Opinion
CV-17-01199-PHX-GMS (JZB)
03-25-2022
David Khalaj and Juliet David Youmaran, a married couple, Plaintiffs, v. City of Phoenix, Arizona, a municipal corporation, Defendant.
ORDER
The Court, having reviewed Defendants' Motion to Deem Admitted Requested Admissions Set Forth in Defendant Michael Green's Requests for Admissions to Plaintiffs and Defendant Todd Blanc's Requests for Admissions to Plaintiffs (Doc. __), and good cause appearing, IT IS HEREBY ORDERED that the following facts are deemed admitted by Plaintiffs David Khalaj and Juliet Youmaran and cannot be disputed by them for the remainder of the proceedings in the case:
1. The records disclosed by Defendants as COP-KHALAJ1229-1252 are authentic records of Abrazo Medical Group and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
2. The records disclosed by Defendants as COP-KHALAJ1253-1888 are authentic records of James Lieber, M.D. and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
3. The records disclosed by Defendants as COP-KHALAJ1889-1898 are authentic records of Infinity Internal Medicine/Megan R. Jhaver and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
4. The records disclosed by Defendants as COP-KHALAJ1899-1935 are authentic records of Dr. Ann Lovick, N.D. and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
5. The records disclosed by Defendants as COP-KHALAJ1936-1951 are authentic records of CVS Pharmacy and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
6. The records disclosed by Defendants as COP-KHALAJ1952-2164 are authentic records of Walgreen Company and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
7. The records disclosed by Defendants as COP-KHALAJ2836-2893 are authentic records of Valleywise Health (formerly known as Maricopa Integrated Health System) and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
8. The records disclosed by Defendants as COP-KHALAJ2894-3216 are authentic records of Barrow Neurological Institute/Dignity Health/St. Joseph's Hospital and Medical Center and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
9. The records disclosed by Defendants as COP-KHALAJ3217-3495 are authentic records of Barrow Concussion and Brain Injury Center and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
10. The records disclosed by Defendants as COP-KHALAJ4366-4386 are authentic records of Maricopa County Correctional Health Services and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
11. The records disclosed by Defendants as COP-KHALAJ4387-4593 are authentic records of John R. Siever, M.D. of Arizona Pulmonary Associates and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
12. The records disclosed by Defendants as COP-KHALAJ4594-4692 are authentic records of Swarnjit Singh, M.D. of East Valley Gastroenterology and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
13. The records disclosed by Defendants as COP-KHALAJ4693-4700 are authentic records of Dana Seltzer, M.D., of AZ Sports Clinic and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
14. The records disclosed by Defendants as COP-KHALAJ4701-4849 are authentic records of Chandler Regional Medical Center and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
15. The records disclosed by Defendants as COP-KHALAJ5286-5360 are authentic records of HonorHealth/John C. Lincoln Medical Center and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
16. The records disclosed by Defendants as COP-KHALAJ5361-5373 are authentic records of Pratik M. Patel, M.D. of Arizona State Urological Institute and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
17. The records disclosed by Defendants as COP-KHALAJ5845-5858 are authentic records of Physiotherapy Associates and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
18. The records disclosed by Defendants as COP-KHALAJ5868-5871 are authentic records of Chandler Neurology and Sleep Disorders and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
19. The records disclosed by Defendants as COP-KHALAJ5872-5972 are authentic records of Megan Jhaver, M.D. and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
20. The records disclosed by Defendants as COP-KHALAJ5973-5987 are authentic records of Neil Klein, M.D. of Biltmore Cardiology and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
21. The records disclosed by Defendants as COP-KHALAJ5280-5285 are authentic records of the City of Phoenix Emergency Transportation Services and meet all the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
22. The transcript of the audio recording made by Gabriella Khalaj using her cell phone on January 1, 2016, attached to Defendant Todd Blanc's Requests for Admissions and Interrogatories to Plaintiffs as Exhibit A, which is attached to Defendants' Motion to Deem Admitted Requested Admissions Set Forth in Defendant Michael Green's Requests for Admissions to Plaintiffs and Defendant Todd Blanc's Requests for Admissions to Plaintiffs (Doc. __) as Exhibit 2, accurately sets forth what was stated on the recording with the following exception:
.Page 31, line 8, incorrectly states Kamran Khalaj's birthdate is “10-28-2005” when in fact he said “June 28, 2005.”
23. The transcript of the audio recording made by Gabriella Khalaj using her cell phone on January 1, 2016, attached to Defendant Todd Blanc's Requests for Admissions and Interrogatories to Plaintiffs as Exhibit A, which is attached to Defendants' Motion to Deem Admitted Requested Admissions Set Forth in Defendant Michael Green's Requests for Admissions to Plaintiffs and Defendant Todd Blanc's Requests for Admissions to Plaintiffs (Doc. __) as Exhibit 2, lists the correct speaker of each statement with the following exception:
.Page 6, lines 1 and 2, which incorrectly lists Gabriella Khalaj as the speaker.
24. The records disclosed by Defendants as COP-KHALAJ0313-0421 are authentic records of Chandler Regional Medical Center and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
25. The records disclosed by Defendants as COP-KHALAJ0422-0648 are authentic records of Dignity Health and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
26. The records disclosed by Defendants as COP-KHALAJ0649-0654 are authentic records of the City of Phoenix Emergency Transportation Services and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
27. The records disclosed by Defendants as COP-KHALAJ0655-1094 are authentic records of Mercy Gilbert Medical Center and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
28. The records disclosed by Defendants as COP-KHALAJ1095-1097 are authentic records of CVS Pharmacy and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
29. The records disclosed by Defendants as COP-KHALAJ1098-1166 are authentic records of the Walgreen Company and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
30. The records disclosed by Defendants as COP-KHALAJ1167-1211 are authentic records of Dr. Ann Lovick, N.D. and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
31. The records disclosed by Defendants as COP-KHALAJ1212-1228 are authentic records of Platinum Medical Group of Arizona and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
32. The records disclosed by Defendants as COP-KHALAJ2165-2643 are authentic records of James Lieber, M.D., and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
33. The records disclosed by Defendants as COP-KHALAJ3496-3552 are authentic records of Valleywise Health (formerly Maricopa Integrated Health System) and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
34. The records disclosed by Defendants as COP-KHALAJ3553-3811 are authentic records of Dignity Health/St. Josephs Hospital and Medical Center/Barrow Neurological Institute and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
35. The records disclosed by Defendants as COP-KHALAJ4850-4875 are authentic records of Maricopa County Correctional Health Services and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
36. The records disclosed by Defendants as COP-KHALAJ4876-4985 are authentic records of Megan Jhaver, M.D., and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
37. The records disclosed by Defendants as COP-KHALAJ4986-5279 are authentic records of A. Michelle Morgan, M.D./St. Josephs Behavioral Health and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
38. The records disclosed by Defendants as COP-KHALAJ5859-5863 are authentic records of Jane Caplan, M.D., and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
39. The records disclosed by Defendants as COP-KHALAJ5864-5865 are authentic records of Kelli York, MA LAC, and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.
40. The records disclosed by Defendants as COP-KHALAJ5867 are authentic records of Barbara Saint John and meet all of the admissibility requirements of Rule 803(6), Federal Rules of Evidence.