7TH DISTRICT COURT - MOAB GRAND COUNTY, …fjcadr.com/uploads/3/2/5/7/3257891/lee_trial.pdf ·...

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7TH DISTRICT COURT - MOAB GRAND COUNTY, STATE OF UTAH KYLIE ANN BEDDOES LEE vs. KENNETH L WILLIAMS CASE NUMBER 130700019 Malpractice ________________________________________________________________________________ CURRENT ASSIGNED JUDGE LYLE R ANDERSON PARTIES Plaintiff - KYLIE ANN BEDDOES LEE Represented by: TYLER S YOUNG Defendant - KENNETH L WILLIAMS Represented by: CATHERINE M LARSON Represented by: KATHLEEN J ABKE Defendant - MOAB FAMILY MEDICINE PC Represented by: CATHERINE M LARSON Represented by: KATHLEEN J ABKE ACCOUNT SUMMARY TOTAL REVENUE Amount Due: 622.00 Amount Paid: 622.00 Credit: 0.00 Balance: 0.00 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: 12.00 Amount Paid: 12.00 Amount Credit: 0.00 Balance: 0.00 REVENUE DETAIL - TYPE: AUDIO TAPE COPY Printed: 02/01/16 15:21:33 Page 1 Page 1 of 21

Transcript of 7TH DISTRICT COURT - MOAB GRAND COUNTY, …fjcadr.com/uploads/3/2/5/7/3257891/lee_trial.pdf ·...

7TH DISTRICT COURT - MOAB

GRAND COUNTY, STATE OF UTAH

KYLIE ANN BEDDOES LEE vs. KENNETH L WILLIAMS

CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

CURRENT ASSIGNED JUDGE

LYLE R ANDERSON

PARTIES

Plaintiff - KYLIE ANN BEDDOES LEE

Represented by: TYLER S YOUNG

Defendant - KENNETH L WILLIAMS

Represented by: CATHERINE M LARSON

Represented by: KATHLEEN J ABKE

Defendant - MOAB FAMILY MEDICINE PC

Represented by: CATHERINE M LARSON

Represented by: KATHLEEN J ABKE

ACCOUNT SUMMARY

TOTAL REVENUE Amount Due: 622.00

Amount Paid: 622.00

Credit: 0.00

Balance: 0.00

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: 12.00

Amount Paid: 12.00

Amount Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: AUDIO TAPE COPY

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

Original Amount Due: 10.00

Amended Amount Due: 0.00

Amount Paid: 0.00

Amount Credit: 0.00

Balance: 0.00

Account Adjustments

Date Amount Reason

Feb 01, 2016 -10.00 Attorney did not pick up CD or

pay for it.

PROCEEDINGS

05-20-13 Filed: Complaint

05-20-13 Filed: Demand for Jury Trial

05-20-13 Case filed

05-20-13 Judge LYLE R ANDERSON assigned.

05-20-13 Fee Account created Total Due: 360.00

05-20-13 Fee Account created Total Due: 250.00

05-20-13 COMPLAINT - NO AMT S Payment Received: 360.00

05-20-13 JURY DEMAND - CIVIL Payment Received: 250.00

05-28-13 Filed return: Acceptance of Service upon CATHERINE M. LARSON,

ATTORNEY for

Party Served: KENNETH L MD WILLIAMS

Service Type: Personal

Service Date: May 28, 2013

05-28-13 Filed return: Acceptance of Service upon CATHERINE M. LARSON,

ATTORNEY for

Party Served: MOAB FAMILY MEDICINE PC

Service Type: Personal

Service Date: May 28, 2013

06-06-13 Filed return: Acceptance of Service upon CATHERINE M. LARSON

for

Party Served: KENNETH L MD WILLIAMS

Service Type: Personal

Service Date: May 28, 2013

06-11-13 Filed: Certificate of Mailing/Service Plaintiff's Initial

Disclosures, Bates Nos. 1-189

06-11-13 Filed: Return of Electronic Notification

06-14-13 Filed: Answer by Defendants Kenneth L. Williams, MD and Moab

Family Medicine, PC

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

KENNETH L WILLIAMS

MOAB FAMILY MEDICINE PC

06-14-13 Note: Certificate of Readiness for Trial due 06/05/2014

06-14-13 Filed: NOTICE OF EVENT DUE DATES

06-14-13 Filed: Return of Electronic Notification

06-17-13 Filed: Certificate of Mailing/Service Defendants First Set of

Interrogatories and Requests for Production of Documents to

Plaintiff

06-17-13 Filed: Return of Electronic Notification

06-26-13 Filed: Other Notice of Intent to Request Protected Health

Information

06-26-13 Filed: Return of Electronic Notification

07-03-13 Filed: Other Notice of Depositions of Kylie Ann Beddoes Lee,

Zachary Lee, Mike Forshee and Trista Birdzell

07-03-13 Filed: Return of Electronic Notification

07-09-13 Filed: Other Notice of Records Depositions

07-09-13 Filed: Return of Electronic Notification

07-16-13 Filed: Other Notice of Deposition Duces Tecum

07-16-13 Filed: Return of Electronic Notification

07-16-13 Filed: Other Notice of Depositions of Jason Beddoes, Kimberly

Gritts and Lara Prather

07-16-13 Filed: Return of Electronic Notification

07-31-13 Filed: Certificate of Mailing/Service of Defendants Kenneth L.

Williams, M.D. and Moab Family Medicine P.C.'s Initial

Disclosures

07-31-13 Filed: Return of Electronic Notification

08-08-13 Filed: Amended Notice of Depositions of Zachary Lee, Mike

Forshee and Trista Birdzell

08-08-13 Filed: Return of Electronic Notification

08-13-13 Filed: Notice of Intent to Request Protected Health Information

08-13-13 Filed: Return of Electronic Notification

08-21-13 Filed: COS Plntf's Answer to Def 1st set of Interrogs RPD

08-21-13 Filed: Return of Electronic Notification

08-23-13 Filed: Notice of Records Depositions

08-23-13 Filed: Return of Electronic Notification

08-29-13 Filed: Amended Notice of Deposition of Kylie Ann Beddoes Lee

08-29-13 Filed: Return of Electronic Notification

09-17-13 Filed: Certificate of Mailing/Service COS Plntf's First Set

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CASE NUMBER 130700019 Malpractice

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Admission, Interrogatories, RPD to Defendants

09-17-13 Filed: Return of Electronic Notification

10-04-13 Filed: Amended Notice of Depositions of Jason Beddoes, Kimberly

Gritts and Lara Prather

10-04-13 Filed: Return of Electronic Notification

10-08-13 Filed: Amended Notice of Deposition

10-08-13 Filed: Return of Electronic Notification

10-15-13 Filed: Certificate of Mailing/Service Defendants Objections,

Answers and Responses to Plaintiffs First Set of Requests for

Admissions, Interrogatories and Requests for Production of

Documents

10-15-13 Filed: Certificate of Mailing/Service Defendants Kenneth L.

Williams, MD and Moab Family Medicine, PCs Supplemental Initial

Disclosures

10-15-13 Filed: Return of Electronic Notification

11-01-13 Filed: Certificate of Mailing/Service of Plaintiffs Second Set

of Interrogatories, Requests for Production of Documents and

Corrected Request for Admission

11-01-13 Filed: Return of Electronic Notification

11-21-13 Filed: Second Amended Notice of Deposition

11-21-13 Filed: Second Amended Notice of Deposition

11-21-13 Filed: Return of Electronic Notification

11-27-13 Filed: Certificate of Service of Defendants Objections, Answers

and Responses to Plaintiffs Second Set of Interrogatories,

Requests for Production of Documents and Corrected Request for

Admission

11-27-13 Filed: Return of Electronic Notification

12-10-13 Filed: Second Amended Notice of Deposition

12-10-13 Filed: Return of Electronic Notification

12-12-13 Filed: Second Amended Notice of Depositions of Jason Beddoes,

Kimberly Gritts and Lara Prather

12-12-13 Filed: Return of Electronic Notification

01-28-14 Filed: Notice of Intent to Request Protected Health Information

01-28-14 Filed: Return of Electronic Notification

02-06-14 Filed: Notice of Deposition and Subpoena Duces Tecum to Michael

Rosen, MD

02-06-14 Filed: Return of Electronic Notification

02-07-14 Filed: Notice of Intent to Request Protected Health Information

02-07-14 Filed: Return of Electronic Notification

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CASE NUMBER 130700019 Malpractice

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02-11-14 Filed: Notice of Records Depositions

02-11-14 Filed: Return of Electronic Notification

02-18-14 Filed: Notice of Records Deposition

02-18-14 Filed: Return of Electronic Notification

02-27-14 Filed: Stipulated Amended Scheduling Order

02-27-14 Filed: Return of Electronic Notification

03-03-14 Filed: Substitution of Counsel for Defendants Kenneth L.

Williams, MD and Moab Family Medicine PC

03-03-14 Filed: Return of Electronic Notification

03-07-14 Filed: Notice of Depositions of Paula Fleenor, RN, Casey

Hearne, RN, Naomi Helquist, RN and Connie Wilson, RN

03-07-14 Filed: Return of Electronic Notification

03-17-14 Filed: COS of Plaintiffs First Supplemental Disclosures

03-17-14 Filed: Return of Electronic Notification

03-21-14 Filed: Notice of Telephonic Deposition of Paula Martin, RN

03-21-14 Filed: Return of Electronic Notification

03-25-14 Filed: Motion Stipulated Motion for Extraordinary Discovery and

Amending Discovery Deadlines

Filed by: MOAB FAMILY MEDICINE PC,

03-25-14 Filed: Order (Proposed) Granting Stipulated Motion for

Extraordinary Discovery and Amending Discovery Deadlines

03-25-14 Filed: Return of Electronic Notification

03-25-14 Filed order: Order Granting Stipulated Motion for Extraordinary

Discovery and Amending Discovery Deadlines

Judge LYLE R ANDERSON

Signed March 25, 2014

03-25-14 Filed: Return of Electronic Notification

03-31-14 Filed: COS Plaintiffs Non Retained Expert Witnesses

03-31-14 Filed: COS of Plaintiffs Retained Expert Witnesses

03-31-14 Filed: Return of Electronic Notification

04-21-14 Filed: Notice of Change of Address

04-21-14 Filed: Return of Electronic Notification

05-30-14 Filed: Notice of Deposition and Subpoena Duces Tecum of Steven

Dewey, MD

05-30-14 Filed: Return of Electronic Notification

06-19-14 Filed: Notice of Trial Deposition

06-19-14 Filed: Return of Electronic Notification

06-26-14 Notice - Notice of Intent for Case 130700019

Notice is hereby given that the above entitled matter will be

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

dismissed pursuant to Code of Judicial Administration Rule 4-103

for failure to file a certificate of readiness for trial within 330

days of defendant's answer. Unless a certificate of readiness for

trial or written statement showing good cause not to dismiss is

received by the court within 20 days of this notice, the court will

dismiss without further notice.

06-30-14 Note: I generated the Notice of Intent to Dismiss in error, as

this case has a discovery order in place for future

dates. Counsel called this to our attention so I removed

the hold on this case.

06-30-14 Note: The case was taken off of OTSC hold

07-28-14 Filed: Order (Proposed) Second Stipulated Motion and Order for

Extraordinary Discovery and Amending Discovery Deadlines

07-28-14 Filed: Return of Electronic Notification

07-28-14 Filed: Other - Declined to Sign Order (Proposed) Second

Stipulated Motion and Order for Extraordinary Discovery and

Amending Discovery Deadlines

07-28-14 Note: The Order needs to be a separate document.

07-28-14 Filed: Return of Electronic Notification

07-29-14 Filed: Second Stipulated Motion for Extraordinary Discovery and

Amending Discovery Deadlines

07-29-14 Filed: Order (Proposed) Granting Extraordinary Discovery and

Amending Discovery Deadlines

07-29-14 Filed: Return of Electronic Notification

07-29-14 Filed order: Order Granting Extraordinary Discovery and

Amending Discovery Deadlines

Judge LYLE R ANDERSON

Signed July 29, 2014

07-29-14 Filed: Return of Electronic Notification

08-07-14 Filed: Kenneth L. Williams, M.D. and Moab Family Medicine,

P.C.s Designation of Expert Witnesses

08-07-14 Filed: Return of Electronic Notification

09-22-14 Filed: Notice of Deposition

09-22-14 Filed: Return of Electronic Notification

09-22-14 Filed: Certificate of Service to Defendants Kenneth L.

Williams, MD and Moab Family Medicine, PCs Submission of Expert

Report by Gary Dildy, MD

09-22-14 Filed: Return of Electronic Notification

09-24-14 Filed: Amended Notice of Deposition

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CASE NUMBER 130700019 Malpractice

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09-24-14 Filed: Return of Electronic Notification

10-20-14 Filed: Third Stipulated Motion for Extraordinary Discovery and

Amending Discovery Deadlines

10-20-14 Filed: Order (Proposed) Order Granting Third Stipulated Motion

for Extraordinary Discovery and Amended CMO

10-20-14 Filed: Return of Electronic Notification

10-21-14 Filed order: Order Granting Third Stipulated Motion for

Extraordinary Discovery and Amended CMO

Judge LYLE R ANDERSON

Signed October 21, 2014

10-21-14 Filed: Return of Electronic Notification

11-10-14 Filed: Defendants Motion for Summary Judgment

11-10-14 Filed: Memorandum in Support of Defendants Motion for Summary

Judgment

11-10-14 Filed: Exhibits to Defendants Memorandum in Support of Motion

for Summay Judgment

11-10-14 Filed: Return of Electronic Notification

11-24-14 **** SEALED **** Filed: Memorandum Memo in Opp to Defs MS

11-24-14 **** SEALED **** Filed: Exh. 1-17 attached to Plntfs Opp

11-24-14 Filed: Return of Electronic Notification

11-25-14 Filed: Request for Data Correction Urgent

11-25-14 Filed: Return of Electronic Notification

11-26-14 Note: Email sent to tyoung regarding data correction request.

Told a motion and order will need to be submitted to get

the document sealed.

11-26-14 Filed: Memorandum Amended Memo in Opp to Defs MSJ

11-26-14 Filed: Exh. 1-16 attached to Amended Memo in Opp to Defs MSJ

11-26-14 Filed: Return of Electronic Notification

11-26-14 Filed: Motion Urgent Stip Mot to Remove Document Link from

Record or to Classify Record as Non-Public, Protected and

Sealed

Filed by: BEDDOES LEE, KYLIE ANN

11-26-14 Filed: Order (Proposed) to Remove Document Link from Record or

to Classify as Non-Public, Protected and Sealed

11-26-14 Filed: Return of Electronic Notification

11-26-14 Filed: Return of Electronic Notification

12-02-14 Filed order: Order to Remove Document Link from Record or to

Classify as Non-Public, Protected and Sealed

Judge LYLE R ANDERSON

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

Signed December 02, 2014

12-02-14 Filed: Return of Electronic Notification

12-29-14 Filed: Reply Memorandum in Support of Defendants Motion for

Summary Judgment

12-29-14 Filed: Request/Notice to Submit for Decision Defendants Motion

for Summary Judgment

12-29-14 Filed: Return of Electronic Notification

01-07-15 ORAL ARGUMENT ON MOTION scheduled on February 03, 2015 at 01:00

PM in DIST. COURT with Judge ANDERSON.

01-07-15 Filed: Notice for Case 130700019 ID 16403564

01-13-15 Filed: Motion Stipulated Motion to Change Date of Hearing

Regarding Oral Argument

Filed by: MOAB FAMILY MEDICINE PC,

01-13-15 Filed: Order (Proposed) Granting Stipulated Motion to Change

Date of Hearing Regarding Oral Argument

01-13-15 Filed: Return of Electronic Notification

01-14-15 Filed order: Order Granting Stipulated Motion to Change Date of

Hearing Regarding Oral Argument

Judge LYLE R ANDERSON

Signed January 14, 2015

01-14-15 Filed: Return of Electronic Notification

01-14-15 Note: Reason: Request of counsel Stipulation of counsel motion.

01-14-15 ORAL ARGUMENT ON MOTION scheduled on March 31, 2015 at 01:00 PM

in DIST. COURT with Judge ANDERSON.

03-31-15 Minute Entry - Minutes for ORAL ARGUMENT ON MOTION FOR

Judge: LYLE R ANDERSON

Clerk: melissap

PRESENT

Plaintiff's Attorney(s): TYLER S YOUNG

Defendant's Attorney(s): CATHERINE M LARSON

Audio

Tape Count: 1:00 - 1:58

__________________________________________________________________

The Court addresses the parties as to the Motion for Summary

Judgment

Ms. Larson addresses the court. Ms. Larson asks the court to grant

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CASE NUMBER 130700019 Malpractice

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the Motion for Summary Judgment based on the statute of

limitations.

Mr. Young addresses the court. Mr. Young asks the court to deny the

Motion for Summary Judgment.

Ms. Larson gives the court her closing statement.

The court will take this decision under advisement to review the

case law.

TIME: 1:00 PM

04-21-15 Filed order: Ruling on Motion for Summary Judgment

Judge LYLE R ANDERSON

Signed April 21, 2015

04-24-15 Fee Account created Total Due: 12.00

04-24-15 AUDIO TAPE COPY Payment Received: 12.00

04-28-15 Filed: Order (Proposed) Denying Summary Judgment

04-28-15 Filed: Return of Electronic Notification

05-04-15 Filed order: Order Denying Summary Judgment

Judge LYLE R ANDERSON

Signed May 04, 2015

05-04-15 Filed: Return of Electronic Notification

05-07-15 Filed: Certificate of Readiness for Trial and Request for

Pretrial Scheduling Conference

05-07-15 Filed: Return of Electronic Notification

05-13-15 Note: Certificate of Readiness was emailed to Judge Anderson

today.

05-19-15 PRETRIAL CONFERENCE scheduled on June 16, 2015 at 09:00 AM in

DIST. COURT with Judge ANDERSON.

05-19-15 Filed: Notice for Case 130700019 ID 16688686

05-26-15 Filed: Motion for a Separate Trial on the Statute of

Limitations and to Stay the Proceedings

Filed by: MOAB FAMILY MEDICINE PC,

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05-26-15 Filed: Memorandum in Support of their Motion for a Separate

Trial on the Statute of Limitations and to Stay the Proceedings

05-26-15 Filed: Return of Electronic Notification

05-28-15 Filed: Memorandum In Opposition to Defendants Motion for

Separate Trial on the Statute of Limitations and to Stay the

Proceedings

05-28-15 Filed: Return of Electronic Notification

06-09-15 Filed: Notice of Withdrawal of Counsel

06-09-15 Filed: Return of Electronic Notification

06-11-15 Filed: Request/Notice to Submit Motion to Bifurcate

06-11-15 Filed: Reply to Plaintiffs Opposition to Motion to Bifurcate

06-11-15 Filed: Return of Electronic Notification

06-12-15 Filed: Stipulated Motion to Change Pretrial Hearing to

Telephonic Oral Argument on Defendants Motion for a Separate

Trial on the Statute of Limitations

06-12-15 Filed: Return of Electronic Notification

06-12-15 Filed: Order (Proposed) to Change Pretrial Hearing to

Telephonic Oral Argument on Defendants Motion for a Separate

Trial on the Statute of Limitations

06-12-15 Filed: Return of Electronic Notification

06-15-15 Filed order: Order to Change Pretrial Hearing to Telephonic

Oral Argument on Defendants Motion for a Separate Trial on the

Statute of Limitations

Judge LYLE R ANDERSON

Signed June 15, 2015

06-15-15 Filed: Return of Electronic Notification

06-15-15 PRETRIAL CONFERENCE Modified.

06-15-15 ORAL ARGUMENT ON MOTION scheduled on June 16, 2015 at 09:00 AM

in DIST. COURT with Judge ANDERSON.

06-16-15 Minute Entry - Minutes for MOTION HEARING

Judge: LYLE R ANDERSON

Clerk: claudiap

PRESENT

Plaintiff's Attorney(s): TYLER S YOUNG

Defendant's Attorney(s): CATHERINE M LARSON

Audio

Tape Number: Courtroom 1

__________________________________________________________________

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Court hears argument from both attorneys.

The Motion to Bifurcate is granted

Catherine Larson is to prepare the order and submit same to the

court.

06-29-15 Filed: Order (Proposed) ORDER DEFENDANTS KENNETH L. WILLIAMS,

M.D. and MOAB FAMILY MEDICINE P.C.S MOTION FOR SEPARATE TRIAL

ON THE STATUTE OF LIMITATIONS

06-29-15 Filed: Return of Electronic Notification

06-29-15 Filed order: ORDER DEFENDANTS KENNETH L. WILLIAMS, M.D. and

MOAB FAMILY MEDICINE P.C.S MOTION FOR SEPARATE TRIAL ON THE

STATUTE OF LIMITATIONS

Judge LYLE R ANDERSON

Signed June 29, 2015

06-29-15 Filed: Return of Electronic Notification

06-29-15 Stay begins: June 29, 2015 Reason: Related Proceedings

Note: Stay ordered by Judge Anderson

07-28-15 Filed: Motion Stipulated Motion for Pretrial Conference

Filed by: BEDDOES LEE, KYLIE ANN

07-28-15 Filed: Return of Electronic Notification

09-14-15 Filed: Order (Proposed) Proposed Order Granting Stipulated

Motion for Pretrial Conference

09-14-15 Filed: Return of Electronic Notification

09-15-15 Filed order: Order Proposed Order Granting Stipulated Motion

for Pretrial Conference

Judge LYLE R ANDERSON

Signed September 15, 2015

09-15-15 Filed: Return of Electronic Notification

09-15-15 PRETRIAL CONFERENCE scheduled on September 29, 2015 at 01:00 PM

in DIST. COURT with Judge ANDERSON.

09-17-15 Filed: Stipulated Rule 16(a)(1) Motion for Pretrial Conference

to be Rescheduled to November 3, 2015 at 9:00 a.m.

09-17-15 Filed: Order (Proposed) Proposed Order Granting Stipulated

Motion for Pretrial Conference to be Rescheduled to November 3,

2015 at 9:00 a.m.

09-17-15 Filed: Return of Electronic Notification

09-24-15 Filed order: Order Proposed Order Granting Stipulated Motion

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for Pretrial Conference to be Rescheduled to November 3, 2015

at 9:00 a.m.

Judge LYLE R ANDERSON

Signed September 24, 2015

09-24-15 Filed: Return of Electronic Notification

09-24-15 Note: Reason: Request of counsel Stipulation of counsel motion.

09-24-15 PRETRIAL CONFERENCE continued to November 03, 2015 at 09:00 AM

in DIST. COURT with Judge ANDERSON.

11-03-15 JURY TRIAL scheduled on January 27, 2016 at 09:00 AM in DIST.

COURT with Judge ANDERSON.

11-03-15 JURY TRIAL scheduled on January 28, 2016 at 09:00 AM in DIST.

COURT with Judge ANDERSON.

11-03-15 JURY TRIAL scheduled on January 29, 2016 at 09:00 AM in DIST.

COURT with Judge ANDERSON.

11-03-15 Minute Entry - PRETRIAL CONFERENCE

Judge: LYLE R ANDERSON

Clerk: adrienng

PRESENT

Plaintiff's Attorney(s): TYLER S YOUNG

Defendant's Attorney(s): CATHERINE M LARSON

Audio

Tape Count: 9:07-9:21

__________________________________________________________________

Counsel for both parties appear by phone. Jury trial is set for

three days, January 27, 2016 - January 29, 2016. Jury will be

summoned two weeks prior to trial. Counsel is to send the Jury

Questionnaire one week prior to summons.

JURY TRIAL is scheduled.

Date: 01/27/2016

Time: 09:00 a.m.

Location: DIST. COURT

GRAND COUNTY COURTHOUSE

125 EAST CENTER

MOAB, UT 84532

Before Judge: LYLE R ANDERSON

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JURY TRIAL is scheduled.

Date: 01/28/2016

Time: 09:00 a.m.

Location: DIST. COURT

GRAND COUNTY COURTHOUSE

125 EAST CENTER

MOAB, UT 84532

Before Judge: LYLE R ANDERSON

JURY TRIAL.

Date: 01/29/2016

Time: 09:00 a.m.

Location: DIST. COURT

GRAND COUNTY COURTHOUSE

125 EAST CENTER

MOAB, UT 84532

Before Judge: LYLE R ANDERSON

12-08-15 Filed: Motion Plaintiffs Motion in Limine to Exclude

Prejudicial and Irrelevant Evidence

Filed by: BEDDOES LEE, KYLIE ANN

12-08-15 Filed: Return of Electronic Notification

12-15-15 Filed: Defendants Pretrial Disclosures

12-15-15 Filed: Plaintiffs Pretrial Disclosures

12-15-15 Filed: Return of Electronic Notification

12-15-15 Filed: Return of Electronic Notification

12-18-15 Filed: Opposition to Plaintiffs Motion in Limine to Exclude

Prejudicial and Irrelevant Evidence

12-18-15 Filed: Return of Electronic Notification

12-22-15 Filed: Notice of Appearance of Counsel

12-22-15 Filed: Return of Electronic Notification

12-22-15 Filed: Defendants Proposed Jury Questionnaire

12-22-15 Filed: Return of Electronic Notification

12-28-15 Filed: Plaintiffs Proposed Voir Dire

12-28-15 Filed: Exhibit A to Plaintiffs Proposed Voir Dire

12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Amended Exhibit A Attached to Plaintiffs Proposed Voir

Dire

12-28-15 Filed: Return of Electronic Notification

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12-28-15 Filed return: Return of Service Return of Service Subpoena

Casey Hearne upon CASEY HEARNE for

Party Served: KYLIE ANN BEDDOES LEE

Service Type: Personal

Service Date: December 22, 2015

12-28-15 Filed return: Return of Service Return of Service Lara Prather

Subpoena Attached upon LARA PRATHER for

Party Served: KYLIE ANN BEDDOES LEE

Service Type: Personal

Service Date: December 22, 2015

12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Defendants Amended Proposed Jury Questionnaire and

Notice of Withdrawal of Defendants Proposed Jury Questionnaire

12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Exclude Improper

Character Evidence and Memorandum in Support

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Exclude Certain

Testimony from Trista Birdzell

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Preclude Retile and

Veiled Golden Rule Arguments

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Preclude Argument Re

Any Other Lawsuit Involving Defendants

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Exclude Witnesses

from Testifying at Statute of Limitations Trial

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Preclude Evidence Re

Defendants Liability Insurance

Filed by: MOAB FAMILY MEDICINE PC,

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12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Exclude Evidence of

Claim Against Dr. Dewey

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Motion in Limine Defendants Kenneth Williams, MD and

Moab Family Medicines Motion in Limine to Exclude Evidence Re

Medical Negligence Issues

Filed by: MOAB FAMILY MEDICINE PC,

12-28-15 Filed: Return of Electronic Notification

12-28-15 Filed: Plaintiffs Objection to Defendants Pretrial Disclosures

12-28-15 Filed: Return of Electronic Notification

12-29-15 Filed: Objection to Plaintiffs Proposed Voir Dire

12-29-15 Filed: Return of Electronic Notification

12-30-15 Filed: Motion Stipulated Rule 16(A)(11) Motion for Pretrial

Conference

Filed by: MOAB FAMILY MEDICINE PC,

12-30-15 Filed: Order (Proposed) Granting Stipulated Motion for Pretrial

Conference

12-30-15 Filed: Return of Electronic Notification

12-31-15 Filed: Objection to Plaintiffs Pretrial Disclosures

12-31-15 Filed: Return of Electronic Notification

01-04-16 Filed order: Order Granting Stipulated Motion for Pretrial

Conference

Judge LYLE R ANDERSON

Signed January 04, 2016

01-04-16 Filed: Return of Electronic Notification

01-04-16 TELEPHONIC PRETRIAL CONF scheduled on January 19, 2016 at 03:00

PM in DIST. COURT with Judge ANDERSON.

01-05-16 Filed: Motion Plaintiffs Motion and Attached Memorandum for

Correction of the Record

Filed by: BEDDOES LEE, KYLIE ANN

01-05-16 Filed: Plaintiffs Exhibit 1 Plaintiffs Amended Memorandum in

Opposition to Defendants Motion for Summary Judgment

01-05-16 Filed: Plaintiffs Exhibit 2 - Transcript of Defendants Motion

for Summary Judgment Hearing

01-05-16 Filed: Plaintiffs Exhibit 3 - Depo of Kylie Lee

01-05-16 Filed: Plaintiffs Exhibit 4 - Dr. Dewey Depo

01-05-16 Filed: Plaintiffs Exhibit 5 - Ruling of Defendants Motion for

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

Summary Judgment

01-05-16 Filed: Plaintiffs Exhibit 6 - Order Denying Motion for Summary

Judgment

01-05-16 Filed: Plaintiffs Exhibit 7 - MUJI 2nd CV325

01-05-16 Filed: Return of Electronic Notification

01-06-16 Filed: Jury Instructions Stipulated

01-06-16 Filed: Exhibit 1 - Stipulated Jury Instructions

01-06-16 Filed: Return of Electronic Notification

01-06-16 Filed: Motion Stipulated Motion to Allow Trista Birdzell to

Testify at Trial Via Skype

Filed by: BEDDOES LEE, KYLIE ANN

01-06-16 Filed: Order (Proposed) To Allow Trista Birdzell to Testify at

Trial via Skype

01-06-16 Filed: Return of Electronic Notification

01-06-16 Filed: Return of Electronic Notification

01-07-16 Filed: Jury Instructions Plaintiffs Proposed

01-07-16 Filed: Return of Electronic Notification

01-07-16 Filed: Defendants Disputed Jury Instructions

01-07-16 Filed: Return of Electronic Notification

01-08-16 Filed order: Order To Allow Trista Birdzell to Testify at Trial

via Skype

Judge LYLE R ANDERSON

Signed January 08, 2016

01-08-16 Filed: Return of Electronic Notification

01-11-16 Filed: Opposition to Plaintiffs Motion for Correction of the

Record

01-11-16 Filed: Exhibits A - F

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition to

Defendants Kenneth L. Williams, M.Ds and Moab Family Medicine,

P.Cs Motion in Limine To Exclude Certain Testimony From Trista

Birdzell

01-11-16 Filed: Exhibit A Attached To Plaintiffs Memorandum In

Opposition To Defendants Ketteth L. Williams, M.Ds And Moab

Family Medicine, P.Cs Motion In Limine To Exclude Certain

Testimony From Trista Birdzell

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Kenneth L. Williams, M.Ds And Moab Family Medicine,

P.Cs Motion In Limine To Exclude Certain Witnesses From

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

Testifying At Statute of Limitations Tr

01-11-16 Filed: Exhibit A-F Attached to Plaintiffs Memorandum In

Opposition To Defendants Kenneth L. Williams, M.Ds and Moab

Family Medicine, P.Cs Motion In Limine To Exclude Certain

Witnesses From Testifying At

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Motion In Limine To Exclude Evidence Of Plaintiffs

Claim Against Dr. Dewey

01-11-16 Filed: Exhibits A-B Attached To Plaintiffs Memorandum In

Opposition To Defendants Motion In Limine To Exclude Evidence

Of Plaintiffs Claim Against Dr. Dewey

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Motion In Limine To Exclude Improper Character

Evidence

01-11-16 Filed: Exhibit A Attached To Plaintiffs Memorandum In

Opposition To Defendants Motion In Limine To Exclude Improper

Character Evidence

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Motion In Limine To Preclude Plaintiff From Offering

or Making Any Argument Regarding Any Other Lawsuit

01-11-16 Filed: Exhibit A Attached To Plaintiffs Memorandum In

Opposition To Defendants Motion In Limine To Preclude Plaintiff

From Offering Or Making Any Argument Regarding Any Other

Lawsuit

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Motion In Limine To Preclude Reptile or Veiled

Golden Rule Arguments

01-11-16 Filed: Exhibit A Attached To Plaintiffs Memorandum In

Opposition To Defendants Motion In Limine To Preclude Reptile

And Veiled Golden Rule Arguments

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Amended Plaintiffs Memorandum In Opposition

to Defendants Motion In Limine To Exclude Certain Testimony

From Trista Birdzell

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

01-11-16 Filed: Exhibit A Attached To Amended Plaintiffs Memorandum In

Opposition to Defendants Motion In Limine To Exclude Certain

Testimony From Trista Birdzell

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Amended Memorandum In Opposition

To Defendants Motion In Limine To Exclude Certain Witnesses

01-11-16 Filed: Exhibit A-F Attached to Amended Plaintiffs Memorandum In

Opposition to Defendant Motion In Limine To Exclude Certain

Witnesses

01-11-16 Filed: Return of Electronic Notification

01-11-16 Filed: Memorandum Plaintiffs Memorandum In Opposition To

Defendants Motion In Limine to Exclude Evidence Regarding

Medical Negligence Issues

01-11-16 Filed: Exhibits A-F Attached To Plaintiffs Memorandum In

Opposition To Defendants Motion In Limine To Exclude Evidence

Regarding Medical Negligence Issues

01-11-16 Filed: Return of Electronic Notification

01-15-16 Filed: Reply Memorandum in Support of Defendants Motion in

Limine to Exclude Improper Character Evidence

01-15-16 Filed: Reply Memorandum in Supporting Defendants Motion in

Limine to Exlude Certain Witnesses Testifying at Statute of

Limitations Trial

01-15-16 Filed: Reply Memorandum Supporting Defendants Motion in Limine

to Exclude Evidence of Claim Against Dr. Dewey

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Reply Memorandum Supporting Defendants Motion in Limine

to Preclude Plaintiff Offering Argument RE any other Lawsuit

Involving Defendants

01-15-16 Filed: Reply Memorandum Supporting Defendants Motion in Limine

to Preclude Reptile and Veiled Golden Rule Arguments

01-15-16 Filed: Reply Memorandum Supporting Defendants Motion in Limine

to Exclude Certain Testimony from Trista Birdzell

01-15-16 Filed: Reply Memorandum Supporting Defendants Motion in Limine

to Exclude Evidence Re Medical Negligence Issues

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Request/Notice to Submit Defendants Motions in Limine

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Reply In Support of Plaintiffs Motion For Correction of

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

the Record

01-15-16 Filed: Request/Notice to Submit Plaintiffs Motion for

Correction of the Record

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Motion in Limine AMENDED Defendants Motion in Limine to

Preclude Plaintiff from Alluding or Offering Evidence RE

Defendants Liability Insurance

Filed by: MOAB FAMILY MEDICINE PC,

01-15-16 Filed: Return of Electronic Notification

01-15-16 Filed: Stipulated Juror Questionnaire

01-15-16 Filed: Exhibit 1 - Juror Questionnaire

01-15-16 Filed: Return of Electronic Notification

01-18-16 Filed: Request/Notice to Submit Plaintiffs Motion in Limine to

Exclude Prejudicial and Irrelevant Evidence

01-18-16 Filed: Objection to Plaintiffs Response to Defendants Objection

To Plaintiffs Pretrial Disclosures

01-18-16 Filed: Return of Electronic Notification

01-18-16 Filed: Return of Electronic Notification

01-19-16 Minute Entry - PRETRIAL CONFERENCE

Judge: LYLE R ANDERSON

Clerk: adrienng

PRESENT

Plaintiff(s): KYLIE ANN BEDDOES LEE

Plaintiff's Attorney(s): TYLER S YOUNG

Defendant's Attorney(s): KATHLEEN J ABKE

CATHERINE M LARSON

Audio

Tape Count: 2:54-5:05

__________________________________________________________________

Ms. Lee and Ms. Abke are present by phone. Mr. Young and Ms.

Larson are present in the courtroom.

2:54 - The Court informs the parties it would be preferable to have

the Juror Questionnaire distributed to Jurors the morning of

January 27, 2016.

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

2:59 - Plaintiff's Motion to Correct the Record is argued. The

Court reviews the previous rulings in this case and clarifies the

question of fact to be determined at trial. The Court cautions the

parties that evidence presented at trial must pertain to that

question.

4:02 - Defendant's Motion to Exclude Evidence of Claim Against Dr.

Dewey is argued. The Court reiterates the question of fact and

limits questioning to same.

4:13 - Motions to exclude witnesses are argued. The Court will

allow the plaintiff's husband to testify. The Court will allow

Trista Birdzell to testify. The Court will not allow the

plaintiff's grandfather to testify.

4:25 - The Defendant's Motion to Exclude Medical Negligence Issues

is discussed. Prior rulings and the question of fact are

reiterated. The Court clarifies appropriate limits of discussing

the medical record.

4:52 - Ms. Larson advises of the stipulation reached regarding the

Motion to Preclude Arguments Regarding Any Other Lawsuit Involving

Defendants.

4:56 - Defendant s Motion to Preclude Reptile and Veiled Golden

Rule Arguments is discussed and a stipulation is reached.

4:58 - The Motion to Exclude Improper Character Evidence is

discussed and a stipulation is reached.

5:01 - The Motion to Preclude Prejudicial and Irrelevant Evidence

is discussed and a stipulation is reached.

5:02 - The parties agree that the Stipulated Jury Questionnaire can

be handed out on the morning of January 27, 2016.

01-20-16 Filed: Motion for Reconsideration of Defendants Kenneth L

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CASE NUMBER 130700019 Malpractice

________________________________________________________________________________

Williams, MD and Moab Family Medicine PCs Motion in Limine to

Exclude Evidence Re Medical Negligence Issues and Memorandum in

Support Thereof

Filed by: WILLIAMS, KENNETH L

01-20-16 Filed: Return of Electronic Notification

01-21-16 Filed: Jury Instructions Defendants Proposed Jury Instructions

and Special Verdict Form

01-21-16 Filed: Return of Electronic Notification

01-22-16 Filed: Acceptance of Service of Subpoena to Appear at Trial

01-22-16 Filed: Subpoena to Appear at Trial to Casey Hearne

01-22-16 Filed: Return of Electronic Notification

01-25-16 Fee Account created Total Due: 10.00

01-25-16 Filed: Request for Copy of Audio Record

01-25-16 Filed: Plaintiffs Proposed Special Verdict Form

01-25-16 Filed: Plaintiffs Objection to Defendant Proposed Jury

Instruction and Special Verdict Form

01-25-16 Filed: Return of Electronic Notification

01-26-16 Note: DEF Name changed from KENNETH L MD WILLIAMS

01-26-16 Note: DEF Name changed to KENNETH L WILLIAMS

01-26-16 Filed: Jury Instructions Proposed Additional of Defendant

01-26-16 Filed: Return of Electronic Notification

01-26-16 Filed: Objections of Defendant to Plaintiffs Proposed Special

Verdict Form

01-26-16 Filed: Return of Electronic Notification

02-01-16 **** PRIVATE **** Filed: Randomized Jury List

02-01-16 AUDIO TAPE COPY Account Adjustment Total Due:

0.00

Reason: Attorney did not pick up CD or pay for it.

02-01-16 **** PRIVATE **** Filed: Jury List

02-01-16 Filed: Jury Question #1

02-01-16 Filed: Jury Instructions

02-01-16 Filed: Verdict

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