On May 15, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Slamer, Christopher,
Slamer, Jennifer,
and
Ecolab Equipment Care Gcs Service,
Ecolab, Inc.,
Gcs Service Inc,
Gcs Service, Inc.,
Kaiser Foundation Health Plan, Inc.,
Kaiser Foundation Hospital,
Kaiser Foundation Hospitals,
Kaiser Foundation Hospitals, Inc.,
Kaiser Permanente, Inc.,
Kaiser Permanente International, Inc.,
Kaiser Permanente Ventures, Llc,
Permanente Medical Group,
Southern California Permanente Medical Group,
Southern California Permanente Medical Group, Inc.,
for Product Liability Unlimited
in the District Court of San Bernardino County.
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LEWIS BRISBOIS BISGAARD & SMITH LLP
RYAN L. NILSEN, SB# 310642 SUPER’O R
F
E-Mail: Ryan.Nilsen@lewisbrisbois.com L;
PALOMA MORENO-ACOSTA, SB# 310766
I.
SAN
E-Mail: Paloma.Moreno-Acosta@lewisbrisbois.com
550 West C Street, Suite 1700
San Diego, California 92101
Telephone: 619.233.1006
Fac51mile: 619.233.8627
\DWQONUIhMNH
Attorneys for Defendant ECOLAB INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
JENNIFER SLAMER and CASE NO. CIVDS 1 709 1 31
CHRISTOPHER SLAMER,
DEFENDANT ECOLAB INC.’S
Plaintiffs, NOTICE OF MOTION AND MOTION
IN LIMINE NO. 6 TO PRECLUDE
VS. TESTIMONY FROM EMPLOYEES
OF UNRELATED HOSPITALS THAT
ECOLAB INC.; KAISER FOUNDATION DO NOT USE OXYCIDE,
HEALTH PLAN, INC.; KAISER MEMORANDUM OF POINTS AND
FOUNDATION HOSPITALS, INC.; AND AUTHORITIES; DECLARATION OF
DOES 1 - 100 inclusive, RYAN L. NILSEN
Defendants.
[The Hon. Thomas S. Garza, Dept. 827]
Action Filed: May 15, 2017
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Trial Date: Januarv 9. 2023
NNNNNNNNNI—tu—IHHHHI—AHH—
TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS
OF RECORD HEREIN:
Defendant ECOLAB INC. moves the Court for an Order in limine precluding
Plaintiffs from presenting deposition testimony from employees of hospitals that do not use
OxyCide, specifically, testimony from Melissa Bown, Dana Francis, Hala Nashed, Sarah
Cairney, Eddy Evans, Nicole Haddad, Wilfredo Melendez, and any other related witness.
These witnesses worked at unrelated hospitals (e.g., Eisenhower Hospital, Loma Linda
University Hospital, Arrowhead Regional Medical Center, Riverside University Hospital)
and did not use OxyCide as a cleaning disinfectant. Presumably, Plaintiffs would call these
LEWIS
BRISBOIS
BiseAARD 4870-7006-7266.2
1
&9vrn-I uP
AITORNEYS AT LAW DEFENDANT ECOLAB INC.’S MOTION IN LIMNE NO. 6
€33
(“SIR”) for Clostridium difficz‘le (“C.
witnesses to introduce the Standardized Infection Rates
diff”) infections using cleaning and disinfection products other than OxyCide. However,
none of the witnesses could lay foundation for the SIRS, nor does the SIRS from these
unrelated hospitals have any relevance to the jury’s determination whether
OxyCide is
OWQQUIBOJNH
defective. Such testimony will necessitate undue consumption of time, create undue
prejudice, confuse the issues, and mislead the jury. Introducing the testimony
would require
mini—trials 0n each location’s practices, which are Wholly unrelated to Plaintiff and the
hospital where she worked.
This Motion is based upon the Memorandum of Points and Authorities accompanying
this Motion, the Declaration of Ryan L. Nilsen, the papers and files on record herein, and 0n
such oral and documentary evidence as may be presented at the hearing of this Motion.
DATED: December 28, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
By:
Z“ ML
RYAN L. NILSEN
PALOMA MORENO-ACOSTA
I.
Attorneys for Defendant, ECOLAB INC.
mummfimNI—ewmqam-kmNh—Ic
NNNNNNNNNHI—HHHI—AHHHH
LEWIS
BRISBOIS
BlseAARD 4870-7006—7266.2 2
&SMH-I
AfiORNEW
LLP
AT LAW
DEFENDANT ECOLAB INC.’S MOTION IN LIMINE NO. 6
Document Filed Date
December 29, 2022
Case Filing Date
May 15, 2017
Category
Product Liability Unlimited
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LEWIS BRISBOIS BISGAARD & SMITH LLP RYAN L. NILSEN, SB# 310642 SUPER’O R F E-Mail: Ryan.Nilsen@lewisbrisbois.com L; PALOMA MORENO-ACOSTA, SB# 310766 I. SAN E-Mail: Paloma.Moreno-Acosta@lewisbrisbois.com 550 West C Street, Suite 1700 San Diego, California 92101 Telephone: 619.233.1006 Fac51mile: 619.233.8627 \DWQONUIhMNH Attorneys for Defendant ECOLAB INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO JENNIFER SLAMER and CASE NO. CIVDS 1 709 1 31 CHRISTOPHER SLAMER, DEFENDANT ECOLAB INC.’S Plaintiffs, NOTICE OF MOTION AND MOTION IN LIMINE NO. 6 TO PRECLUDE VS. TESTIMONY FROM EMPLOYEES OF UNRELATED HOSPITALS THAT ECOLAB INC.; KAISER FOUNDATION DO NOT USE OXYCIDE, HEALTH PLAN, INC.; KAISER MEMORANDUM OF POINTS AND FOUNDATION HOSPITALS, INC.; AND AUTHORITIES; DECLARATION OF DOES 1 - 100 inclusive, RYAN L. NILSEN Defendants. [The Hon. Thomas S. Garza, Dept. 827] Action Filed: May 15, 2017 mqam&th-AO\DOO\IGKUIAUJNH¢ Trial Date: Januarv 9. 2023 NNNNNNNNNI—tu—IHHHHI—AHH— TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: Defendant ECOLAB INC. moves the Court for an Order in limine precluding Plaintiffs from presenting deposition testimony from employees of hospitals that do not use OxyCide, specifically, testimony from Melissa Bown, Dana Francis, Hala Nashed, Sarah Cairney, Eddy Evans, Nicole Haddad, Wilfredo Melendez, and any other related witness. These witnesses worked at unrelated hospitals (e.g., Eisenhower Hospital, Loma Linda University Hospital, Arrowhead Regional Medical Center, Riverside University Hospital) and did not use OxyCide as a cleaning disinfectant. Presumably, Plaintiffs would call these LEWIS BRISBOIS BiseAARD 4870-7006-7266.2 1 &9vrn-I uP AITORNEYS AT LAW DEFENDANT ECOLAB INC.’S MOTION IN LIMNE NO. 6 €33 (“SIR”) for Clostridium difficz‘le (“C. witnesses to introduce the Standardized Infection Rates diff”) infections using cleaning and disinfection products other than OxyCide. However, none of the witnesses could lay foundation for the SIRS, nor does the SIRS from these unrelated hospitals have any relevance to the jury’s determination whether OxyCide is OWQQUIBOJNH defective. Such testimony will necessitate undue consumption of time, create undue prejudice, confuse the issues, and mislead the jury. Introducing the testimony would require mini—trials 0n each location’s practices, which are Wholly unrelated to Plaintiff and the hospital where she worked. This Motion is based upon the Memorandum of Points and Authorities accompanying this Motion, the Declaration of Ryan L. Nilsen, the papers and files on record herein, and 0n such oral and documentary evidence as may be presented at the hearing of this Motion. DATED: December 28, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP By: Z“ ML RYAN L. NILSEN PALOMA MORENO-ACOSTA I. Attorneys for Defendant, ECOLAB INC. mummfimNI—ewmqam-kmNh—Ic NNNNNNNNNHI—HHHI—AHHHH LEWIS BRISBOIS BlseAARD 4870-7006—7266.2 2 &SMH-I AfiORNEW LLP AT LAW DEFENDANT ECOLAB INC.’S MOTION IN LIMINE NO. 6