Likewise, none of the following cases cited by Plaintiffs examined Rule 702 or the Daubert standard: Dean Rubber Mfg. Co., Fortune, V & S Ice Mach. Co., Mims, Spears.

PLEASE TAKE NOTICE that on April 23, 2024 at 9:00 a.m., or as soon thereafter as it may be heard, before the Honorable Karen L. Stevenson, in Courtroom 580, located at 255 E. Temple St., Los Angeles, California 90012, defendant United States of America (“United States”) will and hereby does move this Court for an order excluding the testimony, reports, and opinions of plaintiffs Fernando Victorica Castillo and Betty Jean Castillo’s (“Plaintiffs”) expert, Daniel Tseng, M.D.

Two days before the expert disclosure deadline, Plaintiffs retained Dr. Daniel Tseng, a general surgeon from Portland, Oregon, whose clinical privileges had recently been summarily suspended for inappropriate patient care.

Plaintiffs also alleged that on May 2, 2019, Dr. Dane Brodke (intern), Dr. O’Neill (resident), and Dr. James Tomlinson (attending physician) authorized Mr. Castillo’s discharge without properly evaluating complaints of swallowing, increased cough, and shortness of breath.

After performing a comprehensive review of Mr. Castillo’s treatment and care at the VAMC, Dr. Samakar offered a principled basis in reaching this conclusion: On his discharge day, May 2, 2019, Mr. Fernando Castillo was alert, interactive, and able to move.

For the foregoing reasons, the United States respectfully requests that this Court issue an order excluding Plaintiffs from offering expert testimony, opinions, and reports on standard of care and causation at trial.

[Declaration of Paul La Scala and [Proposed] Order Filed Concurrently Herewith] Final Pretrial Conference: Date: April 23, 2024 Time: 9:00 a.m.

PLEASE TAKE NOTICE that on April 23, 2024 at 9:00 a.m., or as soon thereafter as the matter may be heard, before the Honorable Karen L. Stevenson, in Courtroom 580, located at 255 E. Temple St., Los Angeles, California 90012, defendant United States of America (“United States”) moves this Court for an order excluding or limiting the testimony and opinions of plaintiffs Fernando Victorica Castillo and Betty Jean Castillo’s (“Plaintiffs”) non-retained experts, Dr. Dane Jensen Brodke, Dr. Natalie Shaubie Lui, Dr. Joo Ha Hwang, Dr. Thomas Hale, Dr. John Blaney, and Dr. Andrew Anthony.

Oct. 24, 2011) (“At a minimum ... [p]laintiffs were required to disclose the information identified in Rule 26(a)(2)(C), which became effective December 1, 2010, for each treating physician that is giving only testimony as to observations, diagnoses, and conclusions reached during the course of treatment.”).

P. 37(c), a witness whose disclosure fails to comply with Rule 26(a)(2)(C) is prohibited from testifying at trial unless the failure was substantially justified or harmless.” Green v. Qatar Airways Co., 2020 WL 9601990, at *2 (C.D.

June 17, 2009) (“Indeed, the purpose of the Rule 26 disclosure requirement is to prevent surprise testimony by ensuring that opposing parties are aware of the nature of the opinions prior to trial.”).

If the witness refuses to sign the “Acknowledgment to Be Bound,” they may nonetheless be shown the document and examined on its contents but will not receive a copy of the document with any materials sent to them for review, nor will ...

... DAVID O. CARTER, U.S. DISTRICT JUDGE Present: The Honorable None Present Karlen Dubon Tape No. Court Reporter / Recorder Deputy Clerk Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None ...

United respectfully requests that the Special Master order that the government unredact the analysis of the Medical Record Review Rule in the various versions of the memo at issue.

In the end, United’s brief does not provide any defensible basis for invading the United States’ privilege and merely addresses the common issue of inconsistent redactions, which both parties contemplated when negotiating their protective order ... (Opposition at 1-4).

By selectively producing parts of the analysis purportedly supporting the Medical Record Review Rule, the government has created a misleading document that gives a false impression about the obligations MA plans are subject to.

Accordingly, the delayed change in the government's position regarding privilege, asserted twelve months past notice of the inconsistent redactions and following the 2023 deposition and IDC, was unreasonable.

P. 26 Advisory Committee Notes (1983 Amendment) (“Rule 26(g) imposes an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through 37.”); Perfect 10, Inc. v. Giganews, Inc., 2015 WL 12699460, at *23 (C.D.

CARNEY, UNITED STATES DISTRICT JUDGE Rolls Royce Paschal Deputy Clerk Not Reported Court Reporter ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: None Present None Present ...

The judgment of this Court, entered June 17, 2022, takes effect this date.

This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.

... M. Olguin, United States District Judge Present: The Honorable None None Vanessa Figueroa Tape No. Court Reporter / Recorder Deputy Clerk Attorney Present for Defendant(s): Attorney Present for Plaintiff(s): None Present None ...

... HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE Rolls Royce Paschal Deputy Clerk N/A Court Reporter ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: None Present None ...

... HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE Rolls Royce Paschal Deputy Clerk N/A Court Reporter ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: None Present None ...

... CARTER, UNITED STATES DISTRICT JUDGE Present: The Honorable None Present Karlen Dubon Court Reporter / Recorder Tape No. Deputy Clerk Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None ...

... DAVID O. CARTER, U.S. DISTRICT JUDGE Present: The Honorable None Present Karlen Dubon Tape No. Court Reporter / Recorder Deputy Clerk Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None ...