Opinion
2:18-cv-02291-CDS-VCF
11-04-2022
TRINA PARKER, as an individual; Plaintiff, v. DIGNITY HEALTH d/b/a ST. ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS, as a Corporation; SCOTT R. FERGUSON, M.D., as an individual, Defendants.
BRANDON L. PHILLIPS, ATTORNEY AT LAW, PLLC BRANDON L. PHILLIPS, ESQ. Nevada Bar No.: 12264 Attorney for Plaintiff LEWIS BRISBOIS BISGAARD & SMITH LLP KEITH A. WEAVER Nevada Bar No. 10271 ALISSA N. BESTICK Nevada Bar No. 14979 Attorneys for Defendant Scott R. Ferguson, M.D.
BRANDON L. PHILLIPS, ATTORNEY AT LAW, PLLC BRANDON L. PHILLIPS, ESQ. Nevada Bar No.: 12264 Attorney for Plaintiff
LEWIS BRISBOIS BISGAARD & SMITH LLP KEITH A. WEAVER Nevada Bar No. 10271 ALISSA N. BESTICK Nevada Bar No. 14979 Attorneys for Defendant Scott R. Ferguson, M.D.
STIPULATION AND ORDER ON MOTIONS IN LIMINE
IT IS HEREBY STIPULATED by the Parties through their undersigned counsel of record that the Court adopt the following Motions in Limine as agreed by the Parties.
FIRST, the Parties stipulate to preclude any witness from testifying who was not identified as a witness in the Third Supplemental Pre-trial Order. Further, the Parties stipulate to the exclusion of any evidence that was not identified in the Third Supplemental Pre-trial Order.
SECOND, the Parties stipulate to exclude evidence/argument regarding the cap on non-economic damages as to Defendant Dr. Ferguson.
THIRD, the Parties stipulate that treating providers cannot offer expert testimony regarding the standard of care, but may offer opinions formed at the time of their care and treatment of Plaintiff. Dr. Ferguson will testify that he met the standard of care and that his care and treatment did not cause Plaintiff's claimed injuries.
FOURTH, the Parties stipulate to the exclusion of evidence/reference to Dr. Ferguson's medical malpractice insurance and Plaintiff's health insurance.
FIFTH, the Parties stipulate that experts may testify at trial via remote/electronic means.
SIXTH, Plaintiff's expert Jonathan Burroughs, M.D. was disclosed as a rebuttal expert to St. Rose Hospital's expert Dr. Hyde. The parties stipulate that neither Dr. Ferguson or Plaintiff will call Dr. Hyde at trial. So long as Dr. Hyde does not testify at trial, Dr. Burroughs will not be called to testify at trial.
SEVENTH, Plaintiff's expert Joel Silberberg, M.D. was disclosed as a rebuttal expert to St. Rose Hospital's expert Dr. Arambula. The parties stipulate that neither Dr. Ferguson or Plaintiff will call Dr. Arambula as a witness at trial. So long as Dr. Arambula does not testify at trial, Dr. Silberberg will not be called to testify at trial.
ORDER
IT IS SO ORDERED.