Page 1 of 85 3RD DISTRICT COURT - SALT LAKE SALT LAKE COUNTY, STATE OF UTAH DAVID SCOTT vs. UNIVERSITY OF UTAH HOSPITAL AN CURRENT ASSIGNED JUDGE SU CHON PARTIES Plaintiff - DAVID SCOTT Represented by: CHARLES H THRONSON Represented by: PAUL M SIMMONS Represented by: RICHARD E MRAZIK Represented by: JESSICA A ANDREW Represented by: MICHAEL A WOREL Plaintiff - DEBRA SCOTT Represented by: CHARLES H THRONSON Represented by: PAUL M SIMMONS Represented by: RICHARD E MRAZIK Represented by: JESSICA A ANDREW Represented by: MICHAEL A WOREL Defendant - HUNTSMAN CANCER INSTITUTE - DISMISSED Represented by: TERENCE L ROONEY Represented by: BRADLEY R BLACKHAM Represented by: CHRISTOPHER W DROUBAY Defendant - UNIVERSITY OF UTAH HOSPITAL AN Represented by: DAVID G WILLIAMS Represented by: MICHAEL D ZIMMERMAN Represented by: TERENCE L ROONEY Represented by: BRADLEY R BLACKHAM Represented by: TROY L BOOHER Represented by: CHRISTOPHER W DROUBAY Defendant - UNIVERSITY OF UTAH Represented by: DAVID G WILLIAMS Represented by: MICHAEL D ZIMMERMAN Represented by: TERENCE L ROONEY Represented by: BRADLEY R BLACKHAM Represented by: TROY L BOOHER Represented by: CHRISTOPHER W DROUBAY Printed: 07/26/15 09:53:58 Page 1
Page 2 of 85 Defendant - THE STATE OF UTAH Represented by: DAVID G WILLIAMS Represented by: MICHAEL D ZIMMERMAN Represented by: TERENCE L ROONEY Represented by: BRADLEY R BLACKHAM Represented by: TROY L BOOHER Represented by: CHRISTOPHER W DROUBAY ACCOUNT SUMMARY TOTAL REVENUE Amount Due: 730.64 Amount Paid: 730.64 Credit: 0.00 Balance: 0.00 BAIL/CASH BONDS Posted: 300.00 Forfeited: 0.00 Refunded: 0.00 Balance: 300.00 REVENUE DETAIL - TYPE: COMPLAINT - NO AMT S Amount Due: 360.00 Amount Paid: 360.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: JURY DEMAND - CIVIL Amount Due: 250.00 Amount Paid: 250.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: AUDIO TAPE COPY Amount Due: 100.00 Amount Paid: 100.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: POSTAGE-COPIES Amount Due: 10.64 Amount Paid: 10.64 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: AUDIO TAPE COPY Amount Due: 10.00 Printed: 07/26/15 09:53:58 Page 2
Page 3 of 85 Amount Paid: 10.00 Amount Credit: 0.00 Balance: 0.00 BAIL/CASH BOND DETAIL - TYPE: CASH BOND: Civil, Misc. Posted By: PARSONS BEHLE & LATIMER Posted: 300.00 Forfeited: 0.00 Refunded: 0.00 Balance: 300.00 CASE NOTE PROCEEDINGS 09-21-11 Filed: Complaint 09-21-11 Judge PAUL G MAUGHAN assigned. 09-21-11 Filed: COMPLAINT 09-21-11 Filed: Demand Civil Jury 09-21-11 Filed: Complaint (Jury Trial Requested) No Amount 09-21-11 Fee Account created Total Due: 360.00 09-21-11 Fee Account created Total Due: 250.00 09-21-11 COMPLAINT - NO AMT S Payment Received: 360.00 Note: Code Description: COMPLAINT - NO AMT S, JURY DEMAND - CIVIL 09-21-11 JURY DEMAND - CIVIL Payment Received: 250.00 10-05-11 Filed: Summons 10-05-11 Filed return: Acceptance of Service Party Served: HUNTSMAN CANCER INSTITUTE Service Type: Personal Service Date: September 29, 2011 10-11-11 Filed: Notice of Filing of Cost Bond 10-11-11 Bond Account created Total Due: 300.00 10-11-11 Bond Posted Payment Received: 300.00 10-13-11 Filed: Answer UNIVERSITY OF UTAH HOSPITAL AN UNIVERSITY OF UTAH THE STATE OF UTAH 10-26-11 Filed: Certificate of Service 11-07-11 Filed order: Case Management Order and Stipulated Discovery Printed: 07/26/15 09:53:58 Page 3
Page 4 of 85 Plan Judge PAUL G MAUGHAN Signed April 07, 2011 11-10-11 Filed: Certificate of Service 11-15-11 Filed: Certificate of Service 01-13-12 Filed: Certificate of Service 01-27-12 Filed: Notice of Taking the Depositions of David Scott and Debra Scott 02-16-12 Filed: Stipulation for Dismissal 02-17-12 Filed order: Order of Dismissal Judge PAUL G MAUGHAN Signed February 16, 2012 02-17-12 Dismissed party - HUNTSMAN CANCER INSTIT 03-22-12 Filed: First Amended Notice of Taking the Depositions of David Scott and Debra Scott 04-05-12 Filed: Certificate of Service 04-05-12 Filed: Certificate of Service 09-20-12 ORDER TO SHOW CAUSE scheduled on November 05, 2012 at 08:30 AM in FOURTH FLOOR-N42 with Judge MAUGHAN. 09-20-12 Notice - NOTICE for Case 110917738 ID 14765918 ORDER TO SHOW CAUSE is scheduled. Date: 11/05/2012 Time: 08:30 a.m. Location: Fourth Floor - N42 THIRD DISTRICT COURT 450 SOUTH STATE SLC, UT 84114-1860 Before Judge: PAUL G MAUGHAN On its own motion, the Court orders the parties to appear on said date and time and show cause why this case should not be dismissed for failure to prosecute. By failing to appear, the Court will enter an order of dismissal without further notice. 10-12-12 Filed: Plaintiff's Memorandum of Points and Authorities In Support of Their Motion for Scheduling Conference to Set Final Pre-Trial and Trial Dates 10-12-12 Filed: Plaintiff's Motion for Pretrial and Trial Setting Filed by: SCOTT, DAVID 10-26-12 Filed: Defendants' Memorandum in Response to Plaintiffs' Motion Printed: 07/26/15 09:53:58 Page 4
Page 5 of 85 for Pretrial and Trial Setting 10-29-12 ORDER TO SHOW CAUSE Cancelled. Reason: Pleadings Filed 10-29-12 SCHEDULING CONFERENCE scheduled on November 29, 2012 at 09:00 AM in FOURTH FLOOR-N42 with Judge MAUGHAN. 10-29-12 Notice - NOTICE for Case 110917738 ID 14844031 SCHEDULING CONFERENCE is scheduled. Date: 11/29/2012 Time: 09:00 a.m. Location: Fourth Floor - N42 THIRD DISTRICT COURT 450 SOUTH STATE SLC, UT 84114-1860 Before Judge: PAUL G MAUGHAN Failure to appear may result in pleadings being stricken and a default judgment being entered or the case being dismissed. The hearing will only be continued upon stipulation of counsel. 11-16-12 Filed: Notice of Taking the Deposition of Stephen M. Bloomfield, M.D. 11-16-12 Filed: Notice of Taking the Deposition of Micheal B. Horowitz M.D. 11-29-12 Minute Entry - Minutes for Scheduling Conf Judge: PAUL G MAUGHAN Clerk: nikip PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON Defendant's Attorney(s): TERENCE L ROONEY Audio Tape Number: Court Rm N42 Tape Count: 9:03 9:12 HEARING Court is now in session for Scheduling Conference. Attorney's are present and scheduling issues are discussed on the record. Court takes the matter of witnesses under advisement. Court will not be scheduling a trial date until a certificate of Printed: 07/26/15 09:53:58 Page 5
Page 6 of 85 readiness for trial is filed. 12-07-12 Minute Entry - MINUTE ENTRY Judge: PAUL G MAUGHAN This matter is referred to the presiding judge for reassignment. At a pretrial conference the parties disclosed that the son of the assigned judge will be called as witness in the trial. The plaintiff has now requested the Court to recuse itself from this matter. Although the request does not meet the form of a formal URCP 63(b) motion, the Court nevertheless recuses itself in the interests of justice and to avoid an appearance of bias and impropriety. Date: Judge PAUL G MAUGHAN 12-07-12 Filed: Notice of Minute Entry 12-07-12 Filed: Faxed Letter to Judge Maughan requesting Judge Maughan recuse himself from this case. 12-12-12 Minute Entry - MINUTE ENTRY Judge: ROYAL I HANSEN Based upon the recusal of Judge Maughan, the case is reassigned to the Honorable Vernice Trease, District Court Judge. Date: Judge ROYAL I HANSEN CERTIFICATE OF NOTIFICATION I certify that a copy of the attached document was sent to the following people for case 110917738 by the method and on the date specified. MAIL: CHARLES H THRONSON 201 S MAIN ST STE 1800 POB 45898 SALT LAKE CITY, UT 84145-0898 MAIL: DAVID G WILLIAMS 10 EXCHANGE PLACE 11TH FLR POB 45000 SALT Printed: 07/26/15 09:53:59 Page 6
Page 7 of 85 LAKE CITY UT 84145 12/12/2012 /s/ LYNETT MCKINNEY Date: Deputy Court Clerk 12-28-12 Filed: Defendants' Expert Witness Designation 12-31-12 Filed: Amended Notice of Taking the Deposition of Stephen M. Bloomfield, M.D. 12-31-12 Judge VERNICE TREASE assigned. 01-31-13 Filed: Amended Notice of Taking The Deposition of Michael B. Horowitz, M.D. 02-01-13 Filed: Notice of Taking the Deposition of Peter H. Maughan, MD 02-15-13 Filed: CERTIFICATE OF MAILING/SERVICE CERTIFICATE OF SERVICE OF PLAINTIFFS' SECOND RPD 03-14-13 Filed: Certificate of Service 04-09-13 Filed: Other Notice of Taking the Deposition of Helen Woodard 04-11-13 Filed: Appearance of Counsel Entry of Appearance of Counsel 04-11-13 Filed: Return of Electronic Notification 04-25-13 Filed: Other Notice of Taking Deposition of Dr. Peter Schloesser 04-25-13 Filed: Return of Electronic Notification 05-01-13 Filed: Other Notice of Taking the Deposition of Dr. Roland Lee 05-01-13 Filed: Return of Electronic Notification 05-09-13 Filed: Other Defendants' Statement of Discovery Issues 05-09-13 Filed: Other Proposed :Order (Proposed) Protective Order Regarding Employee Files 05-09-13 Filed: Return of Electronic Notification 05-09-13 Filed: Return of Electronic Notification 05-15-13 Filed: Other Statement in Opposition to Defendants' Statement of Discovery Issues 05-15-13 Filed: Other Proposed :Order (Proposed) 05-15-13 Filed: Return of Electronic Notification 05-21-13 Filed: Other Citation of Additional Authority 05-21-13 Filed: Other Exhibit to Citation of Additional Authority 05-21-13 Filed: Return of Electronic Notification 05-21-13 Filed: Other Notice of Taking the Deposition of Christopher Mendoza, M.D. 05-21-13 Filed: Other Notice of Taking the Deposition of Lisa Kuwahara, Printed: 07/26/15 09:53:59 Page 7
Page 8 of 85 M.D. 05-21-13 Filed: Return of Electronic Notification 05-21-13 Filed: Return of Electronic Notification 05-22-13 Filed: Other Response and Objection to Plaintiffs' Citation of Additional Authority in Support of Plaintiffs' Statement in Opposition to Defendants' Statement of Discovery Issues 05-22-13 Filed: Return of Electronic Notification 05-29-13 Filed: Reply to Defendant's Response and Objection 05-29-13 Filed: Return of Electronic Notification 05-30-13 TELEPHONE CONFERENCE scheduled on July 08, 2013 at 09:00 AM in FOURTH FLOOR-W45 with Judge TREASE. 05-30-13 Notice - NOTICE for Case 110917738 ID 15257554 TELEPHONE CONFERENCE is scheduled. Date: 07/08/2013 Time: 09:00 a.m. Location: Fourth Floor - W45 Third District Court 450 South State SLC, UT 84114-1860 Before Judge: VERNICE TREASE 06-04-13 Filed: Appearance of Counsel Jessica A. Andrew 06-04-13 Filed: Return of Electronic Notification 06-05-13 Filed: Other Notice of Deposition of Kimberly Kirkham 06-05-13 Filed: Return of Electronic Notification 06-25-13 Filed: Other Notice of Deposition of Craig Davis, MD 06-25-13 Filed: Return of Electronic Notification 07-08-13 Minute Entry - Minutes for TELEPHONE CONFERENCE Judge: VERNICE TREASE Clerk: sherylc TELEPHONE CONFERENCE PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON Defendant's Attorney(s): TERENCE L ROONEY Audio Tape Number: w45 Tape Count: 9:04-9:24 HEARING Printed: 07/26/15 09:53:59 Page 8
Page 9 of 85 TAPE: w45 TIME: 9:04 AM COUNT: 9:24 Counsel appear by telephone on record. Case status is given and discovery issues of additional request for records is discussed. The court orders that any related motions regarding the statement of discovery, Rule 7 guidelines will be applied. The court orders the plaintiff file supplementals within 48 hours and the defendant protective order to be filed under Rule 7. Counsel is to file notice to submit for oral argument setting. Counsel request 7 day trial setting and discussion ensues. The court declines to set matter for trial at this time. The court states that this minute entry will be the order of the court. 07-08-13 Filed order: Minute Entry - Telephone Conference Judge VERNICE TREASE Signed July 09, 2013 07-09-13 Filed: Certificate of Mailing/Service 07-09-13 Filed: Return of Electronic Notification 07-31-13 Filed: Other Notice of Taking the Deposition of Becky Patrick 07-31-13 Filed: Other Notice of Taking the Deposition of Jeff Scott 07-31-13 Filed: Return of Electronic Notification 07-31-13 Filed: Return of Electronic Notification 08-02-13 Judge SU CHON assigned. 08-05-13 Filed: Notice of Taking the Deposition and Subpoena Duces Tecum of Rick Hoffman, CPA 08-05-13 Filed: Return of Electronic Notification 08-09-13 Filed: Response to Plaintiffs' Third Request for Production of Documents to Defendants 08-09-13 Filed: Return of Electronic Notification 08-13-13 Filed: Other - Unsigned Order (Proposed) 08-13-13 Filed: Return of Electronic Notification 08-14-13 Filed: Other - Unsigned Order (Proposed) Protective Order Regarding Employee Files 08-14-13 Filed: Return of Electronic Notification 08-16-13 Filed: Amended Notice of Taking the Deposition and Subpoena Duces Tecum of Rick Hoffman, CPA 08-16-13 Filed: Return of Electronic Notification 08-28-13 Filed: Certificate of Mailing/Service Printed: 07/26/15 09:53:59 Page 9
Page 10 of 85 08-28-13 Filed: Motion for Protective Order Filed by: UNIVERSITY OF UTAH, 08-28-13 Filed: Memorandum in Support of Motion for Protective Order 08-28-13 Filed: Return of Electronic Notification 08-28-13 Filed: Return of Electronic Notification 08-28-13 Filed: Return of Electronic Notification 09-09-13 Filed: Memorandum in Opposition to Defendants' Motion for Protective Order 09-09-13 Filed: Exhibit 1 09-09-13 Filed: Return of Electronic Notification 09-13-13 Filed: Certificate of Readiness (Joint) 09-13-13 Filed: Return of Electronic Notification 09-16-13 Filed: Reply Memorandum in Support of Protective Order 09-16-13 Filed: Return of Electronic Notification 09-20-13 Note: Charles Thronson called to inquire about setting up a telephone conference to set trial dates. Gave him him Oct 3 at 1, Oct 9 at 2:30 or Oct 16 anytime in the afternoon. He will call opposing counsel and let the Courts know what time works best. 09-24-13 TELEPHONE CONFERENCE scheduled on October 03, 2013 at 01:00 PM in THIRD FLOOR - S34 with Judge CHON. 09-24-13 Filed: Notice of TELEPHONE CONFERENCE 09-25-13 Filed: Request/Notice to Submit Defendants Notice to Submit for Decision and Request for Oral Argument Re Defendants Motion for Protective Order 09-25-13 Filed: Return of Electronic Notification 09-26-13 TELEPHONE CONFERENCE scheduled on October 08, 2013 at 01:30 PM in THIRD FLOOR - S34 with Judge CHON. 09-26-13 Filed: Notice of TELEPHONE CONFERENCE 10-04-13 Filed: Certificate of Mailing/Service 10-04-13 Filed: Return of Electronic Notification 10-08-13 Minute Entry - Minutes for TELEPHONE CONFERENCE Judge: SU CHON Clerk: anthonyh PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON MICHAEL A WOREL Defendant's Attorney(s): TERENCE L ROONEY Audio Printed: 07/26/15 09:53:59 Page 10
Page 11 of 85 Tape Number: S34 Tape Count: 1:33-2:04 HEARING TIME: 1:33 PM The matter is before the Court for telephone conference. Court notes that trial dates need to be set. Counsel stipulate to set trial for March 17-21 and March 31-April 4, with a second place setting for February 18-28. A final pretrial conference is set for February 19, 2014 at 3:00 pm. Motions in Limine and all despositive motions are to be filed by Friday January 17, 2014. Counsel request 45 jurors. Mr. Thronson to submit the order to the Court for today's hearing. Court is in recess. 10-08-13 JURY TRIAL scheduled on March 17, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on March 18, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on March 19, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on March 20, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on March 21, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 Filed: Notice of JURY TRIAL 10-08-13 JURY TRIAL scheduled on March 31, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on April 01, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on April 02, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on April 03, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 JURY TRIAL scheduled on April 04, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-08-13 Filed: Notice of JURY TRIAL Printed: 07/26/15 09:53:59 Page 11
Page 12 of 85 10-17-13 10 DAY JURY TRIAL scheduled on March 24, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on March 25, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on March 26, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on March 27, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on March 28, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on March 31, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on April 01, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on April 02, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on April 03, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 10 DAY JURY TRIAL scheduled on April 04, 2014 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 10-17-13 Filed: Notice for Case 110917738 ID 15531504 10-17-13 JURY TRIAL Cancelled. Reason: Stipulation of counsel 10-23-13 FINAL PRETRIAL CONFERENCE scheduled on February 19, 2014 at 03:00 PM in THIRD FLOOR - S34 with Judge CHON. 10-24-13 MOTION FOR PROTECTIVE ORDER scheduled on November 20, 2013 at 02:30 PM in THIRD FLOOR - S34 with Judge CHON. 10-24-13 Filed: Notice for Case 110917738 ID 15545155 11-20-13 Minute Entry - Minutes for MOTION FOR PROTECTIVE ORDER Judge: SU CHON Clerk: anthonyh PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON Defendant's Attorney(s): TERENCE L ROONEY Audio Tape Number: S34 Tape Count: 2:31-3:44 Printed: 07/26/15 09:54:00 Page 12
Page 13 of 85 HEARING TIME: 2:32 PM The matter is before the Court on Motion for Protective Order. Mr. Rooney informs the Court of the status of case and the basis for the motion that his office filed. TIME: 2:57 PM Mr. Thronson's response to Mr. Rooney's statements. TIME: 3:23 PM Mr. Rooney's response. Mr. Rooney requests an in camera review of the documents that the Plaintiff is requesting and gives basis. TIME: 3:36 PM Mr. Thronson's reponse. TIME: 3:39 PM Mr. Rooney's response. TIME: 3:41 PM Court orders that the files requested by the Plaintiff be subject to an in camera review. Court orders the GMB file be provided to the Plaintiff. Mr. Thronson is to prepare the order for today's hearing. Court takes the matter of the other file under advisement pending the in camera review. Court is in recess on this matter. 12-04-13 Filed order: Minute Entry Regarding in Camera Review Judge SU CHON Signed December 04, 2013 12-11-13 Note: JA spoke to Tammy at Snow Christensen and Martineau and let them know that we still have the file that Judge Chon did an in-camera review. JA let her know that it can be picked up in the 3rd floor reception area. 12-16-13 Filed: Notice of Final Pretrial Conference and Jury Trial Dates 12-16-13 Filed: Return of Electronic Notification 01-17-14 Filed: Motion in Limine re Steven M. Bloomfield MD Filed by: UNIVERSITY OF UTAH, Printed: 07/26/15 09:54:00 Page 13
Page 14 of 85 01-17-14 Filed: Memorandum in Support of Defendants Motion in Limine re Steven M. Bloomfield, MD 01-17-14 Filed: Memorandum in Support of Defendants Motion in Limine re Janet Lee, MD 01-17-14 Filed: Motion Defendants Motion in Limine re Janet Lee, MD Filed by: UNIVERSITY OF UTAH, 01-17-14 Filed: Return of Electronic Notification 01-17-14 Filed: Return of Electronic Notification 01-17-14 Filed: Return of Electronic Notification 01-17-14 Filed: Motion Defendants Motion in Limine to Preclude Duplicative Expert Witnesses Filed by: UNIVERSITY OF UTAH, 01-17-14 Filed: Memorandum in Support of Defendants Motion in Limine to Preclude Duplicative Expert Witnesses 01-17-14 Filed: Return of Electronic Notification 01-17-14 Filed: Return of Electronic Notification 01-17-14 Filed: Return of Electronic Notification 01-21-14 Filed: Motion in Limine Re Medical Bills Filed by: UNIVERSITY OF UTAH, 01-21-14 Filed: Memorandum in Support of Motion in Limine re Medical Bills 01-21-14 Filed: Return of Electronic Notification 01-21-14 Filed: Return of Electronic Notification 01-23-14 Filed: Motion for Attorney Conducted Voir Dire and Jury Questionnaire Filed by: SCOTT, DAVID 01-23-14 Filed: Memo in Support of Motion for Attorney Conducted Voir Dire and Jury Questionnaire 01-23-14 Filed: Return of Electronic Notification 01-23-14 Filed: Motion in Limine Precluding defendants Witnesses testifying outside medical records Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude absence of prior negligence or bad acts or omissions Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to exclude reference to Liebeck v. McDonalds Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude suggestion of hitting Printed: 07/26/15 09:54:00 Page 14
Page 15 of 85 jackpot or lottery Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude Lawsuits against Experts Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude References to Defendants Good Character Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Preclude Reference to purported medical malpractice insurance crisis Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude use of the word Guilty Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine to Exclude References to Religion and marital status Filed by: SCOTT, DEBRA 01-23-14 Filed: Return of Electronic Notification 01-23-14 Filed: Motion in Limine to Exclude References to taxpayer funding Filed by: SCOTT, DEBRA 01-23-14 Filed: Motion in Limine and Motion to Dismiss University of Utah and State of Utah Filed by: SCOTT, DEBRA 01-23-14 Filed: Memo in Support of Motion to Dismiss Univ of Utah and State of Utah 01-23-14 Filed: Return of Electronic Notification 01-24-14 Filed: Motion Combined Motion for a Protective Order and Mot in Limine Regarding Treating Providers Filed by: SCOTT, DAVID 01-24-14 Filed: Memo in Support of Combined Motion for Protective Order 01-24-14 Filed: Return of Electronic Notification 01-24-14 Filed: Motion in Limine to Exclude Certain Testimony of Dr. Bollen Filed by: SCOTT, DAVID 01-24-14 Filed: Memo in Support of Bollen Motion in Limine 01-24-14 Filed: Motion in Limine to Exclude Certain Testimony of Dr. Sloan Filed by: SCOTT, DAVID 01-24-14 Filed: Return of Electronic Notification 01-24-14 Filed: Return of Electronic Notification Printed: 07/26/15 09:54:00 Page 15
Page 16 of 85 01-24-14 Filed: Return of Electronic Notification 01-24-14 Filed: Return of Electronic Notification 01-24-14 Filed: Memo in Support regarding Testimony of Dr. Sloan 01-24-14 Filed: Exhibit 1 01-24-14 Filed: Exhibit 2 01-24-14 Filed: Exhibit 3 01-24-14 Filed: Return of Electronic Notification 01-24-14 Filed: Memo in Opposition to Defendants Motion in Limine to Preclude Expert Witnesses 01-24-14 Filed: Exhibit 1 01-24-14 Filed: Exhibit 2 01-24-14 Filed: Return of Electronic Notification 01-27-14 Filed: Plaintiffs Memo in Opposition to Defs Motion in Limine Re: Dr. Lee 01-27-14 Filed: Return of Electronic Notification 01-27-14 Filed: Motion in Limine to Exclude the Testimony of Dr. Maughan Filed by: SCOTT, DAVID 01-27-14 Filed: Memo in Support of Motion in Limine to Exclude Testimony of Dr. Maughan 01-27-14 Filed: Exhibit 1 01-27-14 Filed: Exhibit 2 01-27-14 Filed: Exhibit 3 01-27-14 Filed: Return of Electronic Notification 01-28-14 Filed: Motion in Limine to Exclude Testimony of Dr. Schloesser Filed by: SCOTT, DAVID 01-28-14 Filed: Memo in Support of Motion in Limine to Exclude Testimony of Dr. Schloesser 01-28-14 Filed: Return of Electronic Notification 01-31-14 Filed: Reply Memorandum of Defendants in Support of Motion in Limine to Preclude Duplicative Expert Witnesses 01-31-14 Filed: Return of Electronic Notification 02-03-14 Filed: Reply Defendants Reply Memorandum in Support of Motion in Limine Re Janet Lee, MD 02-03-14 Filed: Return of Electronic Notification 02-04-14 Filed: Order (Proposed) Regarding Defendants Motion for Protective Order 02-04-14 Filed: Return of Electronic Notification 02-04-14 Filed: Opposition to Defs Memo Oppn Pls MIL Limit Testimony to Four Corners of Report Printed: 07/26/15 09:54:00 Page 16
Page 17 of 85 02-04-14 Filed: Return of Electronic Notification 02-06-14 Filed: Appearance of Counsel/Notice of Limited Appearance 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Opposition to Pls MIL Preclude Testimony of Dr Andrew Sloan 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Memorandum Defendants Memorandum in Opposition to Plaintiffs Motion in Limine to Exclude Evidence of or Reference to the Defendants Good Character 02-06-14 Filed: Memorandum Defendants Memorandum and Response to Plaintiffs Motion in Limine to Exclude Reference to Liebeck v. McDonalds Restaurants, PTS, Inc. 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion in Limine to Exclude References that the Taxpayers of the State of Utah, or the State of Utah Itself, Would Have to Pay Any Judgment Awarded 02-06-14 Filed: Defendants Response to Plaintiffs Motion in Limine to Exclude Use of the Word Guilty 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion in Limine to Exclude Lawsuits Against Experts 02-06-14 Filed: Memorandum Defendants Memorandum in Opposition to Plaintiffs Motion in Limine to Exclude Reference to Religion, to Any University of Utah Hospital Employees, or Former Employees, Marital Status, Family, Children or Any Reference to Said Employees F 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion in Limine Re The University of Utah and The State of Utah 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion for Attorney Conducted Voir Dire and Jury Questionnaire 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion in Limine to Preclude Reference to the Purported Existence of a Medical Malpractice Liability Insurance Crisis or any Increase in Medical Costs 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Memorandum Defendants Memorandum in Response to Printed: 07/26/15 09:54:00 Page 17
Page 18 of 85 Plaintiffs Motion in Limine to Exclude any Suggestion of Absence of Prior Negligence or Bad Acts or Omissions by any of the Defendants 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-06-14 Filed: Return of Electronic Notification 02-07-14 Filed: Appearance of Counsel/Notice of Limited Appearance 02-07-14 Filed: Return of Electronic Notification 02-09-14 Filed: Memorandum Opposition to MIL re Andrew Bollen MD 02-09-14 Filed: Return of Electronic Notification 02-10-14 Filed: Opposition to Plaintiffs Motion in Limine to Exclude the Testimony of Peter H. Maughan, M.D. 02-10-14 Filed: Return of Electronic Notification 02-10-14 Filed: Opposition to Plfs Combined Mot for Protective Order and MIL re Treating Providers 02-10-14 Filed: Return of Electronic Notification 02-11-14 Filed: Appearance of Counsel/Notice of Limited Appearance of Richard E. Mrazik 02-11-14 Filed: Return of Electronic Notification 02-11-14 Filed: Notice of Withdrawal of Plaintiffs Motion in Limine to Exclude Testimony of Dr. Sloan 02-11-14 Filed: Return of Electronic Notification 02-11-14 Filed: Memorandum Defendants Memorandum in Response to Plaintiffs Motion in Limine to Exclude any Suggestion to the Jury That By Bringing This Lawsuit the Plaintiffs Hope to Hit the Jackpot or Lottery 02-11-14 Filed: Return of Electronic Notification 02-11-14 Filed: Memorandum Defendants Memorandum in Opposition to Plaintiffs Motion in Limine to Exclude the Testimony of Peter Schloesser, MD 02-11-14 Filed: Return of Electronic Notification 02-12-14 Filed: Memorandum in Opposition to Defendants Motion in Limine Regarding Dr. Bloomfield 02-12-14 Filed: Exhibit 1 - Affidavit of Stephen Bloomfield, M.D. 02-12-14 Filed: Return of Electronic Notification Printed: 07/26/15 09:54:00 Page 18
Page 19 of 85 02-12-14 Filed order: Order Regarding Defendants Motion for Protective Order Judge SU CHON Signed February 12, 2014 02-12-14 Filed: Return of Electronic Notification 02-13-14 Filed: Reply Memorandum in Support of Plaintiffs Motion for Attorney-Conducted Voir Dire 02-13-14 Filed: Exhibit 1 Affidavit of Charles Thronson 02-13-14 Filed: Return of Electronic Notification 02-13-14 Filed: Memorandum in Opposition to Defendants Motion in Limine Re: Medical Bills 02-13-14 Filed: Exhibit 1 02-13-14 Filed: Exhibit 2 02-13-14 Filed: Exhibit 3 02-13-14 Filed: Exhibit 4 02-13-14 Filed: Exhibit 5 02-13-14 Filed: Exhibit 6 02-13-14 Filed: Exhibit 7 02-13-14 Filed: Exhibit 8 02-13-14 Filed: Reply Memorandum in Support of Plaintiffs Motion in Limine re: Testifying Within Four Corners of Records 02-13-14 Filed: Return of Electronic Notification 02-13-14 Filed: Return of Electronic Notification 02-18-14 Filed: Reply Memorandum in Support of Motion in Limine Regarding Steven M. Bloomfield, M.D. 02-18-14 Filed: Return of Electronic Notification 02-18-14 Filed: Reply Plaintiffs Combined Reply Memo in Support of Motion in Limine regarding Drs. Maughan and Schloesser 02-18-14 Filed: Return of Electronic Notification 02-18-14 Filed: Reply Defendants Reply Memorandum in Support of Motion re Medical Bills 02-18-14 Filed: Return of Electronic Notification 02-18-14 Filed: Jury Instructions Defendants Proposed Jury Instructions 02-18-14 Filed: Return of Electronic Notification 02-19-14 Filed: Jury Instructions Plaintiffs Proposed Jury Instructions 02-19-14 Filed: Plaintiffs Proposed Special Verdict Form 02-19-14 Filed: Return of Electronic Notification 02-19-14 Filed: Return of Electronic Notification 02-19-14 Filed: Defendants Proposed Special Verdict Form Printed: 07/26/15 09:54:00 Page 19
Page 20 of 85 02-19-14 Filed: Return of Electronic Notification 02-19-14 Minute Entry - Minutes for FINAL PRETRIAL CONFERENCE Judge: SU CHON Clerk: anthonyh PRESENT Plaintiff's Attorney(s): JESSICA A ANDREW CHARLES H THRONSON MICHAEL A WOREL Defendant's Attorney(s): BRADLEY R BLACKHAM TERENCE L ROONEY Audio Tape Number: S34 Tape Count: 3:01-4:58 HEARING TIME: 3:01 PM The matter is before the Court for Final Pretrial Conference. Court informs counsel that the jury questionaire needs to be received as soon as possible as they cannot be mailed out. Counsel request that the jury be brought in for questioning a week prior to trial. Court notes the Motion's in Limine that the parties had stipulated to. TIME: 3:07 PM Mr. Thronson addresses the Court concerning the contested Motion's in Limine. TIME: 3:14 PM Mr. Rooney's response to Mr. Thronson's statements. TIME: 3:20 PM Mr. Thronson's response. Court denies the Motion in Limine regarding Dr. Schlosser and Dr. Maughan. TIME: 3:21 PM Mr. Thronson addresses the Court concerning Motion in Limine to Limit Testimony to Four Corners of Report. Printed: 07/26/15 09:54:00 Page 20
Page 21 of 85 TIME: 3:25 PM Mr. Rooney's response. Counsel reach a stipulation on the motion. TIME: 3:27 PM Mr. Thronson addresses the Court concerning Motion in Limine to Exclude Certain Testimony of Dr. Bollen. TIME: 3:32 PM Mr. Rooney's response. Counsel reach stipulation on the motion. TIME: 3:37 PM Mr. Thronson addresses the Court concerning Motion in Limine Regarding Treating Providers. TIME: 3:41 PM Mr. Rooney's response. Counsel reach stipulation on the motion. TIME: 3:44 PM Mr. Thronson addresses the Court concerning attorney conducted jury voir dire. Mr. Worel addresses the Court concerning voir dire. TIME: 3:50 PM Mr. Rooney's response. TIME: 3:54 PM Mr. Thronson's response. Court denies the motion. TIME: 3:59 PM Mr. Thronson addresses the Court concerning Motion in Limine to Exclude References to Religion and Marital Status. TIME: 4:01 PM Mr. Rooney's response. Court grants the motion. TIME: 4:05 PM Mr. Rooney addresses the Court concerning Motion in Limine Regarding Testimony of Dr. Janet Lee. Counsel reach stipulation on the motion. Printed: 07/26/15 09:54:00 Page 21
Page 22 of 85 TIME: 4:09 PM Mr. Rooney addresses the Court concerning Motion in Limine Regarding Dr. Bloomfield. TIME: 4:12 PM Mr. Worel's response. TIME: 4:15 PM Mr. Rooney's response. Court denies the motion. TIME: 4:17 PM Mr. Rooney addresses the Court concerning Motion in Limine to Preclude Duplicative Expert Witnesses. TIME: 4:22 PM Mr. Worel's response. TIME: 4:29 PM Mr. Rooney's response. Court denies the motion. TIME: 4:33 PM Mr. Blackham addresses the Court concerning Motion in Limine regarding medical costs. TIME: 4:43 PM Mr. Thronson's response. TIME: 4:50 PM Mr. Blackham's response. Court denies the motion. Mr. Rooney is to prepare the order for today's hearing. Mr. Rooney indicates that counsel are close to a stipulated set of jury instructions. TIME: 4:57 PM Court is in recess on this matter. Printed: 07/26/15 09:54:00 Page 22
Page 23 of 85 02-21-14 Filed: Notice of Deposition of Dr. Sloan 02-21-14 Filed: Notice of Deposition of Dr. Roos 02-21-14 Filed: Notice of Deposition of Dr. Pope 02-21-14 Filed: Return of Electronic Notification 02-25-14 Filed: Proposed Jury Questionnaire 02-25-14 Filed: Return of Electronic Notification 02-26-14 Filed: Plaintiffs Rule 26(a)(4) Pretrial Disclosures 02-26-14 Filed: Exhibit List Defendants Designation of Trial Exhibits 02-26-14 Filed: Return of Electronic Notification 02-26-14 Filed: Defendants Designation of Trial Witnesses 02-26-14 Filed: Return of Electronic Notification 02-26-14 Filed: Return of Electronic Notification 03-10-14 Filed: Order (Proposed) Pretrial Order 03-10-14 Filed: Return of Electronic Notification 03-10-14 Filed: Objection to Plaintiffs Use of Day in the Life Video 03-10-14 Filed: Exhibit 1 (Depostion of Dr. Randy Jensen) 03-10-14 Filed: Return of Electronic Notification 03-10-14 Filed: Objection to Plaintiffs Pretrial Disclosures 03-10-14 Filed: Return of Electronic Notification 03-11-14 Filed order: Order Pretrial Order Judge SU CHON Signed March 11, 2014 03-11-14 Filed: Return of Electronic Notification 03-13-14 Filed: Notice of Deposition of David Bird 03-13-14 Filed: Notice of Deposition of Dave Foulger 03-13-14 Filed: Return of Electronic Notification 03-13-14 Filed: Return of Electronic Notification 03-13-14 Filed: Amended Notice of Taking the Deposition of Dave Foulger 03-13-14 Filed: Return of Electronic Notification 03-14-14 Filed: Objection to Day in the Life Video 03-14-14 Filed: Return of Electronic Notification 03-17-14 Minute Entry - Minutes for TELEPHONE CONFERENCE Judge: SU CHON Clerk: anthonyh TELEPHONE CONFERENCE PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON Printed: 07/26/15 09:54:00 Page 23
Page 24 of 85 Defendant's Attorney(s): TERENCE L ROONEY Audio Tape Number: S34 Tape Count: 10:09-10:20 HEARING TIME: 10:09 AM The matter is before the Court for Telephone Conference. Counsel stipulate to a continuance of the jury trial set for March 24-April 4. Counsel and the Court discuss a new date for trial. Counsel will be contacted with possible dates from September through December. TIME: 10:20 AM Court is in recess on this matter. 03-17-14 10 DAY JURY TRIAL Cancelled. 06-09-14 TELE SCHEDULING CONFERENCE scheduled on June 25, 2014 at 09:30 AM in THIRD FLOOR - S34 with Judge CHON. 06-09-14 Filed: Notice for Case 110917738 ID 15989134 06-19-14 Filed: Notice of Continuation of Deposition of Andrew Sloan, M.D. 06-19-14 Filed: Return of Electronic Notification 06-25-14 Minute Entry - Minutes for Malpractice Judge: SU CHON Clerk: anthonyh TELEPHONE CONFERENCE PRESENT Plaintiff's Attorney(s): CHARLES H THRONSON Defendant's Attorney(s): TERENCE L ROONEY Audio Tape Number: S34 Tape Count: 9:46-9:55 HEARING Printed: 07/26/15 09:54:01 Page 24
Page 25 of 85 TIME: 9:46 AM The matter is before the Court for Telephone Scheduling Conference. Counsel agree to set trial for February 17-March 2. A new deadline for motions will not be set at this time, but will be set closer to the trial date. A final pretrial conference is to be held on January 14 at 9:30. Jury questionnaire will be held on February 9 and will be sent to the court in disc form. Counsel will pick up the questionnaire on February 10. The court clerk will call Mr. Thronson's office and let them know when the questionnaire is ready to be picked up and they will come in and get the originals and have them scanned. TIME: 9:55 AM Court is in recess. 06-26-14 FINAL PRETRIAL CONFERENCE scheduled on January 14, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 Filed: Notice for Case 110917738 ID 16027188 06-26-14 JURY TRIAL scheduled on February 17, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 18, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 19, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 20, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 23, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 24, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 25, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 26, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on February 27, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 JURY TRIAL scheduled on March 02, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 06-26-14 Filed: Notice for Case 110917738 ID 16027188 Printed: 07/26/15 09:54:01 Page 25
Page 26 of 85 07-07-14 Filed: (Amended) Notice of Continuation of Deposition of Andrew Sloan, MD 07-07-14 Filed: Return of Electronic Notification 09-05-14 Filed: Notice of Taking Deposition of Stephen Chin, MD 09-05-14 Filed: Return of Electronic Notification 11-14-14 Filed: Motion to File Amended Complaint Filed by: SCOTT, DAVID 11-14-14 Filed: Attachment to Motion - Proposed Amended Complaint 11-14-14 Filed: Return of Electronic Notification 12-05-14 Filed: Memorandum Defendants Memorandum in Opposition to Plaintiffs Motion to File Amended Complaint 12-05-14 Filed: Return of Electronic Notification 01-06-15 Filed: Reply Memorandum in Support of Plaintiffs Motion to File Their Amended Complaint 01-06-15 Filed: Return of Electronic Notification 01-12-15 Filed: Motion in Limine re: Reptile Theory Filed by: HUNTSMAN CANCER INSTITUTE, 01-12-15 Filed: Memorandum in Support of Motion in Limine re: Reptile Theory 01-12-15 Filed: Exhibits to Memorandum in Support of Motion in Limine re: Reptile Theory 01-12-15 Filed: Ex Parte Application for Leave to File Overlength Memorandum 01-12-15 Filed: Ex Parte Order (Proposed) Granting Leave to File Overlength Memorandum 01-12-15 Filed: Return of Electronic Notification 01-12-15 Filed: Motion in Limine re: Biopsy Results Filed by: UNIVERSITY OF UTAH, 01-12-15 Filed: Memorandum in Support of Motion in Limine re: Biopsy Results 01-12-15 Filed: Exhibits to Memorandum in Support of Motion in Limine re: Biopsy Results 01-12-15 Filed: Return of Electronic Notification 01-14-15 1/2 DAY MOTION HEARING scheduled on February 02, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 01-14-15 Minute Entry - Minutes for FINAL PRETRIAL CONFERENCE Judge: SU CHON Clerk: krisff PRESENT Printed: 07/26/15 09:54:01 Page 26
Page 27 of 85 Plaintiff's Attorney(s): CHARLES H THRONSON MICHAEL A WOREL Defendant's Attorney(s): TERENCE L ROONEY BRADLEY R BLACKHAM Audio Tape Number: CR S34 Tape Count: 9:03-10:06 9:03 AM - The Court notes that two motions were filed past the deadline and no request to submit has been filed. 9:04 AM - Mr. Thronson stated that the Plaintiff would like to have an official response filed and another hearing to discuss those motions. The Court informed the parties that the Court's calendar is full and that there is not a day before the trial date to allow another motion hearing. 9:05 AM - Mr. Rooney stated they are ready to discuss those two motions today. 9:05 AM - Mr. Thronson provided the Court with an update and again requested that the Court set a date prior to the trial to take any argument regarding the items that cannot be stipulated too. 9:07 AM - Mr. Rooney responds to Mr. Thronson comments. Further, Mr. Rooney discussed the jury questionnaire. 9:08 AM - The Court informed counsel that the jury questionnaire will need to be completed two weeks prior to the start of trial. 9:10 AM - The parties agree that it will only take a week to provide the Court with a stipulated jury questionnaire. The Court questions if the parties can comply with the week deadline. Printed: 07/26/15 09:54:01 Page 27
Page 28 of 85 9:11 AM - Mr. Thronson stated that they will provide the Respondent's with a copy of the new questionnaire by Friday, January 16. Mr. Rooney stated they would be able to respond by January 23rd. The Court informed counsel that the questionnaire will need to be to the Court by February 2nd. 9:12 AM - The prospective jurors will be brought in to fill out the questionnaire. Mr. Rooney recommended that once the jury questionnaires are completed, his office can pick them up, copied them and provided a copy to opposing counsel. The parties stipulated that this will be the best way to handle the questionnaires. 9:15 AM - The Court requested that the jury questionnaire be filed by February 6th, which will allow the Court to call in the jury the following week. 9:16 AM - Mr. Thronson addressed the Court in regards to witness and exhibit lists and the exchange of literature. Mr. Rooney addressed the Court in regards to the lists already being exchanged and the Respondent's objection to exchanging literature. 9:17 AM - Mr. Worel addressed the Court in regards to the Respondent's objection to the exchange of literature. 9:18 AM - Mr. Rooney responded to Mr. Worel's comments. 9:18 AM - Mr. Worel clarifies for the Court what occurred at another hearing invloving the same issue and why the Plaintiff is requesting the exchange. Printed: 07/26/15 09:54:01 Page 28
Page 29 of 85 9:21 AM - Mr. Rooney responded to Mr. Worel's comments. 9:22 AM - Mr. Worel asked if Mr. Rooney would stipulate to no surprises and allow the parties to move on. Mr. Rooney addressed the Court and Mr. Worel regarding the issue. The Court informs counsel that it will require the parties to follow the rules of evidence. 9:24 AM - The parties continue to discuss the request for hearing. Before the parties could proceed any further, the Court informed counsel that the only date on the Court's calendar is Feburary 2nd at 9:00 a.m. Otherwise, the parties will not get a hearing before the trial date. Further, the Court informed counsel that this hearing will only be a half a day as the Court has other matters that need to be handled. The parties are not sure if a hearing will be needed but agreed to the February 2nd date. 9:29 AM - The parties stated there was no problem with the shorten reply and response time and thanked the Court for moving its calendar to allow a hearing to occur. 9:31 AM - Mr. Rooney questioned if the Court would like the stipulated instructions filed with the court two weeks prior. The Court stated that two weeks before would be preferrable (Due Feb 2nd). 9:33 AM - Mr. Thronson addressed the Court in regards to the Plaintiff's Motion to Amend. 9:47 AM - Mr. Rooney addressed the Court in regards to the Plaintiff's Motion to Amend. 9:56 AM - Mr. Thronson responded to Mr. Rooney's comments. Printed: 07/26/15 09:54:01 Page 29
Page 30 of 85 10:02 AM - Mr. Rooney replies to Mr. Thronson's comments. 10:04 AM - Mr. Thronson provided final response to the comments that have been made so far. 10:04 AM - The Court thanked all parties for their comments. 10:05 AM - The Court denies the Plaintiff's Motion to Amend and gave basis for its ruling. 10:06 AM - The Court requests Mr. Rooney's office to prepare an order consistent with today's ruling. 10:06 AM - Court is in recess. 1/2 DAY MOTION HEARING is scheduled. Date: 02/02/2015 Time: 09:00 a.m. Location: THIRD FLOOR - S34 THIRD DISTRICT COURT 450 SOUTH STATE STREET SALT LAKE CITY, UT 84111-1860 Before Judge: SU CHON 01-15-15 Filed order: Ex Parte Order Granting Leave to File Overlength Memorandum Judge SU CHON Signed January 15, 2015 01-15-15 Filed: Return of Electronic Notification 01-28-15 Filed: Motion to Strike Defendants Memorandum regarding Biopsy Results Filed by: SCOTT, DAVID 01-28-15 Filed: Memorandum in Support of Motion to Strike Defendants Memorandum regarding Biopsy Results 01-28-15 Filed: Memorandum in Opposition of Defendants Motion in Limine Re: Reptile Theory Printed: 07/26/15 09:54:01 Page 30
Page 31 of 85 01-28-15 Filed: Return of Electronic Notification 01-28-15 Filed: Return of Electronic Notification 01-29-15 Filed: Plaintiffs Ex Parte Application for Leave to File Overlength Memo 01-29-15 Filed: Return of Electronic Notification 01-29-15 Filed: Ex Parte Order (Proposed) Granting Plaintiffs Ex Parte Application for Leave to File Overlength Memo 01-29-15 Filed: Motion in Limine Regarding the Credentials and CV of Fact Witnesses Schloesser and Maughan Filed by: SCOTT, DAVID 01-29-15 Filed: Memorandum in Support of Motion in Limine Regarding Credentials and CV of Fact Witnesses Schloesser and Maughan 01-29-15 Filed: Return of Electronic Notification 01-29-15 Filed: Return of Electronic Notification 01-29-15 Filed: The University Defendants Response to Plaintiffs Memorandum in Opposition of Defendants Motion in Limine Re: Reptile Theory 01-29-15 Filed: Reply Defendant University of Utah Hospital and Medical Centers Reply Memorandum in Support of Motion in Limine Re: Biopsy Results and Memorandum in Opposition to Motion to Strike Defendants Memorandum in Support of Motion in Limine re: Biopsy Resu 01-29-15 Filed: Objection to The University Defendants Objection to Plaintiffs Untimely Disclosed Exhibits 01-29-15 Filed: Return of Electronic Notification 01-30-15 Filed: Confidential Jury Questionnaire 01-30-15 Filed: Return of Electronic Notification 01-30-15 Filed: Motion in Limine Regarding Discussions in and Decisions of Defendants Tumor Board Re: David Scott Filed by: SCOTT, DAVID 01-30-15 Filed: Memorandum in Support of Motion in Limine regarding tumor board 01-30-15 Filed: Return of Electronic Notification 02-02-15 MOTION HEARING scheduled on February 06, 2015 at 09:00 AM in THIRD FLOOR - S34 with Judge CHON. 02-02-15 Minute Entry - Minutes for FINAL PRETRIAL CONFERENCE Judge: SU CHON Clerk: anthonyh PRESENT Printed: 07/26/15 09:54:01 Page 31
Page 32 of 85 Plaintiff's Attorney(s): CHARLES H THRONSON Defendant's Attorney(s): BRADLEY R BLACKHAM TERENCE L ROONEY Audio Tape Number: S34 Tape Count: 9:01-10:40 TIME: 9:01 AM The matter is before the Court for Final Pretrial Conference. Court and counsel discuss motions that have recently been filed. TIME: 9:08 AM Mr. Rooney addresses the Court concerning objections to exhibits that have been previously filed. TIME: 9:13 AM Mr. Thronson's response. TIME: 9:18 AM Mr. Rooney's rebuttal argument. TIME: 9:20 AM The Court requests that counsel mark all of the exhibits and counsel will decide what they would like to admit into evidence. TIME: 9:23 AM Counsel argue concerning an exhibit that Mr. Thronson would like to use in trial. TIME: 9:29 AM Court will allow a few days for Mr. Thronson to get a copy of the exhibit to Mr. Rooney to give him time to view it and object to if necessary. TIME: 9:32 AM Mr. Rooney addresses the Court concerning the motion in limine referencing biopsy results. TIME: 9:37 AM Printed: 07/26/15 09:54:01 Page 32
Page 33 of 85 Mr. Thronson's response. TIME: 9:46 AM Mr. Rooney's rebuttal. TIME: 9:50 AM Mr. Thronson's response. TIME: 9:52 AM The Court denies the motion in limine and gives basis on the record. TIME: 9:53 AM Counsel and the Court discuss when the courtroom will be available for counsel to set up the for trial. TIME: 9:59 AM Mr. Thronson addresses possible additions to the jury questionaire that has previously been submitted that they would ask the Court to address with the jury. TIME: 10:02 AM Counsel agree to set an in person hearing on Friday February 6 at 9:00 am to further discuss the motions in limine that have not been decided. Court and counsel discuss other pretrial matters. TIME: 10:40 AM Court is in recess. MOTION HEARING is scheduled. Date: 02/06/2015 Time: 09:00 a.m. Location: THIRD FLOOR - S34 THIRD DISTRICT COURT 450 SOUTH STATE STREET SALT LAKE CITY, UT 84111-1860 Before Judge: SU CHON Printed: 07/26/15 09:54:01 Page 33
Page 34 of 85 02-02-15 Filed order: Ex Parte Order Granting Plaintiffs Ex Parte Application for Leave to File Overlength Memo Judge SU CHON Signed February 02, 2015 02-02-15 Filed: Return of Electronic Notification 02-04-15 Filed: Reply Memorandum in Support of Motion in Limine re Reptile Theory 02-04-15 Filed: Exhibit 1 to Defendants Reply Memornadum in Support of Motion in Limine re: Reptile Theory 02-04-15 Filed: Motion Ex Parte Application for Leave to File Overlength Reply Memorandum Filed by: UNIVERSITY OF UTAH HOSPITAL AN, 02-04-15 Filed: Ex Parte Order (Proposed) Granting Leave to File Overlength Reply Memorandum 02-04-15 Filed: Return of Electronic Notification 02-04-15 Filed: Memorandum in Opposition to Plaintiffs Motion in Limine Re: Discussions in and Decisions of Defendants Tumor Board Regarding David Scott 02-04-15 Filed: Exhibits to Memorandum in Opposition to Plaintiffs Motion in Limine Re: Discussions in and Decisions of Defendants Tumor Board Regarding David Scott 02-04-15 Filed: Return of Electronic Notification 02-04-15 Filed: Memorandum in Opposition to Plaintiffs Motion in Limine Re: the Credentials and Curricula Vitae of Fact Witnesses Peter Schloesser and Peter Maughan 02-04-15 Filed: Exhibits to Memorandum in Opposition to Plaintiffs Motion in Limine Re: the Credentials and Curricula Vitae of Fact Witnesses Peter Schloesser and Peter Maughan 02-04-15 Filed: Exhibit 4 to Memorandum in Opposition to Plaintiffs Motion in Limine Re: the Credentials and Curricula Vitae of Fact Witnesses Peter Schloesser and Peter Maughan 02-04-15 Filed: Return of Electronic Notification 02-05-15 Filed order: Ex Parte Order Granting Leave to File Overlength Reply Memorandum Judge SU CHON Signed February 05, 2015 02-05-15 Filed: Return of Electronic Notification 02-06-15 Minute Entry - Minutes for MOTION HEARING Judge: SU CHON Printed: 07/26/15 09:54:01 Page 34