On May 29, 2020 a
Trial
was filed
involving a dispute between
Bolen, Suzanne,
Newton, Harold,
Newton, Patsy,
and
Enloe Medical Center,
for (35) Unlimited Other non-PI/PD/WD Tort
in the District Court of Butte County.
Preview
Superior Court of California, County of Butte
Minute Order
Newton, Patsy et al vs. Enloe Medical Center 20CV01091
Hearing Type: Jury Trial
15 Day Estimate
Hearing Date: June 07, 2021 at 8:00 AM Location: NC-1; Department 1 -
Tamara L. Mosbarger
Heard by: Hon. Tamara L. Mosbarger, Judge Courtroom Clerk: Theresa Wilson
Court Reporter: Tamara Dawson Court Interpreter: N/A
Appearances:
Enloe Medical Center, Defendant, Representative Robert Zimmerman, Attorney, present
Brenda Boggs, present Ian Scharg, Attorney, present
Suzanne Bolen, Plaintiff, not present Sean Laird, Attorney, present
Harold Newton, Plaintiff, not present Sean Laird, Attorney, present
Patsy Newton, Plaintiff, not present Sean Laird, Attorney, present
Proceedings:
- 8:02 am. The Court convenes with the above counsel and parties, outside the presence of the venire. Court
and counsel are briefly heard regarding scheduling, informally and off the record.
Court indicates staff court reporter is available today, however, advises counsel regarding potential scheduling
conflict on Wednesday, June 9, 2021. The Court inquires if counsel have secured a court reporter for the
balance of trial. Counsel indicate they are working together and don't believe there will be any issues.
8:08 am. Convening on the record with the above counsel and parties present. Counsel are heard in argument
regarding deficiencies and the admissibility of the California Department of Public Health (CDPH) records in
controversy. Court requests to see the material Mr. Laird will be relying on to make the offer of proof.
Counsel are directed to compile one comprehensive list of all potential witnesses to allow those names to be
provided to the venire.
Counsel agree to waive the court reporter for the jury selection process.
Court inquires whether counsel have any specific voir dire questions they would like the Court to give. Counsel
have none.
8:15 am. Court stands in informal recess to allow for the first panel of prospective jurors to be generated.
8:44 am. Court reporter is excused until after the jury has been selected.
9:21 am. The venire is conducted into the courtroom and seated according to their placement on the random
jury list.
9:22 am. The Court reconvenes with the above counsel, parties and the venire present. Court welcomes the
prospective jurors and introduces counsel. Court allows counsel to introduce themselves and their respective
sides.
20CV01091 Minute Order Page 1 of 4
9:26 am. The clerk takes roll.
The Court advises the venire regarding the trial schedule and the nature of the case.
The Court reads the Statement of the Case and advises regarding the burden of proof.
9:33 am. Court conducts voir dire of the prospective jurors seated in the jury box.
9:49 am. The prospective jurors seated in the jury box each give a brief biographic sketch.
10:10 am. Mr. Laird conducts voir dire of the prospective jurors seated in the jury box.
10:30 am. The venire is admonished and excused for recess. Court and counsel are heard informally regarding
prospective jurors and jurors summoned to the Oroville Courthouse. Pursuant to stipulation of counsel, the
Court will excuse jurors #3 and #7 for cause.
10:33 am. Recess.
10:47 am. Reconvening with the above counsel, parties and prospective jurors present and appropriately
seated. Mr. Laird resumes voir dire of the prospective jurors seated in the jury box.
10:52 am. The Court thanks and excuses prospective jurors #3 and #7 for cause. Mr. Zimmerman conducts
voir dire of the prospective jurors seated in the jury box.
11:18 am. Court and counsel confer at bench regarding challenges for cause. The Court thanks and excuses
prospective juror #4 for cause. Counsel conduct peremptory challenges.
11:32 am. Court takes an informal recess to allow additional prospective jurors to be brought into the
courtroom.
11:38 am. Reconvening with the above counsel, parties and the venire present. Seven new additional
prospective jurors are conducted into the courtroom and seated in the jury box.
11:40 am. Court welcomes the prospective jurors and introduces counsel. Court allows counsel to introduce
themselves and their respective sides.
The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the
Statement of the Case and advises regarding the burden of proof.
The Court conducts voir dire of the new prospective jurors. Court thanks and excuses prospective jurors #9
and #1 for cause.
12:00 pm. The venire is admonished, excused for the luncheon recess and directed to return at 1:25 pm.
Court briefly remains in session with counsel and above parties to discuss scheduling.
12:02 pm. Recess.
1:29 pm. Reconvening with the above counsel, parties and the venire present. The Court welcomes one
additional prospective juror and introduces counsel. Court allows counsel to introduce themselves and their
respective sides. The Court conducts voir dire of the new prospective juror.
1:36 pm. The new prospective jurors each give a brief biographic sketch.
1:49 pm. Mr. Laird conducts voir dire of the new prospective jurors.
20CV01091 Minute Order Page 2 of 4
2:03 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors.
2:24 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and
excuses prospective juror in seat #13 for cause.
Counsel conduct peremptory challenges.
2:32 pm. Court stands in informal recess waiting on new prospective jurors to be conducted into the courtroom.
2:36 pm. The Court welcomes four additional prospective jurors and introduces counsel. Court allows counsel
to introduce themselves and their respective sides.
The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the
Statement of the Case and advises regarding the burden of proof.
The Court conducts voir dire of the new prospective jurors.
2:50 pm. The new prospective jurors each give a brief biographic sketch.
2:58 pm. The venire is admonished and excused for recess. Recess.
3:12 pm. Reconvening with the above counsel, parties and the venire present. Mr. Laird conducts voir dire of
the new prospective jurors.
3:25 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors.
3:30 pm. Court and counsel briefly confer at bench regarding challenges for cause. Counsel have no
challenges for cause but stipulate to excuse two prospective jurors for hardship. The Court thanks and
excuses prospective jurors #12 and #13 for hardship.
Counsel conduct peremptory challenges.
3:39 pm. The Court welcomes four additional prospective jurors and introduces counsel. Court allows counsel
to introduce themselves and their respective sides.
The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the
Statement of the Case and advises regarding the burden of proof.
The Court conducts voir dire of the new prospective jurors.
3:47 pm. Court and counsel briefly confer at bench. The new prospective jurors each give a brief biographic
sketch.
3:56 pm. Mr. Laird conducts voir dire of the new prospective jurors.
4:06 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors.
4:14 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and
excuses prospective juror in seat #13 for cause.
Counsel conduct peremptory challenges.
4:20 pm. The clerk administers the Oath to the Jury.
4:23 pm. The Court welcomes four prospective alternate jurors and introduces counsel. Court allows counsel
to introduce themselves and their respective sides.
20CV01091 Minute Order Page 3 of 4
The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the
Statement of the Case and advises regarding the burden of proof.
The Court conducts voir dire of the prospective alternate jurors.
4:32 pm. The prospective alternate jurors each give a brief biographic sketch.
4:36 pm. Mr. Laird conducts voir dire of the prospective alternate jurors.
4:44 pm. Mr. Zimmerman conducts voir dire of the prospective alternate jurors.
4:50 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and
excuses prospective alternate jurors in seat #13, #14 and #15 for cause.
Court and counsel are briefly heard regarding scheduling.
4:56 pm. Court reads the admonition in full and excuses the jury and prospective alternate jurors until
Wednesday
June 9, 2021 at 9:20 am. Court remains in session with counsel parties present to briefly discuss scheduling.
Mr. Zimmerman is briefly heard regarding deficiencies and the admissibility of the California Department of
Public Health (CDPH) records in controversy. Court will allow counsel brief the issue and directs counsel to
return on June 9, 2021 at 8:30 am.
5:02 pm. Court is in recess.
Calendar Settings:
Exhibits:
Disposition:
20CV01091 Minute Order Page 4 of 4
Document Filed Date
June 07, 2021
Case Filing Date
May 29, 2020
Category
(35) Unlimited Other non-PI/PD/WD Tort
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Superior Court of California, County of Butte Minute Order Newton, Patsy et al vs. Enloe Medical Center 20CV01091 Hearing Type: Jury Trial 15 Day Estimate Hearing Date: June 07, 2021 at 8:00 AM Location: NC-1; Department 1 - Tamara L. Mosbarger Heard by: Hon. Tamara L. Mosbarger, Judge Courtroom Clerk: Theresa Wilson Court Reporter: Tamara Dawson Court Interpreter: N/A Appearances: Enloe Medical Center, Defendant, Representative Robert Zimmerman, Attorney, present Brenda Boggs, present Ian Scharg, Attorney, present Suzanne Bolen, Plaintiff, not present Sean Laird, Attorney, present Harold Newton, Plaintiff, not present Sean Laird, Attorney, present Patsy Newton, Plaintiff, not present Sean Laird, Attorney, present Proceedings: - 8:02 am. The Court convenes with the above counsel and parties, outside the presence of the venire. Court and counsel are briefly heard regarding scheduling, informally and off the record. Court indicates staff court reporter is available today, however, advises counsel regarding potential scheduling conflict on Wednesday, June 9, 2021. The Court inquires if counsel have secured a court reporter for the balance of trial. Counsel indicate they are working together and don't believe there will be any issues. 8:08 am. Convening on the record with the above counsel and parties present. Counsel are heard in argument regarding deficiencies and the admissibility of the California Department of Public Health (CDPH) records in controversy. Court requests to see the material Mr. Laird will be relying on to make the offer of proof. Counsel are directed to compile one comprehensive list of all potential witnesses to allow those names to be provided to the venire. Counsel agree to waive the court reporter for the jury selection process. Court inquires whether counsel have any specific voir dire questions they would like the Court to give. Counsel have none. 8:15 am. Court stands in informal recess to allow for the first panel of prospective jurors to be generated. 8:44 am. Court reporter is excused until after the jury has been selected. 9:21 am. The venire is conducted into the courtroom and seated according to their placement on the random jury list. 9:22 am. The Court reconvenes with the above counsel, parties and the venire present. Court welcomes the prospective jurors and introduces counsel. Court allows counsel to introduce themselves and their respective sides. 20CV01091 Minute Order Page 1 of 4 9:26 am. The clerk takes roll. The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the Statement of the Case and advises regarding the burden of proof. 9:33 am. Court conducts voir dire of the prospective jurors seated in the jury box. 9:49 am. The prospective jurors seated in the jury box each give a brief biographic sketch. 10:10 am. Mr. Laird conducts voir dire of the prospective jurors seated in the jury box. 10:30 am. The venire is admonished and excused for recess. Court and counsel are heard informally regarding prospective jurors and jurors summoned to the Oroville Courthouse. Pursuant to stipulation of counsel, the Court will excuse jurors #3 and #7 for cause. 10:33 am. Recess. 10:47 am. Reconvening with the above counsel, parties and prospective jurors present and appropriately seated. Mr. Laird resumes voir dire of the prospective jurors seated in the jury box. 10:52 am. The Court thanks and excuses prospective jurors #3 and #7 for cause. Mr. Zimmerman conducts voir dire of the prospective jurors seated in the jury box. 11:18 am. Court and counsel confer at bench regarding challenges for cause. The Court thanks and excuses prospective juror #4 for cause. Counsel conduct peremptory challenges. 11:32 am. Court takes an informal recess to allow additional prospective jurors to be brought into the courtroom. 11:38 am. Reconvening with the above counsel, parties and the venire present. Seven new additional prospective jurors are conducted into the courtroom and seated in the jury box. 11:40 am. Court welcomes the prospective jurors and introduces counsel. Court allows counsel to introduce themselves and their respective sides. The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the Statement of the Case and advises regarding the burden of proof. The Court conducts voir dire of the new prospective jurors. Court thanks and excuses prospective jurors #9 and #1 for cause. 12:00 pm. The venire is admonished, excused for the luncheon recess and directed to return at 1:25 pm. Court briefly remains in session with counsel and above parties to discuss scheduling. 12:02 pm. Recess. 1:29 pm. Reconvening with the above counsel, parties and the venire present. The Court welcomes one additional prospective juror and introduces counsel. Court allows counsel to introduce themselves and their respective sides. The Court conducts voir dire of the new prospective juror. 1:36 pm. The new prospective jurors each give a brief biographic sketch. 1:49 pm. Mr. Laird conducts voir dire of the new prospective jurors. 20CV01091 Minute Order Page 2 of 4 2:03 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors. 2:24 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and excuses prospective juror in seat #13 for cause. Counsel conduct peremptory challenges. 2:32 pm. Court stands in informal recess waiting on new prospective jurors to be conducted into the courtroom. 2:36 pm. The Court welcomes four additional prospective jurors and introduces counsel. Court allows counsel to introduce themselves and their respective sides. The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the Statement of the Case and advises regarding the burden of proof. The Court conducts voir dire of the new prospective jurors. 2:50 pm. The new prospective jurors each give a brief biographic sketch. 2:58 pm. The venire is admonished and excused for recess. Recess. 3:12 pm. Reconvening with the above counsel, parties and the venire present. Mr. Laird conducts voir dire of the new prospective jurors. 3:25 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors. 3:30 pm. Court and counsel briefly confer at bench regarding challenges for cause. Counsel have no challenges for cause but stipulate to excuse two prospective jurors for hardship. The Court thanks and excuses prospective jurors #12 and #13 for hardship. Counsel conduct peremptory challenges. 3:39 pm. The Court welcomes four additional prospective jurors and introduces counsel. Court allows counsel to introduce themselves and their respective sides. The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the Statement of the Case and advises regarding the burden of proof. The Court conducts voir dire of the new prospective jurors. 3:47 pm. Court and counsel briefly confer at bench. The new prospective jurors each give a brief biographic sketch. 3:56 pm. Mr. Laird conducts voir dire of the new prospective jurors. 4:06 pm. Mr. Zimmerman conducts voir dire of the new prospective jurors. 4:14 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and excuses prospective juror in seat #13 for cause. Counsel conduct peremptory challenges. 4:20 pm. The clerk administers the Oath to the Jury. 4:23 pm. The Court welcomes four prospective alternate jurors and introduces counsel. Court allows counsel to introduce themselves and their respective sides. 20CV01091 Minute Order Page 3 of 4 The Court advises the venire regarding the trial schedule and the nature of the case. The Court reads the Statement of the Case and advises regarding the burden of proof. The Court conducts voir dire of the prospective alternate jurors. 4:32 pm. The prospective alternate jurors each give a brief biographic sketch. 4:36 pm. Mr. Laird conducts voir dire of the prospective alternate jurors. 4:44 pm. Mr. Zimmerman conducts voir dire of the prospective alternate jurors. 4:50 pm. Court and counsel briefly confer at bench regarding challenges for cause. The Court thanks and excuses prospective alternate jurors in seat #13, #14 and #15 for cause. Court and counsel are briefly heard regarding scheduling. 4:56 pm. Court reads the admonition in full and excuses the jury and prospective alternate jurors until Wednesday June 9, 2021 at 9:20 am. Court remains in session with counsel parties present to briefly discuss scheduling. Mr. Zimmerman is briefly heard regarding deficiencies and the admissibility of the California Department of Public Health (CDPH) records in controversy. Court will allow counsel brief the issue and directs counsel to return on June 9, 2021 at 8:30 am. 5:02 pm. Court is in recess. Calendar Settings: Exhibits: Disposition: 20CV01091 Minute Order Page 4 of 4