Preview
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NO.:
285304 FOR COURT USE ONLY
NAME: Jan A. Scharg
FIRM NAME: Schuering Zimmerman & Doyle, LLP
STREET ADDRESS: 400 University Avenue
CITY: Sacramento STATE: CA ZIP CODE: 95825 F Superior Court of California” F
TELEPHONE NO.: (916) 567-0400 FAX NO.: (916) 568-0400 Zounty of Butte
E-MAIL ADDRESS: ias@szs.com |
ATTORNEY FOR (name): Enloe Medical Center
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF L 1/18/2022
BUTTE
STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS: 1775 Concord Avenue D rif Elmaliah,
CITY AND ZIP CODE: Chico, CA 95928 Deputy
BRANCH NAME: North Butte County Courthouse ohic!
PLAINTIFF/PETFHONER: PATSY NEWTON ET AL.
DEFENDANT/RESPONDENT: ENLOE MEDICAL CENTER
OTHER PARENT/ PARTY:
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE) 20-cv-01091
COURT OF APPEAL CASE NUMBER [if known):
RE: Appeal filed on (date):
12/7/2021 and 12/28/21 C095324
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
| choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court
(check a, b, c, or d, and fill in any required information):
a & A clerk's transcript under rule 8.122 (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages
2 and 3 of this form.)
(*) Bl | will pay the superior court clerk for this transcript myself when | receive the clerk’s estimate of the costs of this
transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
eq | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost.
submitted the following document with this notice designating the record (check (a) or (b)):
| have
(a) Oo An order granting a waiver of court fees and costs under rule 3.50-3.58.; or
(b) Oo An application for a waiver of court fees and costs under rule 3.50-3.58. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.
b. oO An appendix under rule 8.124.
c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Distncts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript;
you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original
superior court file instead of a clerk’s transcript in this case. Attach a copy of this stipulation.)
4.7 An agreed statement under rule 8.134 (You must complete item 2b(2) below and attach to your agreed statement copies
of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).)
2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
| choose to proceed (you must check a or b below):
aa WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. | understand that
without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was
said during those proceedings in deciding whether an error was made in the superior court proceedings.
Page 1 of4
Form Approved for Optional Use Cal. Rules of Cour, rules 3.50,
Judicial Council of Catifornia APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 8.121-8.124, 8.128, 8.130, 8.134, 8.137
APP.003 [Rev, January 1, 2019] (Unlimited Civil Case) www courts.ca.gov
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Newton et al. v. Enloe Medical Center 20-cv-01091
2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4
of this form.) | have (check all that apply):
(a) {&] Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit
with this notice as provided in Rule 8.130(b)(1).
(b) Oo Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(C) [1] Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)):
D allofthe designated proceedings.
(i) oO part of the designated proceedings.
(@) [ Attached a certified transcript under rule 8.130(b)(3)(C).
(2) OO Aan agreed statement. (Check and complete either (a) or (b) below.)
(@) [1 Ihave attached an agreed statement to this notice.
(b) Oo All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this
Stipulation to this notice.) | understand that, within 40 days after |file the notice of appeal, | must file either the
agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice
designating the record on appeal.
(3) C0 A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement
section (item 6) on page 4.)
(a) D0 The oral proceedings in the superior court were not reported by a court reporter.
(b) oO The oral proceedings in the superior court were reported by a court reporter, but | have an order waiving fees
and costs.
(c) oO | am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file
the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to
prepare the motion.)
3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT
o | request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
[ Title of Administrative Proceeding ] [ Date or Dates J
4. NOTICE DESIGNATING CLERK’S TRANSCRIPT
(You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of
the documents filed in the superior court.)
a, Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the
date each document was filed, or if that is not available, the date the document was signed.
[ Document Title and Description ] [ Date of Filing ]
(1) Notice of appeal 12/07/2021 & 12/28/21
(2) Notice designating record on appeal (this document) 01/18/2022
(3) Judgment or order appealed from 08/19/2021
(4) Notice of entry of judgment (if any) 09/15/2021
() Notice of intention to move for new trial or motion to vacate the judgment, for judgment
notwithstanding the verdict, or for reconsideration of an appealed order (if any) 09/27/2021
(6) Ruling on one or more of the items listed in (5). 11/16/2021
(7) Register of actions or docket (if any) Docket
‘APP-003 (Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL. Page 2 0f4
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Newton et al. v. Enloe Medical Center 20-cv-01091
4. NOTICE DESIGNATING CLERK’S TRANSCRIPT
b. Additional documents. (if you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
a | request that the clerk include in the transcript the following documents that were filed in the superior court proceeding.
(You must identify each document you want included by its title and provide the date it was filed or, if that is not
available, the date the document was signed)
[ Document Title and Description zal Date of Filing J
(8) Complaint
05/29/2020
(9) Enloe Medical Center's Answer to Complaint
07/13/2020
(10) Civil Minutes re Motion for Trial Preference
08/12/2020
(11) Civil Minutes re Case Management Conference
09/02/2020
kK See additional pages. (Check here if you need more space to list additional documents. List these documents ona
separate page or pages labeled “Attachment 4b,” and start with number (12).)
Exhibits to be included in clerk’s transcript.
& | request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court. (For each exhibit, give the exhibit number, such as Plaintiffs #1 or Defendant's A, and a brief
description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has
retumed a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk
within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).))
[ Exhibit Number Jf Description ] [Admitted (YesINoy
(1) DA Flowsheet 09-12
Yes
(2) DB Flowsheet Vital Signs 09-12 Yes
(3) Dc Flowsheet Vital Signs 09-13
Yes
(4) DD Medications
Yes
& See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled “Attachment 4c,” and start with number (5).)
NOTICE DESIGNATING REPORTER’S TRANSCRIPT
You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.
a Format of the reporter's transcript
| request that the reporters provide (check one):
(1) Ed My copy of the reporter's transcript in electronic format. [Searchable pdf]
ao My copy of the reporter's transcript in paper format.
@eO0 My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
APP-003 [Rev. January 1, 2019) Page
3 of 4
APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME: SUPERIOR COURT CASE NUMBER:
Newton et al. v. Enloe Medical Center 20-cv-01091
5, b. Proceedings
| request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each
proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example,
the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court
reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was
previously prepared.)
Date Department| Full/Partial Day Description of Proceedings Reporter's Name Prev. prepared? Deposit?
Waiver
(1) 11/04/2020 1 Partial Defendant's motion to continue Jamine Alexander O Yes No $325**
trial
(2) 12/02/2020 1 Partial Defendant's motion for Mary Wyllie O Yes No $325
reconsideration of ruling on motion
to continue trial
(3) 06/07/2021 1 Full Ju y trial (day 1) Tamara Dawson O Yes EI No $650
(4) 06/09/2021 1 Full Jury trial day 2) Tamara Houston O Yes BI No $630
[X] See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate
page or pages labeled “Attachment 6,” and start with number (5).)
**Pursuant to CRC rule 8.130(b)(1): Appellant will submit a check in the amount of $13,325 (the approximate cost of
transcribing the designated proceedings), to be deposited with the superior court clerk, and a check in the amount of
$50, the administrative fee for the superior court to hold this deposit in trust. This deposit and fee will be submitted
separately if this designation is filed electronically.
6 NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
(You must compete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) | request
that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you
want included by its date, the department in which it took place, a description of the proceedings (for example, the examination
of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who
recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.)
[ Date [Department] Full/Partial Day | Description Reporter's Name I Prev. prepared? ]
(1) 0 Yes ONo
(2) O Yes ONo
(3) 0 Yes ONo
(4) O Yes ONo
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled “Attachment 6," and start with number (5).)
Za The proceedings designated in 5b or 6 E] include DO do not include all of the testimony in the superior court.
If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal (Rule
8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits
otherwise). Points are set forth: O Below Dona separate page labeled “Attachment 7.”
Date: January 18, 202:
Jan A. Scharg
(TYPE OR PRINT NAME) NA OF APPELLANT OR ATTORNEY)
‘APP-003 (Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING REGOR IN APPEAL Page 4 of4
(Unlimited Civil Case)
CASE NAME: Newton et al. v. Enloe Medical Center [ CASE NUMBER: 20-cv-01091
Continued from Form APP-003
Attachment 4b — Additional documents.
Document Title and Description
J | Date of Filing
Q Civil Minutes re Motion to Compel Documents 10/28/2020
Q) Civil Minutes re Defendant’s Motion to Continue Trial 11/04/2020
@) Civil Minutes re Settlement Conference 11/09/2020
(4) Order and Civil Minutes re Ex Parte Application for Order Shortening Time 11/16/2020
6) Order and Civil Minutes re Defendant's Ex Parte Application to Shorten Time 11/19/2020
©) Order and Civil Minutes re Defendant’s Motion to Compel Responses to Discovery 11/25/2020
”M Order and Civil Minutes re Defendant’s Motion for Reconsideration of Ruling on Motion 12/02/2020
to Continue
8) Defendant's Trial Readiness Conference Statement 12/02/2020
(9) Defendant's Motion in Limine 1 to Preclude Evidence of Insurance Information 12/03/2020
(10 Defendant’s Motion in Limine 2 to Preclude Testimony re Medical Text and 12/03/2020
) Publications
qa Defendant’s Motion in Limine 8 to Bifurcate Punitive Damages 12/03/2020
)
(2 Defendant's Motion in Limine 4 to Preclude Argument of Alleged Profit over Patient 12/03/2020
) Care
(13 Defendant’s Motion in Limine 5 to Preclude Evidence of Injuries to Other Individuals 12/03/2020
)
(4 Defendant's Motion in Limine 6 to Preclude Reference to the Camp Fire 12/03/2020
)
(15 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 6 12/03/2020
)
(16 Defendant's Motion in Limine 7 to Preclude Plaintiffs’ Experts from Opining Care; 12/03/2020
) Declaration of Zimmerman in Support
(7 Defendant’s Motion in Limine 8 to Preclude from Referring to Newton as Any 12/03/2020
) Inflammatory Noun
(18 Defendant's Motion in Limine 9 to Preclude Issue of Understaffing 12/03/2020
)
qg9 Defendant’s Motion in Limine 10 to Limit Experts to Opinions Expressed at Their 12/03/2020
) Depositions
(20 Defendant’s Motion in Limine 11 to Preclude Department of Public Health’s Center for 12/03/2020
) Medicare and Medicaid Serices and JCAHF Surveys
(21 Defendant’s Motion in Limine 12 to Preclude Actual Dollar Amount during Voir Dire 12/03/2020
)
(22 Defendant’s Motion in Limine 13 Precluding Questioning of Witness Barbo 12/03/2020
)
(23 Declaration of Zimmerman in Support of Defendant's Motion in Limine 13 12/03/2020
)
(24 Defendant’s Motion in Limine 14 to Preclude Hospital Policies and Procedures from 12/03/2020
) setting the Applicable standard of Care
Defendant's Motion in Limine 15 to Exclude Testimony, Evidence and References to 12/03/2020
[ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 J
[ Document Title and Description
) Date of Filing
(26 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 15 12/03/2020
)
(27 Defendant’s Motion in Limine 16 to Preclude Reference or Testimony to Other 12/03/2020
) Malpractice Cases Against Defendant
(28 Defendant’s Motion in Limine 17 to Preclude Questions re Medical Possibilities 12/03/2020
)
(29 Defendant’s Motion in Limine 18 to Preclude Reptile Theory 12/03/2020
)
(30 Defendant’s Motion in Limine 19 to Preclude Plaintiffs, Plaintiffs’ Counsel, Plaintiffs’ 12/03/2020
) Experts and any of Plaintiff's Witnesses from Instructing the Jury on the Law
(31 Defendant's Motion in Limine 20 re Dissatisfied Other Patients 12/03/2020
)
(32 Defendant's Motion in Limine 21 to Exclude Video Deposition Testimony of Former and 12/03/2020
) Current Employees in Opening Statement
(33 Defendant’s Motion in Limine 22 to Exclude Testimony re Staffing Issued as Elder 12/03/2020
) Abuse/Neglect.
(34 Defendant's Motion in Limine 23 to Exclude Subsequent Remedial Conduct 12/03/2020
)
(35 Defendant’s Motion in Limine 24 to Limit Photographs and Videos Shown to the Jury 12/03/2020
)
(36 Defendant’s Motion in Limine 25 re Witness Procedures 12/03/2020
)
(37 Defendant's Motion in Limine 26 to Preclude Plaintiffs from Introducing Evidence of 12/03/2020
) Alleged Regulatory Violations
(38 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 26 12/03/2020
)
(39 Defendant's Motion in Limine 27 Precluding Plaintiffs’ Counsel from Using Phrases 12/03/2020
) Important or Critically Important
(40 Declaration of Zimmerman in Support of Defendant's Motion in Limine 27 12/03/2020
)
(41 Plaintiffs’ Trial Readiness Conference Statement 12/03/2020
)
(42 Plaintiffs’ Motion in Limine 17 to Exclude the Testimony of Defendant’s Nurse Expert 12/03/2020
) with Regard to Causation of Ms. Newton's Sacral Wound
(43 Plaintiffs’ Motion in Limine 18 to Admit Testimony re DPH Deficiencies, Plans of 12/03/2020
) Correction and Notices Regarding Failures related to the Care and Treatment of
Pressure Ulcers at Enloe Medical Center
(44 Plaintiffs Motion in Limine 1 to Allow Plaintiff to Present Both Live and Video 12/03/2020
) Testimony
(45 Plaintiffs Motion in Limine 2 to (A) Preclude Defendant's Counsel from Posing any 12/03/2020
) Leading Questions to Witnesses who were an Employee of Defendant's at the time they
cared for patsy Newton, and (B) Posing Leading Questions to These Witnesses re
Evidence Code Section 776
(46 Plaintiff's Motion in Limine 3 to Require defendant to Timely Produce Witnesses
[CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091
Document Title and Description
) [ Date of Filing
(47 Plaintiffs Motion in Limine 4 to Preclude Defendant Contact with Third Party Medical
Providers in Violation of HIPAA
(48 Plaintiffs Motion in Limine 5 to Preclude Questions Before the Jury Seeking to 12/03/2020
Impeach Witnesses re Prior Bad Acts without prior Court Approval
(49 Plaintiff's Motion in Limine 6 to Preclude any Questions or Answers Regarding Certain
Mandated Reports not Reporting Suspected Elder Abuse Relating to Patsy Newton
(50 Plaintiffs Motion in Limine 7 to Preclude Defendants from Claiming that they 12/03/2020
Conducted In-Services in Response to Failure of Care Pertaining to Patsy Newton
(51 Plaintiffs Motion in Limine 8 to Preclude Evidence from Defendants Relating to 12/03/2020
Employee Performance Not in Personnel Files Requested yet not Produced
(52 Plaintiffs Motion in Limine 9 to Exclude Specific Hearsay Statements in Documents for 12/03/2020
Which There is no Foundation and no Exception to Hearsay Rule
(53 Plaintiffs Motion in Limine 10 to Preclude Defendant from Referencing Itself or 12/03/2020
Publishing any Document Referring to “Non-Profit” or “Not for Profit Entity”
(54 Plaintiffs Motion in Limine 11 to Exclude Defendant from Introducing Collateral 12/03/2020
Source Evidence re Speculative Future Public Benefits or Other Gratuitous Payments
(55 Plaintiff's Motion in Limine 12 to Preclude Defense Medical Experts from Testifying 12/03/2020
About Case Materials Available but Not Reviewed Prior to Depositions
(56 Plaintiff's Motion in Limine 13 to Preclude Defense Expert Witness Testimony on 12/03/2020
Subjects not Addressed in Deposition
(57 Plaintiffs Motion in Limine 14 to Exclude Expert Testimony on Subjects not Addressed 12/03/2020
in Deposition
(58 Plaintiff's Motion in Limine 15 to Preclude Expert Testimony on Inadmissible Matters 12/03/2020
re People v. Sanchez
(59 Plaintiff's Motion in Limine 16 to Exclude and Strike Supplementally Disclosed Experts 12/03/2020
(60 Notice of Motion and Motion for Judgment on the Pleadings 12/04/2020
(61 Declaration of Robert H. Zimmerman in Support of Defendant's Motion for Judgment 12/04/2020
on the Pleadings
(62 Amended Declaration of Robert H. Zimmerman in Support of Defendant’s Motion in 12/04/2020
Limine 26 to Preclude Plaintiffs from Introducing Evidence of Alleged Regulatory
Violations
(63 Enloe Medical Center’s Amended Motion in Limine 20 re Dissatisfied Other Patients 12/04/2020
(64 Order Granting Enloe Medical Center’s Motion to Compel Responses to Requests for 12/07/2020
Admissions, Set One
(65 Order on Defendant's Motion for Reconsideration re Trial Continuance 12/07/202
(66 Opposition to Plaintiffs’ Motion in Limine 1 re Using Live and Video Testimony 12/08/2020
(67 Opposition to Plaintiffs’ Motion in Limine 2 to Preclude Defendants’ Counsel from 12/08/2020
Posting Any Leading Questions
[CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091
[ Document Title and Description
ale Date of Filing
(68 Declaration of Zimmerman in Support of Opposition to Plaintiffs’ Motion in Limine 2 12/08/2020
)
(69 Opposition to Plaintiff's Motion in Limine 3 to Require Timely Produce Party Affiliated 12/08/2020
) Witnesses
(70 Opposition to Plaintiffs Motion in Limine 4 re Contacting Third party Medical 12/08/2020
) Providers
(71 Opposition to Plaintiffs’ Motion in Limine 5 to Preclude Questions of Jury Seeking to 12/08/2020
) Impeach Witnesses
(72 Opposition to Plaintiffs Motion in L:imine 6 re Questioning Mandated Reports 12/08/2020
7
(73 Opposition to Plaintiffs’ Motion in Limine 7 to Preclude Defendants from Claiming they 12/08/2020
) Conducted In-Services in Response to Failures
(74 Opposition to Plaintiffs’ Motion in Limine 8 to Preclude Evidence from Defendants 12/08/2020
) Relating to Employee Performance Not Identified
(75 Opposition to Plaintiffs’ Motion in Limine 9 to Exclude Specific Hearsay Statements in 12/08/2020
) Documents for which there is no Foundation
(76 Opposition to Plaintiffs’ Motion in Limine 10 to Preclude from Referencing to Itself as 12/08/2020
) “Non-Profit”
(717 Opposition to Plaintiffs’ Motion in Limine 11 to Exclude Defendant from Introducing 12/08/2020
) Collateral Source Evidence re Speculative Future Public Benefits
(78 Opposition to Plaintiffs’ Motion in Limine 12 to Preclude Defense Medical Experts from 12/08/2020
) Testifying about or Relying upon Case Materials
(79 Opposition to Plaintiffs’ Motion in Limine 13 to Preclude Defense Expert Witness 12/08/2020
) Testimony on Subjects Ruled Out
(80 Opposition to Plaintiffs’ Motion in Limine 14 to Exclude Expert Testimony on Subjects 12/08/2020
) not Addressed in Deposition
(81 Opposition to Plaintiffs’ Motion in Limine 15 to Preclude Expert Testimony Pursuant to 12/08/2020
) People v. Sanchez
(82 Opposition to Plaintiffs’ Motion in Limine 16 to Exclude and Strike Supplementally 12/08/2020
) Disclosed Experts
(83 Declaration of Robert H. Zimmerman in Support of Opposition to Plaintiffs’ Motion in 12/08/2020
) Limine 16
(84 Opposition to Plaintiffs’ Motion in Limine 17 to Exclude the Testimony of Defendant’s 12/08/2020
) Nurse Expert re Causation of Ms. Newton's Sacral Wound
(85 Opposition to Plaintiffs’ Motion in Limine 18 to Admit Testimony re DPH Deficiencies, 12/08/2020
) Plans of Correction and Notices Regarding Failures
(86 Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant’s Motion 05/21/2021
) for Judgment on the Pleadings
(87 Declaration of Sean R. Laird in Support of Plaintiff's Opposition to Defendant’s Motion 05/21/2021
) for Judgment on the Pleadings
(88 Reply to Opposition to Motion for Judgment on the Pleadings 05/27/2021
)
(89 Defendant's Amended Exhibit List 05/28/2021
)
| CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091
| Document Title and Description [ Date of Filing
(90 Plaintiffs Opposition to Defendant's Motion in Limine 1 to Preclude Evidence of 06/02/2021
) Insurance Information; Declaration of Sean R. Laird
(91 Plaintiffs Opposition to Defendant’s Motion in Limine 2 to Preclude Testimony re 06/02/2021
) Medical Texts and Publications
(92 Plaintiff's Opposition to Defendant’s Motion in Limine 3 to Bifurcate Punitive Damages 06/02/2021
)
(93 Plaintiffs Opposition to Defendant’s Motion in Limine 4 to Preclude Argument of 06/02/2021
) Alleged “Profit over Patient Care” and Preclusion of Financial Statements
(94 Plaintiff's Opposition to Defendant’s Motion in Limine 5 to Preclude Evidence of 06/02/2021
) Injuries to Other Individuals
(95 Plaintiffs Opposition to Defendant’s Motion in Limine 6 to “Preclude Reference to the 06/02/2021
7 Camp Fire”
(96 Plaintiffs Opposition to Defendant’s Motion in Limine 7 to “Preclude Plaintiff's Experts
) from Opining Plaintiff's Care was Reckless or the Like”
(97 Plaintiffs Opposition to Defendant’s Motion in Limine 8 to “Preclude Plaintiffs from
) Referring to Patsy Newton as a Victim or any Other Inflammatory Noun”
(98 Plaintiff's Opposition to Defendant’s Motion in Limine 9 to “Preclude Issue of 06/02/2021
) Understaffing”
(99 Plaintiffs Opposition to Defendant’s Motion in Limine 11 to Preclude Department of 06/02/2021
) Public Health’s, Center for Medicare and Medicaid Services’ and the Joint Commission
on the Accreditation of Health Facilities’ Surveys, Summaries of Deficiencies, Citations,
and Plans of Correction and the Like of any Such Documentation
qo Plaintiffs Opposition to Defendant’s Motion in Limine 12 to Preclude Actual Dollar 06/02/2021
0) Amount during Voir Dire
(10 Plaintiffs Opposition to Defendant’s Motion in Limine 13 Precluding Questioning of 06/02/2021
)) Witness Cynthia Barbo Relating to her Departure from Enloe Medical Center
(10 Plaintiff's Opposition to Defendant’s Motion in Limine 14 to Preclude Hospital Policies 06/02/2021
2) and Procedures from Setting the Applicable Standard of Care
(10 Plaintiffs Opposition to Defendant’s Motion in Limine 15 to “Exclude Testimony, 06/02/2021
3) Evidence and References to Enloe Medical Center's Reporting of Patsy Newton’s
Pressure Ulcer to the Department of Public Health”
qo Plaintiffs Opposition to Defendant's Motion in Limine 16 to “Preclude Reference of 06/02/2021
4) Testimony to other Malpractice Cases Against the Defendant and Physicians who may
Testify in this Case”
(10 Plaintiff's Opposition to Defendant’s Motion in Limine 18 to “Preclude Reptile Theory” 06/02/2021
5)
(10 Plaintiff's Opposition to Defendant’s Motion in Limine 20 re “Dissatisfied Other 06/02/2021
6) Patients”
(10 Plaintiff's Opposition to Defendant’s Motion in Limine 21 to “Exclude Video Deposition 06/02/2021
7) Testimony of Former and Current Employees in Opening Statement”
qo Plaintiffs Opposition to Defendant’s Motion in Limine 22 to “Exclude Testimony re 06/02/2021
8) Staffing Issues as Elder Abuse/Neglect”
(10 Plaintiffs Opposition to Defendant’s Motion in Limine 23 to “Exclude Subsequent 06/02/2021
9) Remedial Conduct”
[ CASE NAME: Newton et al. v. Enloe Medical Center __ [| CASENUMBER: 20-cv-01091
Document Title and Description Date of Filing |
(11 Plaintiffs Opposition to Defendant’s Motion in Limine 24 to “Limit Photographs and 06/02/2021
0) Videos Shown to the Jury”
qu Plaintiffs Opposition to Defendant’s Motion in Limine 26 to “Preclude Plaintiffs from 06/02/2021
1) Introducing Evidence of Alleged Regulatory Violations”
qu Plaintiff's Opposition to Defendant’s Motion in Limine 27 to “Preclude Plaintiff's 06/02/2021
2) Counsel from using Phrases “Important” or “Critically Important”
qi Civil Minutes on Trial Readiness Conference 06/04/2021
3)
ql Civil Minutes (Jury Trial Day 1) 06/07/2021
4)
qi Plaintiffs MBA in Further Support of Plaintiffs MIL 18 to Admit DPH Notice of 6/08/2021
5) Investigations, Deficiencies, and Plans of Correction; Declaration of Sean R. Laird
qi Defendant's Trial Brief re CDPH Reports 06/08/2021
6)
qu Defendant's Counter Designation and Objections to Plaintiffs Video Deposition 06/09/2021
12 Testimony to be Used at Trial
qa. Civil Minutes (Jury Trial Day 2) 06/09/2021
8)
ql Civil Minutes (Jury Trial Day 3) 06/11/2021
9)
(2 Civil Minutes (Jury Trial Day 4) 06/14/2021
0)
a2 Civil Minutes (Jury Trial Day 5) 06/16/2021
y)
(12 Civil Minutes (Jury Trial Day 6) 06/18/2021
2)
(12 Defendant's Brief re Inadmissibility of CDPH Reports 06/21/2021
3)
(12 Civil Minutes (Jury Trial Day 7) 06/21/2021
4)
q2 Civil Minutes (Jury Trial Day 8) 06/22/2021
5)
(2 Civil Minutes (Jury Trial Day 9) 06/23/2021
6)
(2 Civil Minutes (Jury Trial Day 10) 06/28/2021
1)
(2 Civil Minutes (Jury Trial Day 11) 06/29/2021
8)
a2 Defendant’s Trial Brief re Testimony of Debra Bakerjian 06/30/2021
9)
(13 Civil Minutes (Jury Trial Day 12) 07/01/2021
0)
(13 Civil Minutes (Jury Trial Day 13) 07/02/2021
1)
[ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091
(3
Document Title and Description
J Date of Filing
Civil Minutes (Jury Trial Day 14) 07/06/2021
2)
(13 Defendant's Brief re Admissibility of Enloe’s Compliance with CDPH Plan of Correction 07/07/2021
3) and CDPH’s Finding of No Deficiences
(13 Civil Minutes (Jury Trial Day 15) 07/08/2021
4)
(13 Defendant's Motion for Non-Suit re Negligent Infliction of Emotional Distress Claim of 07/08/2021
5) Suzanne Bolen
(13 Civil Minutes (Jury Trial Day 16) 07/09/2021
6)
qs Civil Minutes (Jury Trial Day 17) 07/12/2021
1D
(13 Civil Minutes (Jury Trial — Date Added) 07/13/2021
8)
a3 Civil Minutes (Jury Trial — Jury Deliberation) 07/14/2021
9)
(14 Jury Question #1 with Court’s Response Provided 7/14/21 07/14/2021
0)
(4 Jury Question #2 with Court’s Response 07/14/2021
yy
(14 dury Instructions Given 07/14/2021
2)
q4 dury Instructions Not Given 07/14/2021
3)
q4 Receipt for Release of Trial Exhibits — Plaintiff 07/14/2021
4)
(4 Receipt for Release of Trial Exhibits —- Defendant 07/14/2021
5)
(14 Verdict Forms — Not Used 07/14/2021
6)
(14 Verdict Form Cause of Action No. 1 — Elder Neglect 07/14/2021
12)
(14 Verdict Form Cause of Action No. 2 - Negligent Infliction of Emotional Distress 07/14/2021
8)
(4 Verdict Form Cause of Action No. 3 — Loss of Consortium 07/14/2021
9)
(15 Order Staying Execution of Judgment, Staying Enforcement of Judgment, and 07/26/2021
0) Continuing August 11, 2021
(15 Notice of Entry of Order 07/26/2021
1)
(5 Civil Minutes Granting Defendant’s Motion for Temporary Stay of Enforcement of 08/18/2021
2) Money Judgment
(15 Judgment Following Jury Trial and Jury Verdict — Costs added on 9/24/2021 08/18/2021
3)
[ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091
[ Document Title and Description | [ Date of Filing
(15 Memorandum of Costs - Summary 08/31/2021
4)
(15 Objection to Proposed Judgment 08/31/2021
5)
(15 Order Granting Motion for Temporary Stay of Enforcement of Money Judgment 09/08/2021
6)
(15 Proof of Mailing of Judgment Following Jury Trial 09/13/2021
1)
(15 Defendant's Notice of Intention to Move
Preview
APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NO.: 285304 FOR COURT USE ONLY NAME: Jan A. Scharg FIRM NAME: Schuering Zimmerman & Doyle, LLP STREET ADDRESS: 400 University Avenue CITY: Sacramento STATE: CA ZIP CODE: 95825 F Superior Court of California” F TELEPHONE NO.: (916) 567-0400 FAX NO.: (916) 568-0400 Zounty of Butte E-MAIL ADDRESS: ias@szs.com | ATTORNEY FOR (name): Enloe Medical Center [SUPERIOR COURT OF CALIFORNIA, COUNTY OF L 1/18/2022 BUTTE STREET ADDRESS: 1775 Concord Avenue MAILING ADDRESS: 1775 Concord Avenue D rif Elmaliah, CITY AND ZIP CODE: Chico, CA 95928 Deputy BRANCH NAME: North Butte County Courthouse ohic! PLAINTIFF/PETFHONER: PATSY NEWTON ET AL. DEFENDANT/RESPONDENT: ENLOE MEDICAL CENTER OTHER PARENT/ PARTY: APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL SUPERIOR COURT CASE NUMBER: (UNLIMITED CIVIL CASE) 20-cv-01091 COURT OF APPEAL CASE NUMBER [if known): RE: Appeal filed on (date): 12/7/2021 and 12/28/21 C095324 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT | choose to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check a, b, c, or d, and fill in any required information): a & A clerk's transcript under rule 8.122 (You must check (1) or (2) and fill out the clerk's transcript section (item 4) on pages 2 and 3 of this form.) (*) Bl | will pay the superior court clerk for this transcript myself when | receive the clerk’s estimate of the costs of this transcript. | understand that if | do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. eq | request that the clerk's transcript be provided to me at no cost because | cannot afford to pay this cost. submitted the following document with this notice designating the record (check (a) or (b)): | have (a) Oo An order granting a waiver of court fees and costs under rule 3.50-3.58.; or (b) Oo An application for a waiver of court fees and costs under rule 3.50-3.58. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application. b. oO An appendix under rule 8.124. c. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth Appellate Distncts, permit parties to stipulate (agree) to use the original superior court file instead of a clerk's transcript; you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior court file instead of a clerk’s transcript in this case. Attach a copy of this stipulation.) 4.7 An agreed statement under rule 8.134 (You must complete item 2b(2) below and attach to your agreed statement copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.134(a).) 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT | choose to proceed (you must check a or b below): aa WITHOUT a record of the oral proceedings (what was said at the hearing or trial) in the superior court. | understand that without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings in deciding whether an error was made in the superior court proceedings. Page 1 of4 Form Approved for Optional Use Cal. Rules of Cour, rules 3.50, Judicial Council of Catifornia APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL 8.121-8.124, 8.128, 8.130, 8.134, 8.137 APP.003 [Rev, January 1, 2019] (Unlimited Civil Case) www courts.ca.gov APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Newton et al. v. Enloe Medical Center 20-cv-01091 2. b. WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below): (1) A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section (item 5) on pages 3 and 4 of this form.) | have (check all that apply): (a) {&] Deposited with the superior court clerk the approximate cost of preparing the transcript by including the deposit with this notice as provided in Rule 8.130(b)(1). (b) Oo Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). (C) [1] Attached the reporter's written waiver of a deposit under rule 8.130(b)(3)(A) for (check either (i) or (ii)): D allofthe designated proceedings. (i) oO part of the designated proceedings. (@) [ Attached a certified transcript under rule 8.130(b)(3)(C). (2) OO Aan agreed statement. (Check and complete either (a) or (b) below.) (@) [1 Ihave attached an agreed statement to this notice. (b) Oo All the parties have stipulated (agreed) in writing to try to agree on a statement. (You must attach a copy of this Stipulation to this notice.) | understand that, within 40 days after |file the notice of appeal, | must file either the agreed statement or a notice indicating the parties were unable to agree on a statement and a new notice designating the record on appeal. (3) C0 A settled statement under rule 8.137. (You must check (a), (b), or (c) below, and fill out the settled statement section (item 6) on page 4.) (a) D0 The oral proceedings in the superior court were not reported by a court reporter. (b) oO The oral proceedings in the superior court were reported by a court reporter, but | have an order waiving fees and costs. (c) oO | am asking to use a settled statement for reasons other than those listed in (a) or (b). (You must serve and file the motion required under rule 8.137(b) at the same time that you file this form. You may use form APP-025 to prepare the motion.) 3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT o | request that the clerk transmit to the Court of Appeal under rule 8.123 the record of the following administrative proceeding that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): [ Title of Administrative Proceeding ] [ Date or Dates J 4. NOTICE DESIGNATING CLERK’S TRANSCRIPT (You must complete this section if you checked item 1a above indicating that you choose to use a clerk's transcript as the record of the documents filed in the superior court.) a, Required documents. The clerk will automatically include the following items in the clerk's transcript, but you must provide the date each document was filed, or if that is not available, the date the document was signed. [ Document Title and Description ] [ Date of Filing ] (1) Notice of appeal 12/07/2021 & 12/28/21 (2) Notice designating record on appeal (this document) 01/18/2022 (3) Judgment or order appealed from 08/19/2021 (4) Notice of entry of judgment (if any) 09/15/2021 () Notice of intention to move for new trial or motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order (if any) 09/27/2021 (6) Ruling on one or more of the items listed in (5). 11/16/2021 (7) Register of actions or docket (if any) Docket ‘APP-003 (Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL. Page 2 0f4 (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Newton et al. v. Enloe Medical Center 20-cv-01091 4. NOTICE DESIGNATING CLERK’S TRANSCRIPT b. Additional documents. (if you want any documents from the superior court proceeding in addition to the items listed in 4a. above to be included in the clerk's transcript, you must identify those documents here.) a | request that the clerk include in the transcript the following documents that were filed in the superior court proceeding. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed) [ Document Title and Description zal Date of Filing J (8) Complaint 05/29/2020 (9) Enloe Medical Center's Answer to Complaint 07/13/2020 (10) Civil Minutes re Motion for Trial Preference 08/12/2020 (11) Civil Minutes re Case Management Conference 09/02/2020 kK See additional pages. (Check here if you need more space to list additional documents. List these documents ona separate page or pages labeled “Attachment 4b,” and start with number (12).) Exhibits to be included in clerk’s transcript. & | request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiffs #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has retumed a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating the record. (Rule 8.122(a)(3).)) [ Exhibit Number Jf Description ] [Admitted (YesINoy (1) DA Flowsheet 09-12 Yes (2) DB Flowsheet Vital Signs 09-12 Yes (3) Dc Flowsheet Vital Signs 09-13 Yes (4) DD Medications Yes & See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate page or pages labeled “Attachment 4c,” and start with number (5).) NOTICE DESIGNATING REPORTER’S TRANSCRIPT You must complete both a and b in this section if you checked item 2b(1) above indicating that you choose to use a reporter's transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing the reporter's transcript. a Format of the reporter's transcript | request that the reporters provide (check one): (1) Ed My copy of the reporter's transcript in electronic format. [Searchable pdf] ao My copy of the reporter's transcript in paper format. @eO0 My copy of the reporter's transcript in electronic format and a second copy in paper format. (Code Civ. Proc., § 271.) APP-003 [Rev. January 1, 2019) Page 3 of 4 APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) APP-003 CASE NAME: SUPERIOR COURT CASE NUMBER: Newton et al. v. Enloe Medical Center 20-cv-01091 5, b. Proceedings | request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) Date Department| Full/Partial Day Description of Proceedings Reporter's Name Prev. prepared? Deposit? Waiver (1) 11/04/2020 1 Partial Defendant's motion to continue Jamine Alexander O Yes No $325** trial (2) 12/02/2020 1 Partial Defendant's motion for Mary Wyllie O Yes No $325 reconsideration of ruling on motion to continue trial (3) 06/07/2021 1 Full Ju y trial (day 1) Tamara Dawson O Yes EI No $650 (4) 06/09/2021 1 Full Jury trial day 2) Tamara Houston O Yes BI No $630 [X] See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled “Attachment 6,” and start with number (5).) **Pursuant to CRC rule 8.130(b)(1): Appellant will submit a check in the amount of $13,325 (the approximate cost of transcribing the designated proceedings), to be deposited with the superior court clerk, and a check in the amount of $50, the administrative fee for the superior court to hold this deposit in trust. This deposit and fee will be submitted separately if this designation is filed electronically. 6 NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT (You must compete this section if you checked item 2b(3) above indicating you choose to use a settled statement.) | request that the following proceedings in the superior court be included in the settled statement. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) [ Date [Department] Full/Partial Day | Description Reporter's Name I Prev. prepared? ] (1) 0 Yes ONo (2) O Yes ONo (3) 0 Yes ONo (4) O Yes ONo See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled “Attachment 6," and start with number (5).) Za The proceedings designated in 5b or 6 E] include DO do not include all of the testimony in the superior court. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal (Rule 8.130(a)(2) and rule 8.137(d)(1) provide that your appeal will be limited to these points unless the Court of Appeal permits otherwise). Points are set forth: O Below Dona separate page labeled “Attachment 7.” Date: January 18, 202: Jan A. Scharg (TYPE OR PRINT NAME) NA OF APPELLANT OR ATTORNEY) ‘APP-003 (Rev. January 1, 2019] APPELLANT'S NOTICE DESIGNATING REGOR IN APPEAL Page 4 of4 (Unlimited Civil Case) CASE NAME: Newton et al. v. Enloe Medical Center [ CASE NUMBER: 20-cv-01091 Continued from Form APP-003 Attachment 4b — Additional documents. Document Title and Description J | Date of Filing Q Civil Minutes re Motion to Compel Documents 10/28/2020 Q) Civil Minutes re Defendant’s Motion to Continue Trial 11/04/2020 @) Civil Minutes re Settlement Conference 11/09/2020 (4) Order and Civil Minutes re Ex Parte Application for Order Shortening Time 11/16/2020 6) Order and Civil Minutes re Defendant's Ex Parte Application to Shorten Time 11/19/2020 ©) Order and Civil Minutes re Defendant’s Motion to Compel Responses to Discovery 11/25/2020 ”M Order and Civil Minutes re Defendant’s Motion for Reconsideration of Ruling on Motion 12/02/2020 to Continue 8) Defendant's Trial Readiness Conference Statement 12/02/2020 (9) Defendant's Motion in Limine 1 to Preclude Evidence of Insurance Information 12/03/2020 (10 Defendant’s Motion in Limine 2 to Preclude Testimony re Medical Text and 12/03/2020 ) Publications qa Defendant’s Motion in Limine 8 to Bifurcate Punitive Damages 12/03/2020 ) (2 Defendant's Motion in Limine 4 to Preclude Argument of Alleged Profit over Patient 12/03/2020 ) Care (13 Defendant’s Motion in Limine 5 to Preclude Evidence of Injuries to Other Individuals 12/03/2020 ) (4 Defendant's Motion in Limine 6 to Preclude Reference to the Camp Fire 12/03/2020 ) (15 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 6 12/03/2020 ) (16 Defendant's Motion in Limine 7 to Preclude Plaintiffs’ Experts from Opining Care; 12/03/2020 ) Declaration of Zimmerman in Support (7 Defendant’s Motion in Limine 8 to Preclude from Referring to Newton as Any 12/03/2020 ) Inflammatory Noun (18 Defendant's Motion in Limine 9 to Preclude Issue of Understaffing 12/03/2020 ) qg9 Defendant’s Motion in Limine 10 to Limit Experts to Opinions Expressed at Their 12/03/2020 ) Depositions (20 Defendant’s Motion in Limine 11 to Preclude Department of Public Health’s Center for 12/03/2020 ) Medicare and Medicaid Serices and JCAHF Surveys (21 Defendant’s Motion in Limine 12 to Preclude Actual Dollar Amount during Voir Dire 12/03/2020 ) (22 Defendant’s Motion in Limine 13 Precluding Questioning of Witness Barbo 12/03/2020 ) (23 Declaration of Zimmerman in Support of Defendant's Motion in Limine 13 12/03/2020 ) (24 Defendant’s Motion in Limine 14 to Preclude Hospital Policies and Procedures from 12/03/2020 ) setting the Applicable standard of Care Defendant's Motion in Limine 15 to Exclude Testimony, Evidence and References to 12/03/2020 [ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 J [ Document Title and Description ) Date of Filing (26 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 15 12/03/2020 ) (27 Defendant’s Motion in Limine 16 to Preclude Reference or Testimony to Other 12/03/2020 ) Malpractice Cases Against Defendant (28 Defendant’s Motion in Limine 17 to Preclude Questions re Medical Possibilities 12/03/2020 ) (29 Defendant’s Motion in Limine 18 to Preclude Reptile Theory 12/03/2020 ) (30 Defendant’s Motion in Limine 19 to Preclude Plaintiffs, Plaintiffs’ Counsel, Plaintiffs’ 12/03/2020 ) Experts and any of Plaintiff's Witnesses from Instructing the Jury on the Law (31 Defendant's Motion in Limine 20 re Dissatisfied Other Patients 12/03/2020 ) (32 Defendant's Motion in Limine 21 to Exclude Video Deposition Testimony of Former and 12/03/2020 ) Current Employees in Opening Statement (33 Defendant’s Motion in Limine 22 to Exclude Testimony re Staffing Issued as Elder 12/03/2020 ) Abuse/Neglect. (34 Defendant's Motion in Limine 23 to Exclude Subsequent Remedial Conduct 12/03/2020 ) (35 Defendant’s Motion in Limine 24 to Limit Photographs and Videos Shown to the Jury 12/03/2020 ) (36 Defendant’s Motion in Limine 25 re Witness Procedures 12/03/2020 ) (37 Defendant's Motion in Limine 26 to Preclude Plaintiffs from Introducing Evidence of 12/03/2020 ) Alleged Regulatory Violations (38 Declaration of Zimmerman in Support of Defendant’s Motion in Limine 26 12/03/2020 ) (39 Defendant's Motion in Limine 27 Precluding Plaintiffs’ Counsel from Using Phrases 12/03/2020 ) Important or Critically Important (40 Declaration of Zimmerman in Support of Defendant's Motion in Limine 27 12/03/2020 ) (41 Plaintiffs’ Trial Readiness Conference Statement 12/03/2020 ) (42 Plaintiffs’ Motion in Limine 17 to Exclude the Testimony of Defendant’s Nurse Expert 12/03/2020 ) with Regard to Causation of Ms. Newton's Sacral Wound (43 Plaintiffs’ Motion in Limine 18 to Admit Testimony re DPH Deficiencies, Plans of 12/03/2020 ) Correction and Notices Regarding Failures related to the Care and Treatment of Pressure Ulcers at Enloe Medical Center (44 Plaintiffs Motion in Limine 1 to Allow Plaintiff to Present Both Live and Video 12/03/2020 ) Testimony (45 Plaintiffs Motion in Limine 2 to (A) Preclude Defendant's Counsel from Posing any 12/03/2020 ) Leading Questions to Witnesses who were an Employee of Defendant's at the time they cared for patsy Newton, and (B) Posing Leading Questions to These Witnesses re Evidence Code Section 776 (46 Plaintiff's Motion in Limine 3 to Require defendant to Timely Produce Witnesses [CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 Document Title and Description ) [ Date of Filing (47 Plaintiffs Motion in Limine 4 to Preclude Defendant Contact with Third Party Medical Providers in Violation of HIPAA (48 Plaintiffs Motion in Limine 5 to Preclude Questions Before the Jury Seeking to 12/03/2020 Impeach Witnesses re Prior Bad Acts without prior Court Approval (49 Plaintiff's Motion in Limine 6 to Preclude any Questions or Answers Regarding Certain Mandated Reports not Reporting Suspected Elder Abuse Relating to Patsy Newton (50 Plaintiffs Motion in Limine 7 to Preclude Defendants from Claiming that they 12/03/2020 Conducted In-Services in Response to Failure of Care Pertaining to Patsy Newton (51 Plaintiffs Motion in Limine 8 to Preclude Evidence from Defendants Relating to 12/03/2020 Employee Performance Not in Personnel Files Requested yet not Produced (52 Plaintiffs Motion in Limine 9 to Exclude Specific Hearsay Statements in Documents for 12/03/2020 Which There is no Foundation and no Exception to Hearsay Rule (53 Plaintiffs Motion in Limine 10 to Preclude Defendant from Referencing Itself or 12/03/2020 Publishing any Document Referring to “Non-Profit” or “Not for Profit Entity” (54 Plaintiffs Motion in Limine 11 to Exclude Defendant from Introducing Collateral 12/03/2020 Source Evidence re Speculative Future Public Benefits or Other Gratuitous Payments (55 Plaintiff's Motion in Limine 12 to Preclude Defense Medical Experts from Testifying 12/03/2020 About Case Materials Available but Not Reviewed Prior to Depositions (56 Plaintiff's Motion in Limine 13 to Preclude Defense Expert Witness Testimony on 12/03/2020 Subjects not Addressed in Deposition (57 Plaintiffs Motion in Limine 14 to Exclude Expert Testimony on Subjects not Addressed 12/03/2020 in Deposition (58 Plaintiff's Motion in Limine 15 to Preclude Expert Testimony on Inadmissible Matters 12/03/2020 re People v. Sanchez (59 Plaintiff's Motion in Limine 16 to Exclude and Strike Supplementally Disclosed Experts 12/03/2020 (60 Notice of Motion and Motion for Judgment on the Pleadings 12/04/2020 (61 Declaration of Robert H. Zimmerman in Support of Defendant's Motion for Judgment 12/04/2020 on the Pleadings (62 Amended Declaration of Robert H. Zimmerman in Support of Defendant’s Motion in 12/04/2020 Limine 26 to Preclude Plaintiffs from Introducing Evidence of Alleged Regulatory Violations (63 Enloe Medical Center’s Amended Motion in Limine 20 re Dissatisfied Other Patients 12/04/2020 (64 Order Granting Enloe Medical Center’s Motion to Compel Responses to Requests for 12/07/2020 Admissions, Set One (65 Order on Defendant's Motion for Reconsideration re Trial Continuance 12/07/202 (66 Opposition to Plaintiffs’ Motion in Limine 1 re Using Live and Video Testimony 12/08/2020 (67 Opposition to Plaintiffs’ Motion in Limine 2 to Preclude Defendants’ Counsel from 12/08/2020 Posting Any Leading Questions [CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 [ Document Title and Description ale Date of Filing (68 Declaration of Zimmerman in Support of Opposition to Plaintiffs’ Motion in Limine 2 12/08/2020 ) (69 Opposition to Plaintiff's Motion in Limine 3 to Require Timely Produce Party Affiliated 12/08/2020 ) Witnesses (70 Opposition to Plaintiffs Motion in Limine 4 re Contacting Third party Medical 12/08/2020 ) Providers (71 Opposition to Plaintiffs’ Motion in Limine 5 to Preclude Questions of Jury Seeking to 12/08/2020 ) Impeach Witnesses (72 Opposition to Plaintiffs Motion in L:imine 6 re Questioning Mandated Reports 12/08/2020 7 (73 Opposition to Plaintiffs’ Motion in Limine 7 to Preclude Defendants from Claiming they 12/08/2020 ) Conducted In-Services in Response to Failures (74 Opposition to Plaintiffs’ Motion in Limine 8 to Preclude Evidence from Defendants 12/08/2020 ) Relating to Employee Performance Not Identified (75 Opposition to Plaintiffs’ Motion in Limine 9 to Exclude Specific Hearsay Statements in 12/08/2020 ) Documents for which there is no Foundation (76 Opposition to Plaintiffs’ Motion in Limine 10 to Preclude from Referencing to Itself as 12/08/2020 ) “Non-Profit” (717 Opposition to Plaintiffs’ Motion in Limine 11 to Exclude Defendant from Introducing 12/08/2020 ) Collateral Source Evidence re Speculative Future Public Benefits (78 Opposition to Plaintiffs’ Motion in Limine 12 to Preclude Defense Medical Experts from 12/08/2020 ) Testifying about or Relying upon Case Materials (79 Opposition to Plaintiffs’ Motion in Limine 13 to Preclude Defense Expert Witness 12/08/2020 ) Testimony on Subjects Ruled Out (80 Opposition to Plaintiffs’ Motion in Limine 14 to Exclude Expert Testimony on Subjects 12/08/2020 ) not Addressed in Deposition (81 Opposition to Plaintiffs’ Motion in Limine 15 to Preclude Expert Testimony Pursuant to 12/08/2020 ) People v. Sanchez (82 Opposition to Plaintiffs’ Motion in Limine 16 to Exclude and Strike Supplementally 12/08/2020 ) Disclosed Experts (83 Declaration of Robert H. Zimmerman in Support of Opposition to Plaintiffs’ Motion in 12/08/2020 ) Limine 16 (84 Opposition to Plaintiffs’ Motion in Limine 17 to Exclude the Testimony of Defendant’s 12/08/2020 ) Nurse Expert re Causation of Ms. Newton's Sacral Wound (85 Opposition to Plaintiffs’ Motion in Limine 18 to Admit Testimony re DPH Deficiencies, 12/08/2020 ) Plans of Correction and Notices Regarding Failures (86 Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant’s Motion 05/21/2021 ) for Judgment on the Pleadings (87 Declaration of Sean R. Laird in Support of Plaintiff's Opposition to Defendant’s Motion 05/21/2021 ) for Judgment on the Pleadings (88 Reply to Opposition to Motion for Judgment on the Pleadings 05/27/2021 ) (89 Defendant's Amended Exhibit List 05/28/2021 ) | CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 | Document Title and Description [ Date of Filing (90 Plaintiffs Opposition to Defendant's Motion in Limine 1 to Preclude Evidence of 06/02/2021 ) Insurance Information; Declaration of Sean R. Laird (91 Plaintiffs Opposition to Defendant’s Motion in Limine 2 to Preclude Testimony re 06/02/2021 ) Medical Texts and Publications (92 Plaintiff's Opposition to Defendant’s Motion in Limine 3 to Bifurcate Punitive Damages 06/02/2021 ) (93 Plaintiffs Opposition to Defendant’s Motion in Limine 4 to Preclude Argument of 06/02/2021 ) Alleged “Profit over Patient Care” and Preclusion of Financial Statements (94 Plaintiff's Opposition to Defendant’s Motion in Limine 5 to Preclude Evidence of 06/02/2021 ) Injuries to Other Individuals (95 Plaintiffs Opposition to Defendant’s Motion in Limine 6 to “Preclude Reference to the 06/02/2021 7 Camp Fire” (96 Plaintiffs Opposition to Defendant’s Motion in Limine 7 to “Preclude Plaintiff's Experts ) from Opining Plaintiff's Care was Reckless or the Like” (97 Plaintiffs Opposition to Defendant’s Motion in Limine 8 to “Preclude Plaintiffs from ) Referring to Patsy Newton as a Victim or any Other Inflammatory Noun” (98 Plaintiff's Opposition to Defendant’s Motion in Limine 9 to “Preclude Issue of 06/02/2021 ) Understaffing” (99 Plaintiffs Opposition to Defendant’s Motion in Limine 11 to Preclude Department of 06/02/2021 ) Public Health’s, Center for Medicare and Medicaid Services’ and the Joint Commission on the Accreditation of Health Facilities’ Surveys, Summaries of Deficiencies, Citations, and Plans of Correction and the Like of any Such Documentation qo Plaintiffs Opposition to Defendant’s Motion in Limine 12 to Preclude Actual Dollar 06/02/2021 0) Amount during Voir Dire (10 Plaintiffs Opposition to Defendant’s Motion in Limine 13 Precluding Questioning of 06/02/2021 )) Witness Cynthia Barbo Relating to her Departure from Enloe Medical Center (10 Plaintiff's Opposition to Defendant’s Motion in Limine 14 to Preclude Hospital Policies 06/02/2021 2) and Procedures from Setting the Applicable Standard of Care (10 Plaintiffs Opposition to Defendant’s Motion in Limine 15 to “Exclude Testimony, 06/02/2021 3) Evidence and References to Enloe Medical Center's Reporting of Patsy Newton’s Pressure Ulcer to the Department of Public Health” qo Plaintiffs Opposition to Defendant's Motion in Limine 16 to “Preclude Reference of 06/02/2021 4) Testimony to other Malpractice Cases Against the Defendant and Physicians who may Testify in this Case” (10 Plaintiff's Opposition to Defendant’s Motion in Limine 18 to “Preclude Reptile Theory” 06/02/2021 5) (10 Plaintiff's Opposition to Defendant’s Motion in Limine 20 re “Dissatisfied Other 06/02/2021 6) Patients” (10 Plaintiff's Opposition to Defendant’s Motion in Limine 21 to “Exclude Video Deposition 06/02/2021 7) Testimony of Former and Current Employees in Opening Statement” qo Plaintiffs Opposition to Defendant’s Motion in Limine 22 to “Exclude Testimony re 06/02/2021 8) Staffing Issues as Elder Abuse/Neglect” (10 Plaintiffs Opposition to Defendant’s Motion in Limine 23 to “Exclude Subsequent 06/02/2021 9) Remedial Conduct” [ CASE NAME: Newton et al. v. Enloe Medical Center __ [| CASENUMBER: 20-cv-01091 Document Title and Description Date of Filing | (11 Plaintiffs Opposition to Defendant’s Motion in Limine 24 to “Limit Photographs and 06/02/2021 0) Videos Shown to the Jury” qu Plaintiffs Opposition to Defendant’s Motion in Limine 26 to “Preclude Plaintiffs from 06/02/2021 1) Introducing Evidence of Alleged Regulatory Violations” qu Plaintiff's Opposition to Defendant’s Motion in Limine 27 to “Preclude Plaintiff's 06/02/2021 2) Counsel from using Phrases “Important” or “Critically Important” qi Civil Minutes on Trial Readiness Conference 06/04/2021 3) ql Civil Minutes (Jury Trial Day 1) 06/07/2021 4) qi Plaintiffs MBA in Further Support of Plaintiffs MIL 18 to Admit DPH Notice of 6/08/2021 5) Investigations, Deficiencies, and Plans of Correction; Declaration of Sean R. Laird qi Defendant's Trial Brief re CDPH Reports 06/08/2021 6) qu Defendant's Counter Designation and Objections to Plaintiffs Video Deposition 06/09/2021 12 Testimony to be Used at Trial qa. Civil Minutes (Jury Trial Day 2) 06/09/2021 8) ql Civil Minutes (Jury Trial Day 3) 06/11/2021 9) (2 Civil Minutes (Jury Trial Day 4) 06/14/2021 0) a2 Civil Minutes (Jury Trial Day 5) 06/16/2021 y) (12 Civil Minutes (Jury Trial Day 6) 06/18/2021 2) (12 Defendant's Brief re Inadmissibility of CDPH Reports 06/21/2021 3) (12 Civil Minutes (Jury Trial Day 7) 06/21/2021 4) q2 Civil Minutes (Jury Trial Day 8) 06/22/2021 5) (2 Civil Minutes (Jury Trial Day 9) 06/23/2021 6) (2 Civil Minutes (Jury Trial Day 10) 06/28/2021 1) (2 Civil Minutes (Jury Trial Day 11) 06/29/2021 8) a2 Defendant’s Trial Brief re Testimony of Debra Bakerjian 06/30/2021 9) (13 Civil Minutes (Jury Trial Day 12) 07/01/2021 0) (13 Civil Minutes (Jury Trial Day 13) 07/02/2021 1) [ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 (3 Document Title and Description J Date of Filing Civil Minutes (Jury Trial Day 14) 07/06/2021 2) (13 Defendant's Brief re Admissibility of Enloe’s Compliance with CDPH Plan of Correction 07/07/2021 3) and CDPH’s Finding of No Deficiences (13 Civil Minutes (Jury Trial Day 15) 07/08/2021 4) (13 Defendant's Motion for Non-Suit re Negligent Infliction of Emotional Distress Claim of 07/08/2021 5) Suzanne Bolen (13 Civil Minutes (Jury Trial Day 16) 07/09/2021 6) qs Civil Minutes (Jury Trial Day 17) 07/12/2021 1D (13 Civil Minutes (Jury Trial — Date Added) 07/13/2021 8) a3 Civil Minutes (Jury Trial — Jury Deliberation) 07/14/2021 9) (14 Jury Question #1 with Court’s Response Provided 7/14/21 07/14/2021 0) (4 Jury Question #2 with Court’s Response 07/14/2021 yy (14 dury Instructions Given 07/14/2021 2) q4 dury Instructions Not Given 07/14/2021 3) q4 Receipt for Release of Trial Exhibits — Plaintiff 07/14/2021 4) (4 Receipt for Release of Trial Exhibits —- Defendant 07/14/2021 5) (14 Verdict Forms — Not Used 07/14/2021 6) (14 Verdict Form Cause of Action No. 1 — Elder Neglect 07/14/2021 12) (14 Verdict Form Cause of Action No. 2 - Negligent Infliction of Emotional Distress 07/14/2021 8) (4 Verdict Form Cause of Action No. 3 — Loss of Consortium 07/14/2021 9) (15 Order Staying Execution of Judgment, Staying Enforcement of Judgment, and 07/26/2021 0) Continuing August 11, 2021 (15 Notice of Entry of Order 07/26/2021 1) (5 Civil Minutes Granting Defendant’s Motion for Temporary Stay of Enforcement of 08/18/2021 2) Money Judgment (15 Judgment Following Jury Trial and Jury Verdict — Costs added on 9/24/2021 08/18/2021 3) [ CASE NAME: Newton et al. v. Enloe Medical Center CASE NUMBER: 20-cv-01091 [ Document Title and Description | [ Date of Filing (15 Memorandum of Costs - Summary 08/31/2021 4) (15 Objection to Proposed Judgment 08/31/2021 5) (15 Order Granting Motion for Temporary Stay of Enforcement of Money Judgment 09/08/2021 6) (15 Proof of Mailing of Judgment Following Jury Trial 09/13/2021 1) (15 Defendant's Notice of Intention to Move