Debra Namonske, Administrator Vs. Univar Solutions Usa, Inc., Et Al.

CMC BY PHONE HELD 12/29/2022. COUNSEL FOR THE RESPECTIVE PARTIES PARTICIPATED AND PROVIDED THE COURT WITH AN UPDATE ON THIS CASE. THE PARTIES AGREE TO THE FOLLOWING: DISCOVERY TO BE COMPLETED BY 05/01/2023. PLAINTIFF'S EXPERT REPORT DUE 06/01/2023. DEFENSE EXPERT REPORT DUE 08/01/2023. DISPOSITIVE MOTIONS DUE ON OR BEFORE 08/10/2023. FINAL PRETRIAL SET FOR 10/04/2023 AT 01:00 PM. COURTROOM 16-C. ALL PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PRESENT. TRIAL BY JURY SET FOR 11/01/2023 AT 09:00 AM. COURTROOM 16-C. MOTIONS IN LIMINE TO BE SUBMITTED 15 DAYS PRIOR TO TRIAL. BRIEFS IN OPPOSITION TO BE FILED 7 DAYS FOLLOWING THE FILING OF A MOTION IN LIMINE. TRIAL BRIEFS AND JURY INSTRUCTIONS TO BE SUBMITTED 7 DAYS PRIOR TO TRIAL. PARTIES SHOULD LABEL ALL EXHIBITS FOR TRIAL AND INDICATE ANY JOINT EXHIBITS ACCORDINGLY. PARTIES SHOULD PROVIDE THE COURT WITH A BINDER OF ALL EXHIBITS FOR TRIAL. NOTICE ISSUED

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME, UNTIL OCTOBER 20, 2023, IN WHICH TO FILE HER BRIEFS IN OPPOSITION TO THE SUMMARY JUDGMENT MOTIONS ON: 1) PUNITIVE DAMAGES AND 2) LIABILITY, FILED 10/05/2023, IS GRANTED. BRIEFS IN OPPOSITION DUE 10/20/2023. NOTICE ISSUED

NOTICE OF TRANSCRIPT FILED P1 DEBRA NAMONSKE, DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING DEPOSITION OF VINCENT J. CRONIN, TAKEN SEPTEMBER 27, 2023

NOTICE OF DEPOSITION OF DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) FILED NOTICE OF DEPOSITION OF PLAINTIFF

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PUNITIVE DAMAGES CLAIMS WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD, AND MEDICAL RECORDS, FILED 09/08/2023, IS DENIED. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON LIABILITY WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD AND MEDICAL RECORDS, FILED 09/08/2023, IS DENIED. DEFENDANTS' MOTION TO STRIKE AFFIDAVIT OF MARK DWENGER, FILED 11/27/2023, IS DENIED. NOTICE ISSUED

PLAINTIFF'S MOTION FOR PERMISSION TO APPEAR PRO HAC VICE, FILED 09/28/2023, IS GRANTED. ATTORNEY JUSTIN KAUFMAN SHALL BE ADMITTED PRO HAC VICE AS ONE OF THE ATTORNEYS FOR PLAINTIFF. ATTORNEY KAUFMAN SHALL FILE A COPY OF THIS ORDER WITH THE OFFICE OF ATTORNEY SERVICES FOR THE SUPREME COURT OF OHIO WITHIN 30 DAYS OF JOURNALIZATION OF THIS ENTRY. NOTICE ISSUED

MOTION FILED FOR P1 DEBRA NAMONSKE DAVID M PARIS 0001358 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE 10/27/2022 - GRANTED

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF EXPERT CHARLES E. VEPPERT

DEFENDANTS' MOTION AND MEMORANDUM IN SUPPORT TO APPOINT SPECIAL PROCESS SERVER, FILED 04/27/2023, IS GRANTED. IT IS HEREBY ORDERED THAT GREGORY DUKE, BE APPOINTED AS SPECIAL PROCESS SERVER FOR THE PURPOSE OF EFFECTING SERVICE OF PROCESS IN THE ABOVE-CAPTIONED CASE UPON KANSHI RAM AND HIS EMPLOYER FREEDOM TRUCKING, INC. IT IS SO ORDERED. NOTICE ISSUED

SUBPOENA SERVICE RETURN FILED FREEDON TRUCKING, INC, DAVID J FAGNILLI (0032930) NOTICE OF SUBPOENA SERVICE RETURN FREEDOM TRUCKING, INC.

BRIEF IN OPPOSITION FILED BY P1 DEBRA NAMONSKE DAVID M PARIS 0001358 PLAINTIFFS BRIEF IN OPPOSITION TO DEFENDANT UNIVAR SOLUTIONS, INC.'S AND TODD THOENEN'S MOTION FOR SUMMARY JUDGMENT ON LIABILITY AFFIDAVITS OF DAVID STOPPER AND EDWARD TUREK

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF EXPERT DR. FRED W. TUREK WITH SUBPOENA DUCES TECUM

MOTION FOR EXTENSION OF TIME DEFENDANTS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF 11/08/2023 - GRANTED

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF EXPERT VINCENT J. CRONIN

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PUNITIVE DAMAGES CLAIMS WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD, AND MEDICAL RECORDS 12/01/2023 - DENIED

NOTICE OF TRANSCRIPT FILED P1 DEBRA NAMONSKE, DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING DEPOSITION OF ANDREW SLIWOSKI, TAKEN APRIL 11, 2023

PLAINTIFF DEBRA NAMOSKE'S MOTION FOR PERMISSION FOR LOUIE J. COOK TO APPEAR PRO HAC VICE, FILED 10/21/2022, IS GRANTED. ATTORNEY LOUIE J. COOK SHALL BE ADMITTED PRO HAC VICE AS ONE OF THE ATTORNEYS FOR PLAINTIFF. ATTORNEY COOK SHALL FILE A COPY OF THIS ORDER WITHIN 30 DAYS WITH THE OFFICE OF ATTORNEY SERVICE FOR THE SUPREME COURT OF OHIO. NOTICE ISSUED

BRIEF IN OPPOSITION FILED BY P1 DEBRA NAMONSKE DAVID M PARIS 0001358 PLAINTIFF'S BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF UNIVAR SOLUTIONS USA, INC. AND TODD THOENEN ON PUNITIVE DAMAGES CLAIM, AFFIDAVITS OF DAVID STOPPER AND EDWARD TUREK

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF TROOPER ANDREW SLIWOSKI WITH SUBPOENA DUCES TECUM

WAIVER OF SERVICE OF SUMMONS RETURNED SIGNED ON 10/18/2022 WAIVER OF SERVICE FOR DEFENDANTS UNIVAR SOLUTIONS USA, INC. AND TODD THOENEN

WAIVER OF SER. OF SUM. REQUEST(48765207) SENT BY PLAINTIFF. TO: UNIVAR SOLUTIONS USA, INC. 3075 HIGHLAND PKWY DOWERS GROVE, IL 60515

JOINT MOTION TO CONTINUE TRIAL DATE, FILED 08/07/2023, IS GRANTED. DISPOSITIVE MOTIONS DUE BY 09/08/2023. TRIAL DATE TO BE UPDATED IN SUBSEQUENT ENTRY. A TELEPHONE CONFERENCE IS SET AS FOLLOWS: TELEPHONE CONFERENCE SET FOR 08/16/2023 AT 09:45 AM. PLAINTIFF IS TO INITIATE THE CONFERENCE CALL TO DEFENDANT(S), THEN TO THE COURT'S STAFF ATTORNEY AT (216) 443-8674. NOTICE ISSUED

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF EXPERT DR. FRED W. TUREK WITH SUBPOENA DUCES TECUM

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF TROOPER ANDREW SLIWOSKI WITH SUBPOENA DUCES TECUM

NOTICE FILED BY P1 DEBRA NAMONSKE ATTORNEY DAVID M PARIS 0001358 NOTICE OF SERVICE OF DISCOVERY

REPLY BRIEF FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) DAVID J FAGNILLI 0032930 DEFENDANTS' REPLY TO PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PUNITIVE DAMAGES CLAIM

D1 UNIVAR SOLUTIONS USA, INC.'S MOTION FOR CONTINUANCE DAVID J FAGNILLI 0032930. ^F^ 08/08/2023 - GRANTED

ANSWER FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) ATTORNEY DAVID J FAGNILLI 0032930 JOINT ANSWER OF DEFENDANTS UNIVAR SOLUTIONS USA, INC. AND TODD THOENEN

TELEPHONE CONFERENCE HELD 08/16/2023. COUNSEL FOR THE RESPECTIVE PARTIES PARTICIPATED. THE PARTIES AGREE TO THE FOLLOWING: FINAL PRETRIAL SET FOR 12/04/2023 AT 01:00 PM. COURTROOM 16-C. ALL PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PRESENT. TRIAL BY JURY SET FOR 01/08/2024 AT 09:00 AM. COURTROOM 16-C. MOTIONS IN LIMINE TO BE SUBMITTED 15 DAYS PRIOR TO TRIAL. BRIEFS IN OPPOSITION TO BE FILED 7 DAYS FOLLOWING THE FILING OF A MOTION IN LIMINE. TRIAL BRIEFS AND JURY INSTRUCTIONS TO BE SUBMITTED 7 DAYS PRIOR TO TRIAL. PARTIES SHOULD LABEL ALL EXHIBITS FOR TRIAL AND INDICATE ANY JOINT EXHIBITS ACCORDINGLY. PARTIES SHOULD PROVIDE THE COURT WITH A BINDER OF ALL EXHIBITS FOR TRIAL. NOTICE ISSUED

MOTION FILED FOR P1 DEBRA NAMONSKE DAVID M PARIS 0001358 MOTION FOR PERMISSION TO APPEAR PRO HAC VICE 09/28/2023 - GRANTED

NOTICE FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) ATTORNEY DAVID J FAGNILLI 0032930 DEFENDANTS' NOTICE OF EXPERT DISCLOSURE

NOTICE FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) ATTORNEY DAVID J FAGNILLI 0032930 DEFENDANTS' SUPPLEMENTAL NOTICE OF EXPERT DISCLOSURE

NOTICE FILED BY P1 DEBRA NAMONSKE ATTORNEY DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING OF EXHIBIT D - MARK DWENGER'S NOTARIZED AFFIDAVIT IN SUPPORT OF PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT UNIVAR SOLUTIONS, INC.'S AND TODD THOENEN'S MOTION FOR SUMMARY JUDGMENT ON LIABILITY AND PLAINTIFF'S BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF UNIVAR SOLUTIONS USA, INC. AND TODD THOENEN ON PUNITIVE DAMAGES CLAIM

MOTION FILED FOR P1 DEBRA NAMONSKE DAVID M PARIS 0001358 MOTION TO EXCLUDE DR. JEFFERY HICKMAN'S TESTIMONY REGARDING AREA OF IMPACT, POSITION OF VEHICLES, AND SHAWN MOORE 12/16/2023 - UNKNOWN

MOTION FOR EXTENSION OF TIME DEFENDANTS' AMENDED SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF 11/08/2023 - GRANTED

MOTION TO APPOINT SPECIAL PROCESS SERVER. DEFENDANTS' MOTION AND MEMORANDUM IN SUPPORT TO APPOINT SPECIAL PROCESS SERVER 05/01/2023 - GRANTED

NOTICE FILED BY P1 DEBRA NAMONSKE ATTORNEY DAVID M PARIS 0001358 NOTICE OF SERVICE OF DISCOVERY RESPONSES

NOTICE OF TRANSCRIPT FILED P1 DEBRA NAMONSKE, DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING DEPOSITION OF DAVID STOPPER, TAKEN SEPTEMBER 18, 2023

NOTICE OF FILING OF SUBPOENA FILED $2 TROOPER ANDREW SLIWOSKI #1422, LOUIE J. COOK (9006893) SUBPOENA ISSUED TO TROOPER ANDREW SLIWOSKI

NOTICE FILED BY P1 DEBRA NAMONSKE ATTORNEY DAVID M PARIS 0001358 NOTICE OF SERVICE OF DISCOVERY RESPONSES

PLAINTIFF'S NOTICE OF FILING FLASH DRIVE CONTAINING PLAINTIFF'S EXHIBIT 33 (AKA EX 11 TO AFFIDAVIT OF LOUIE COOK) WHICH IS A VIDEO MARKED AT THE DEPOSITION OF JAMES CHAMBERLAIN, TAKEN ON MARCH 10, 2023

NOTICE OF TRANSCRIPT FILED P1 DEBRA NAMONSKE, DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING DEPOSITION OF TODD THOENEN, TAKEN MARCH 8, 2023

CASE FILED: COMPLAINT

MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF 10/25/2023 - GRANTED

SUBPOENA SERVICE RETURN FILED CHARTER COMMUNICATIONS, INC. C/O SPECTRUM MOBILE; ATTN: LEGAL RESPONSE OPERATIONS CENTER, DAVID M PARIS (0001358) PLAINTIFF'S NOTICE OF SERVICE OF SUBPOENA

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF EXPERT JEFFREY S. HICKMAN

DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF, FILED 10/24/2023, IS GRANTED. REPLY BRIEF DUE 11/10/2023. NOTICE ISSUED

NOTICE OF DEPOSITION OF DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) FILED DEFENDANTS' NOTICE OF VIDEOTAPED DEPOSITIONS

MOTION FILED FOR DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) DAVID J FAGNILLI 0032930 DEFENDANTS' MOTION TO STRIKE AFFIDAVIT OF MARK DWENGER 12/01/2023 - DENIED

MOTION FOR EXTENSION OF TIME MOTION FOR EXTENSION OF DISCOVERY DEADLINE 04/12/2023 - UNOPPOSED AND GRANTED

NOTICE FILED BY P1 DEBRA NAMONSKE ATTORNEY DAVID M PARIS 0001358 NOTICE OF SERVICE OF DISCOVERY RESPONSES

NOTICE OF TRANSCRIPT FILED P1 DEBRA NAMONSKE, DAVID M PARIS 0001358 PLAINTIFF'S NOTICE OF FILING DEPOSITION OF JAMES CHAMBERLAIN, TAKEN MARCH 10, 2023

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF TODD THOENEN

DEFENDANT'S NOTICE OF FILING OF VIDEO EVIDENCE (ENVELOPE ATTACHED) FILED BY DEFENDANT

SUBPOENA SERVICE RETURN FILED TROOPER ANDREW SLIWOSKI, #1422, OHIO STATE HIGHWAY PATROL, DAVID M PARIS (0001358) PLAINTIFF'S NOTICE OF SERVICE OF SUBPOENA

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S AMENDED NOTICE OF DEPOSITION OF EXPERT DAVID STOPPER WITH SUBPOENA DUCES TECUM

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON LIABILITY WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD AND MEDICAL RECORDS 12/01/2023 - DENIED

NOTICE FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) ATTORNEY DAVID J FAGNILLI 0032930 DEFENDANTS' NOTICE OF SERVICE OF DISCOVERY

REPLY BRIEF FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) DAVID J FAGNILLI 0032930 DEFENDANTS' REPLY TO PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANTS' MOTION OR SUMMARY JUDGMENT ON LIABILITY

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) DAVID J FAGNILLI 0032930 BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION TO EXCLUDE DR. JEFFREY HICKMAN'S TESTIMONY REGARDING AREA OF IMPACT, POSITION OF VEHICLES, AND SHAWN MOORE

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF EXPERT DAVID STOPPER WITH SUBPOENA DUCES TECUM

DEFENDANTS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF, FILED 11/08/2023, IS GRANTED. DEFENDANTS' REPLY BRIEF IS DUE 11/17/2023. NOTICE ISSUED

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF UNIVAR SOLUTIONS USA, INC.'S CORPORATE REPRESENTATIVE, JAMES CHAMBERLAIN

NOTICE OF DEPOSITION OF P1 DEBRA NAMONSKE FILED PLAINTIFF'S NOTICE OF DEPOSITION OF TROOPER ANDREW SLIWOSKI WITH SUBPOENA DUCES TECUM

NOTICE OF FILING OF SUBPOENA FILED $2 VERIZON ATTN: VSAT, LOUIE J. COOK (9006893) SUBPOENA FOR VERIZON

CMC BY PHONE SET FOR 12/29/2022 AT 10:45 AM PLAINTIFF IS TO INITIATE THE CONFERENCE CALL TO DEFENDANT(S), THEN TO THE COURT'S STAFF ATTORNEY AT (216) 443-8674. NOTICE ISSUED

NOTICE OF APPEARANCE, FILED DEFENDANT(S) UNIVAR SOLUTIONS USA, INC.(D1) and TODD THOENEN(D2) DAVID J FAGNILLI 0032930. NOTICE OF APPEARANCE OF COUNSEL

UPON NOTIFICATION TO THIS COURT BY COUNSEL, THIS MATTER IS HEREBY REMOVED FROM THE COURT'S ACTIVE DOCKET. THIS COURT RETAINS JURISDICTION UNTIL FILING OF FINAL ENTRY. ALL PENDING CASE MANAGEMENT DATES ARE HEREBY CANCELED. PARTIES SHALL SUBMIT A FINAL NOTICE OF DISMISSAL WITH INSTRUCTIONS AS TO COURTS WITHIN 90 DAYS OF JOURNALIZATION OF THIS ENTRY. COURT COST ASSESSED AS DIRECTED. NOTICE ISSUED

SUBPOENA SERVICE RETURN FILED KANSHI RAM, DAVID J FAGNILLI (0032930) NOTICE OF SUBPOENA SERVICE RETURN KANSHI RAM

DEFENDANT'S MOTION FOR EXTENSION OF DISCOVERY DEADLINE, FILED 04/10/2023, IS UNOPPOSED AND GRANTED. FACT DISCOVERY CUTOFF IS EXTENDED TO 07/01/2023. ALL OTHER DATES AND ORDERS REMAIN IN EFFECT. NOTICE ISSUED

MOTION FOR EXTENSION OF TIME PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME, UNTIL OCTOBER 20, 2023, IN WHICH TO FILE HER BRIEFS IN OPPOSITION TO THE SUMMARY JUDGMENT MOTIONS ON: 1) PUNITIVE DAMAGES AND 2) LIABILITY 10/10/2023 - GRANTED

DEFENDANTS' AMENDED SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF, FILED 11/08/2023, IS GRANTED. DEFENDANTS UNIVAR SOLUTIONS USA, INC. AND TODD THOENEN ARE GRANTED UNTIL 12/01/2023 TO REPLY TO PLAINTIFF'S BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF UNIVAR SOLUTIONS, USA, INC. AND TODD THOENEN ON PUNITIVE DAMAGES CLAIM AND PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT UNIVAR SOLUTIONS, INC.'S AND TODD THOENEN'S MOTION FOR SUMMARY JUDGMENT ON LIABILITY. NOTICE ISSUED

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON LIABILITY WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD AND MEDICAL RECORDS

MOTION FOR SUMMARY JUDGMENT FILED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PUNITIVE DAMAGES CLAIMS WITH ATTACHED AFFIDAVITS OF TODD THOENEN; JAMES CHAMBERLAIN; JEFFREY HICKMAN, PHD, AND MEDICAL RECORDS