 (USAO_Lo 942)
XR of Cervical Spine, Dated
11/23/12 (USAO_Lo 943 +
2612)
CT of Chest, Abdomen and
Pelvis, Dated 11/23/12
(USAO_Lo 945-946 + 2612)
Valley Orthopedic
Associates Record, Dated
1/17/13 (USAO_Lo 20562058)
XR of Lumbar Spine, Dated
1/17/13 (USAO_Lo 2618)
MRI of Lumbar Spine,
Dated 1/29/13
(USAO_Lo 2074-2075 +
2618)
Valley Orthopedic
Associates Record, Dated
3/1/13 (USAO_Lo 20542055)

PRETRIAL ORDER - 11

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 12 of 26

1
2
3
4
5
6

No.
D-12.

D-13.
D-14.
D-15.

7
8
9
10
11
12

D-16.
D-17.
D-18.
D-19.

13
14
15
16
17

D-20.
D-21.
D-22.
D-23.

18
19

D-24.

20

D-25.

21
22
23
24

D-26.
D-27.

Description

Neighborcare Health Record,
Dated 7/8/14
(USAO_Lo_PLTF 11291132)
Outpatient Physical Therapy
Discharge, Dated 5/29/13
(USAO_Lo_PLTF 1158)
Columbia City Chiropractic
Record, Dated 8/15/14
(USAO_Lo 39-41)
Valley Cities Behavioral
Health Record, Dated
11/12/14 (USAO_Lo 27642780)
MRI of Lumbar Spine,
Dated 11/25/14
(USAO_Lo 725-726)
MRI of Cervical Spine,
Dated 11/25/14
(USAO_Lo 2615 + 734-736)
Steven Hall, MD Records,
Dated 12/1/14 to 4/8/15
(USAO_Lo 702 + 715-724)
Bellevue Bone & Joint
Record, Dated 12/8/14
(USAO_Lo 12-13)
Overlake L3-L4 ESI, Dated
12/11/14 (USAO_Lo 2614)
Bellevue Bone & Joint
Record, Dated 12/24/14
(USAO_Lo 10-11)
Outpatient Physical Therapy
Discharge, Dated 1/2/15
(USAO_Lo 728)
Bellevue Bone & Joint
Record, Dated 1/28/15
(USAO_Lo 8-9)
MRI of Cervical Spine,
Dated 1/29/15
(USAO_Lo 2614)
MRI of Lumbar & Thoracic
Spine, Dated 1/30/15
(USAO_Lo 2614)
Bellevue Bone & Joint
Record, Dated 2/2/15
(USAO_Lo 7)
Bellevue Bone & Joint
Record, Dated 2/2/15
(USAO_Lo 5-6)

PRETRIAL ORDER - 12

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 13 of 26

1
2
3
4

No.
D-28.
D-29.
D-30.

5
6
7

D-31.
D-32.

8
9
10
11

D-33.
D-34.
D-35.

12
13

D-36.

14
15
16
17

D-37.
D-38.
D-39.

18
19

D-40.

20

D-41.

21
22
23
24

D-42.
D-43.

Description

Ginger Allen, MD Record,
Dated 3/9/15
USAO_Lo 757-760)
Ginger Allen, MD Record,
Dated 4/7/15
USAO_Lo 761-763)
Ginger Allen, MD Record,
Dated 5/5/15
(USAO_Lo 765-767)
Ginger Allen, MD Record,
Dated 6/1/15
(USAO_Lo 768-770)
Ginger Allen, MD Record,
Dated 6/2/15
(USAO_Lo 771-773)
Ginger Allen, MD Record,
Dated 6/16/15
(USAO_Lo 777-780)
Ginger Allen, MD Record,
Dated 7/14/15
(USAO_Lo 784-786)
Ginger Allen, MD Record,
Dated 8/10/15
(USAO_Lo 789-792)
Daniel Fosmire, MD
Records, Dated 8/11/15 to
5/19/16 (USAO_Lo 669690)
MRI of Brachial Plexus,
Dated 8/12/15
(USAO_Lo 675 + 2614)
EMG Nerve Conduction
Study, Dated 8/12/15
(USAO_Lo 3490-3496)
Ginger Allen, MD Record,
Dated 9/10/15
(USAO_Lo 794-796)
Ginger Allen, MD Record,
Dated 9/24/15
(USAO_Lo 798-800)
Ginger Allen, MD Record,
Dated 10/15/15
(USAO_Lo 801-803)
Xray of Cervical Spine,
Dated 10/29/15
(USAO_Lo 2616 + 2654)
Xray of Lumbar Spine,
Dated 10/29/15
(USAO_Lo 2656)

PRETRIAL ORDER - 13

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 14 of 26

1
2
3
4

No.
D-44.
D-45.
D-46.

5
6
7

D-47.
D-48.

8
9

D-49.

10
11

D-50.

12
13
14
15
16
17
18

D-51.
D-52.
D-53.
D-54.
D-55.

19
20
21
22
23
24

D-56.
D-57.
D-58.

Description

MultiCare Orthopedic
Record, Dated 10/29/15
(USAO_ Lo 410-429)
Navos Mental Health Intake
Evaluation, Dated 11/6/15
(USAO_Lo 2332-2356)
Navos Mental Health PHQ-9
Assessment, Dated 11/12/15
(USAO_Lo 2357-2358)
Ginger Allen, MD Record,
Dated 11/16/15
(USAO_Lo 804-806)
MRI of Lumbar Spine,
Dated 11/21/15
(USAO_Lo 2616 + 26582659)
MRI of Cervical Spine,
Dated 11/21/15
(USAO_Lo 2616 + 26602661)
Evergreen Surgical Center
Operative Report, Dated
12/3/15
(USAO_Lo_PLTF 973-975)
Navos Mental Health
Counseling, Dated 12/7/15
(USAO_Lo 2118-2120)
Ginger Allen, MD Record,
Dated 12/11/15
(USAO_Lo 807-809)
MultiCare Orthopedic
Record, Dated 12/14/15
(USAO_Lo 220-230)
MultiCare Orthopedic
Record, Dated 12/29/15
(USAO_Lo 246-248)
Ginger Allen, MD Record,
Dated 1/11/16
(USAO_Lo 810-812)
Navos Mental Health
Counseling, Dated 1/5/16
(USAO_Lo 2121-2123)
Navos OP Nursing Note,
Dated 1/26/16
(USAO_Lo 2124-2126)
Navos Mental Health
Psychiatric Consult, Dated
1/29/16 (USAO_Lo 21272130)

PRETRIAL ORDER - 14

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 15 of 26

1
2
3
4
5

No.
D-59.

D-60.
D-61.

6
7

D-62.

8
9
10

D-63.

D-64.

11
12

D-65.

13
14

D-66.

15
16
17

D-67.
D-68.

18
19

D-69.

20
21

D-70.

22
23
24

D-71.

Description

Evergreen Surgical Center
Operative Report, Dated
2/9/16
(USAO_Lo_PLTF 993-994)
Ginger Allen, MD Record,
Dated 2/12/16
(USAO_Lo 813-815)
Evergreen Surgical Center
Operative Report, Dated
2/16/16
(USAO_Lo_PLTF 10121013)
Navos Mental Health
Counseling, Dated 2/19/16
(USAO_Lo 2131)
Navos Mental Health
Psychiatric Consult, Dated
2/22/16 (USAO_Lo 21332135)
Navos Mental Health
Counseling, Dated 3/3/16
(USAO_Lo 2136-2138)
Navos Mental Health
Psychiatric Consult, Dated
3/21/16 (USAO_Lo 21392141)
Evergreen Surgical Center
Operative Report, Dated
3/24/16
(USAO_Lo_PLTF 10281029)
Ginger Allen, MD Record,
Dated 3/25/16
(USAO_Lo 818-820)
Navos Mental Health
Psychiatric Consult, Dated
4/4/16 (USAO_ Lo 21422144)
Navos Mental Health
Psychiatric Consult, Dated
5/2/16 (USAO_Lo 21462148)
Navos Mental Health
Psychiatric Consult, Dated
5/16/16 (USAO_Lo 21492151)
Ginger Allen, MD Record,
Dated 5/23/16
(USAO_Lo 822-824)

PRETRIAL ORDER - 15

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 16 of 26

1
2
3

No.
D-72.
D-73.

4
5

D-74.

6
7

D-75.

8
9
10

D-76.

D-77.

11
12
13

D-78.
D-79.

14
15
16
17
18
19

D-80.
D-81.
D-82.
D-83.

20
21
22
23

D-84.
D-85.

Description

Navos Mental Health
Counseling, Dated 6/10/16
(USAO_Lo 2152-2154)
Navos Mental Health
Psychiatric Consult, Dated
6/27/16 (USAO_Lo 21582161)
Navos Mental Health
Psychiatric Consult, Dated
7/25/16 (USAO_Lo 21662169)
MultiCare Orthopedic (Dr.
Chen) Record with Lumbar
MRI, Dated 8/2/16
(USAO_Lo 264-268)
MultiCare Orthopedic (Dr.
Chen) Record, Dated
8/16/16 (USAO_Lo 289307)
Ginger Allen, MD Record,
Dated 8/19/16
(USAO_Lo 825-827)
Navos Mental Health
Counseling, Dated 8/22/16
(USAO_Lo 2171-2173)
Navos Mental Health
Psychiatric Consult, Dated
8/26/16 (USAO_Lo 21742176)
MultiCare Orthopedic PostOp, Dated 9/9/16
(USAO_Lo 323-324)
MultiCare Orthopedic PostOp, Dated 9/13/16
(USAO_Lo 331-342)
Ginger Allen, MD Record,
Dated 9/19/16
(USAO_Lo 829-832)
Navos Mental Health
Psychiatric Consult, Dated
10/7/16 (USAO_Lo 21772179)
Navos Mental Health
Counseling, Dated 10/7/16
(USAO_Lo 2180-2182)
MultiCare Orthopedic PostOp, Dated 10/14/16
(USAO_Lo 352-362)

24
PRETRIAL ORDER - 16

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 17 of 26

1
2
3

No.
D-86.
D-87.

4
5

D-88.

6
7

D-89.

8
9
10
11

D-90.
D-91.
D-92.

12
13

D-93.

14
15
16

D-94.
D-95.

17
18

D-96.

19
20
21

D-97.
D-98.

22
23
24

D-99.

Description

Ginger Allen, MD Record,
Dated 11/4/16
(USAO_Lo 833-835)
Navos Mental Health
Psychiatric Consult, Dated
11/7/16 (USAO_Lo 21852187)
Navos Mental Health
Psychiatric Consult, Dated
12/5/16 (USAO_Lo 21892191)
MultiCare Orthopedic
Record with Cervical MRI,
Dated 12/13/16
(USAO_Lo 387-400)
Ginger Allen, MD Record,
Dated 1/31/17
(USAO_Lo 839-842)
Navos Mental Health
Counseling, Dated 2/21/17
(USAO_Lo 2200-2201)
Navos Mental Health
Counseling, Dated 3/22/17
(USAO_Lo 2203-2204)
Navos Mental Health
Psychiatric Consult, Dated
3/22/17 (USAO_Lo 22052207)
Navos Mental Health
Counseling, Dated 4/20/17
(USAO_Lo 2209)
Navos Mental Health
Psychiatric Consult, Dated
4/24/17 (USAO_Lo 22102212)
Navos Mental Health
Psychiatric Consult, Dated
6/5/17 (USAO_Lo 22142216)
Ginger Allen, MD Record,
Dated 7/10/17
(USAO_Lo 844-847)
Navos Mental Health
Psychiatric Consult, Dated
8/14/17 (USAO_Lo 22222224)
Navos Mental Health
Counseling, Dated 9/12/17
(USAO_Lo 2225-2226)

PRETRIAL ORDER - 17

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 18 of 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

No.

Description

D-100. Ginger Allen, MD Record,
Dated 9/12/17
(USAO_Lo 849-851)
D-101. Navos Mental Health
Counseling, Dated 11/13/17
(USAO_Lo 2392-2394)
D-102. Navos Mental Health
Counseling, Dated 2/15/18
(USAO_Lo 2235)
D-103. Navos Mental Health
Counseling, Dated 3/13/18
(USAO_Lo 2237-2239)
D-104. Navos Mental Health
Psychiatric Consult, Dated
3/14/18 (USAO_Lo 22402242)
D-105. Ginger Allen, MD Record,
Dated 4/7/18
(USAO_Lo 853-858)
D-106. Navos Mental Health
Psychiatric Consult, Dated
4/18/18 (USAO_Lo 22442246)
D-107. Navos Mental Health
Counseling, Dated 5/1/18
(USAO_Lo 2247-2248)
D-108. Navos Mental Health
Psychiatric Consult, Dated
5/14/18 (USAO_Lo 22492251)
D-109. Ginger Allen, MD Record,
Dated 5/29/18
(USAO_Lo 863-865)
D-110. Navos Mental Health
Counseling, Dated 6/5/18
(USAO_Lo 2252-2253)
D-111. Navos Mental Health
Counseling, Dated 6/26/18
(USAO_Lo 2255-2556)
D-112. Navos Mental Health
Psychiatric Consult, Dated
7/2/18 (USAO_Lo 22572259)
D-113. Navos Mental Health
Psychiatric Consult, Dated
8/6/18 (USAO_Lo 22632265)

24
PRETRIAL ORDER - 18

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 19 of 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

No.

Description

D-114. Ginger Allen, MD Record,
Dated 8/7/18
(USAO_Lo 867-870)
D-115. MultiCare (Dr. Hou) ESI,
Dated 9/12/18
(USAO_Lo 1461)
D-116. Navos Mental Health
Psychiatric Consult, Dated
9/17/18 (USAO_Lo 22672269)
D-117. Navos Mental Health
Counseling, Dated 10/29/18
(USAO_Lo 2271)
D-118. Navos Mental Health
Psychiatric Consult, Dated
10/29/18 (USAO_Lo 22722274)
D-119. Navos Mental Health
Counseling, Dated 11/5/18
(USAO_Lo 2275-2276)
D-120. Navos Mental Health
Counseling, Dated 11/15/18
(USAO_Lo 2277-2278)
D-121. Navos Mental Health
Psychiatric Consult, Dated
11/28/18 (USAO_Lo 22812283)
D-122. Ginger Allen, MD Record,
Dated 12/7/18
(USAO_Lo 1101-1105)
D-123. XR of Right Hand, Dated
12/7/18 (USAO_Lo 2617)
D-124. Navos Mental Health
Psychiatric Consult, Dated
1/7/19 (USAO_Lo 22852287)
D-125. Ginger Allen, MD Record,
Dated 3/15/19
(USAO_Lo 1116-1120)
D-126. Navos Mental Health
Psychiatric Consult, Dated
3/20/19 (USAO_Lo 22922294)
D-127. Navos Mental Health
Psychiatric Consult, Dated
4/17/19 (USAO_Lo 22892291)

24
PRETRIAL ORDER - 19

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 20 of 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

No.

Description

D-128. Ginger Allen, MD Record,
Dated 5/6/19
(USAO_Lo_1133-1138)
D-129. Navos Mental Health
Psychiatric Consult, Dated
5/29/19 (USAO_Lo 22992301)
D-130. MultiCare (Dr. Hou) Medial
Branch Block, Dated 7/1/19
(USAO_Lo 1583-1584)
D-131. Navos Mental Health
Psychiatric Consult, Dated
7/22/19 (USAO_Lo 23022304)
D-132. Proliance Orthopedics Hip
Consult with Xray of Hip,
Dated 8/16/19
(USAO_Lo 2050-2053)
D-133. Navos Mental Health
Counseling, Dated 9/9/19
(USAO_Lo 2307-2308)
D-134. MultiCare (Dr. Hou) Medial
Branch Block, Dated 9/13/19
(USAO_Lo 1690)
D-135. Navos Mental Health
Psychiatric Consult, Dated
9/25/19 (USAO_Lo 23092311)
D-136. Navos Mental Health
Psychiatric Consult, Dated
11/6/19 (USAO_Lo 2312)
D-137. Proliance Orthopedic
Consult, Dated 11/15/19
(USAO_Lo 2047-2049)
D-138. Navos Mental Health
Psychiatric Consult, Dated
11/25/19 (USAO_Lo 23132314)
D-139. Proliance Orthopedic
Consult, Dated 11/27/19
(USAO_Lo 2045-2046)
D-140. Proliance Orthopedic
Consult, Dated 12/9/19
(USAO_Lo 2043-2044)
D-141. Proliance Orthopedic Status
Report, Dated 12/17/19
(USAO_Lo 2076-2078)

24
PRETRIAL ORDER - 20

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 21 of 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

No.

Description

D-142. MultiCare (Dr. Hou),
Progress Note, Dated 1/4/20
(USAO_Lo 1827)
D-143. Navos Mental Health
Counseling, Dated 1/17/20
(USAO_Lo 2319-2320)
D-144. Navos Mental Health
Psychiatric Consult, Dated
1/24/20 (USAO_Lo 23212323)
D-145. Proliance Orthopedic
Consult, Dated 2/10/20
(USAO_Lo 2041-2042)
D-146. MultiCare (Dr. Hou) Medial
Branch Block, Dated 3/2/20
(USAO_Lo 1899)
D-147. Proliance Orthopedic
Consult, Dated 3/8/20
(USAO_Lo 1964)
D-148. MultiCare (Dr. Hou)
Progress Report, Dated
3/8/20 (USAO_Lo 2920)
D-149. Navos Mental Health
Psychiatric Consult, Dated
3/27/20 (USAO_Lo 23242325)
D-150. MultiCare (Dr. Hou)
Cervical Ablation, Dated
6/26/20 (USAO_Lo 29912992)
D-151. Proliance Orthopedic
Consult, Dated 6/29/20
(USAO_Lo 2739-2741)
D-152. Navos Mental Health
Counseling, Dated 7/7/20
(USAO_Lo 3579-3580)
D-153. Proliance Orthopedic
Operative Report, Dated
7/2/20 (USAO_Lo 27442745)
D-154. Proliance Orthopedic
Consult, Dated 7/14/20
(USAO_Lo 2738)
D-155. Proliance Orthopedic
Consult, Dated 8/11/20
(USAO_Lo 2737)

24
PRETRIAL ORDER - 21

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 22 of 26

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

No.

Description

D-156. Navos Mental Health
Psychiatric Consult, Dated
8/12/20 (USAO_Lo 35823585)
D-157. Navos Mental Health
Counseling, Dated 9/1/20
(USAO_Lo 3587-3588)
D-158. Proliance Orthopedic
Consult, Dated 9/22/20
(USAO_Lo 2736)
D-159. Navos Mental Health
Psychiatric Consult, Dated
11/17/20 (USAO_Lo 36223624)
D-160. Navos Mental Health
Counseling, Dated 11/17/20
(USAO_Lo 3625-3627)
D-161. Navos Mental Health
Psychiatric Consult, Dated
1/19/21 (USAO_Lo 36303633)
D-162. Navos Mental Health
Counseling, Dated 1/21/21
(USAO_Lo 3634-3636)
D-163. Navos Mental Health
Counseling, Dated 3/19/21
(USAO_Lo 3637-3639)
D-164. Navos Mental Health
Psychiatric Consult, Dated
3/23/21 (USAO_Lo 36423646)
D-165. KT Building Supply Payroll
Records (USAO_Lo 27272732)
D-166. Western Homes Realty
Records (USAO_Lo 30953143)
D-167. Tax Returns 2006-2019
(USAO_Lo 3152-3224)
D-168. Employment Security
Department Records
(USAO_Lo 3478-3487)
D-169. Traffic Collision Report,
Dated 3/23/17 (USAO_Lo
4509-4513)

23
24
PRETRIAL ORDER - 22

Authenticity Admissibility Objection
Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

Stipulated

Stipulated

N/A

No objection

Objection

FRE 401,
403; 801805

Admitted

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 23 of 26

1
2
3
4
5
6
7
8
9
10
11

No.

Description

D-170. Farmers Insurance Payment
Logs (USAO_Lo 4655 +
4186-4187)

Authenticity Admissibility Objection
No objection

Objection

D-171. Kaitlin Lindquist Massage
Therapy Records, Dated
6/5/17 to 2/8/18
(USAO_Lo 4379-4381;
4428-4429; 4383-4385;
4423-4427; 4440-4443;
4459-4463; 4470-4473;
4475-4479)
D-172. Farmers Insurance
Correspondence, Dated
1/22/20 (USAO_Lo 46794680)

No objection

No objection

No objection

Objection

D-173. Farmers Insurance Payment
Log (USAO_Lo 4791)

No objection

Objection

D-174. Farmers Insurance Claim
History (USAO_Lo 45474562)

No objection

Objection

D-175. Revised Present Cash Value
Computations by Lorraine
Barrick

No objection

No objection

12
13
14
15
16
17
18

Admitted

FRE 401,
403; 801805;
collateral
source
rule
N/A

FRE 401,
403; 801805;
collateral
source
rule
FRE 401,
403; 801805;
collateral
source
rule
FRE 401,
403; 801805;
collateral
source
rule

The parties reserve the right to introduce:

19

-

Any documents exchanged during discovery;

20

-

Any demonstrative and illustrative exhibit;

21

-

Any exhibit for impeachment purposes; and/or

22

-

To designate any rebuttal exhibits.

23
24

The parties reserve the right to make changes to this pretrial statement before the final
agreed pretrial order is entered.
PRETRIAL ORDER - 23

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 24 of 26

IX.

1

DEPOSITION TRANSCRIPTS

2

The parties may offer portions of the deposition transcripts of the parties and/or the

3

parties’ retained experts for impeachment purposes per Fed. R. Civ. P. 32(a)(2). Furthermore,

4

the parties may use the deposition of its listed witnesses to refresh their recollection.
X.

5

TRIAL LOGISTICS AND LENGTH

6

The parties attended a pretrial conference via Zoom on May 5, 2022 at 9:30 AM. The

7

parties requested the length of trial remain five days, with a possible sixth day (May 16, 2022)

8

reserved for closing arguments.

9

Plaintiff agreed to a modified in-person/by Zoom trial. However, because of the prior

10

stipulation with regard to an all Zoom trial, Plaintiff requested leave of court for his witnesses

11

identified above to be allowed to testify via Zoom. Further, Plaintiff counsel Ms. Wang has a

12

pregnancy-related hardship. Plaintiff counsel Ms. Wang is expecting a child with a due date in

13

late July. Ms. Wang has been experiencing pregnancy-related complications since mid-March

14

2022. Ms. Wang anticipates that she would be experiencing physical hardship if having to appear

15

in person during her third and last trimester, given her pregnancy-related complications. Plaintiff

16

accordingly has asked leave of Court for Ms. Wang to appear remotely as well. Plaintiff’s other

17

counsel, Anthony Marsh, will appear in-person.

18

Defendant is agreeable to the accommodations requested by Plaintiff. Counsel for

19

Defendant will appear in-person as will all witnesses called by the Defendant (as noted

20

specifically above).
XI.

21

ACTION BY THE COURT

22

(a) This case is scheduled for trial without a jury on May 9, 2022 at 1 P. The Court

23

believes that four days, or twenty trial hours, is sufficient in this case. Accordingly,

24
PRETRIAL ORDER - 24

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 25 of 26

1

each side SHALL be allotted 10 hours of trial time. The Court may allocate additional

2

time at its discretion upon good cause shown.

3

(b) Trial briefs shall be submitted to the Court on or before April 29, 2022.

4

(c) Plaintiff’s request for certain witnesses identified above to be allowed to testify via

5

Zoom and for Plaintiff’s counsel Ms. Wang to appear via Zoom is GRANTED.

6

(d) This Order has been approved by the parties as evidenced by the signatures of their

7

counsel and their agreement during the May 5, 2022 pretrial conference. This Order

8

shall control the subsequent course of the action unless modified by subsequent order.

9

This Order shall not be amended except by order of the Court pursuant to agreement

10

of the parties or to prevent manifest injustice.

11

IT IS SO ORDERED.

12

DATED this 5th day of May 2022.

13
14

A

15

Tana Lin
United States District Judge

16
17
18
19
20
21
22
23
24
PRETRIAL ORDER - 25

Case 2:17-cv-01202-TL Document 141 Filed 05/05/22 Page 26 of 26

1

APPROVED AS TO FORM.

2

HERMANN LAW GROUP

NICHOLAS W. BROWN
United States Attorney

/s/ Anthony Marsh
ANTHONY MARSH, WSBA No. 45194

s/ Erin K. Hoar
ERIN K. HOAR, CA No. 311332

/s/ Cissy Wang
CISSY WANG, WSBA No. 51235
505 Fifth Ave S, Ste. 330
Seattle, WA 98104
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

s/ Nickolas Bohl
NICKOLAS BOHL, WSBA No. 48978
Assistant United States Attorneys
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

3
4
5
6
7
8
9
10

Attorneys for Plaintiff Ka Wai Jimmy Lo

11
12
13
14
15
16
17
18
19
20
21
22
23
24
PRETRIAL ORDER - 26

Attorneys for Defendant United States of
America