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Date: 06-20-2018

Case Style:

Sean Stentiford v. Kinan K. Hreib, M.D. and Stephen E. Southard, M.D.

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Case Number: 1:13-cv-10103-PBS

Judge: Patti B. Saris

Court: United States District Court for the District of Massachusetts (Suffolk County)

Plaintiff's Attorney: David Angueira and David Faraci

Defendant's Attorney: Peter C. Knight, Anthony E. Aheln and Michael E. Brangwynne

Description: Boston, MA - Jury Awards $18.4 Million In Damages To Plaintiff On Medical Malpractice Claim

Sean Stentiford sued Kinan K. Hreib, M.D. and Stephen E. Southard, M.D. on personal injury medical malpractice theory claiming the he was not tested and was not treated for HIV with the result that he developed AIDS.

02/05/2018 93 Assented to MOTION for Hearing by John Doe.(Angueira, David) (Entered: 02/05/2018)
02/06/2018 94 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part 93 Motion for Hearing. The Court will give their next available trial date. Pretrial Order to issue. (Maynard, Timothy) (Entered: 02/06/2018)
02/06/2018 95 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re pretrial/trial: Final Pretrial Conference set for 5/24/2018 02:00 PM in Courtroom 21 before Judge Richard G. Stearns. Jury Selection/Trial set for 6/4/2018 09:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Jury Trial set for 6/4/2018 from 9:00 AM to 4:00 PM and from 9:00 AM to 1:00 PM thereafter, until closings.) (Maynard, Timothy) (Entered: 02/06/2018)
02/15/2018 96 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Parties shall file, on or before 3/1/2018, an informed estimate of the probable length of the trial, based on a trial schedule of 9:00 A.M. to 4:00 P.M. on Monday (6/4/2018) and 9:00 A.M. to 1:00 P.M. thereafter, until closings. (Maynard, Timothy) (Entered: 02/15/2018)
03/01/2018 97 JOINT STATEMENT of counsel Regarding Estimate of Length of Trial. (Brangwynne, Michael) (Entered: 03/01/2018)
03/12/2018 98 Judge Richard G. Stearns: ELECTRONIC ORDER entered returning the case to the clerk for reassignment in accordance with L.R. 40.1(adminn, ) (Entered: 03/12/2018)
03/12/2018 99 ELECTRONIC NOTICE of Reassignment. Chief Judge Patti B. Saris added. Judge Richard G. Stearns no longer assigned to case. (adminn, ) (Entered: 03/12/2018)
03/15/2018 100 ELECTRONIC NOTICE of Conference..... Status Conference set for 3/20/2018 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 03/15/2018)
03/20/2018 101 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 3/20/2018 on scheduling and trial dates... Pretrial/Motions in Limine Hearing set for 5/16/2018 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. Parties will submit a Proposed Pretrial Order by 3/23/18 for court's approval. Jury Trial will go forward on 6/4/18 at 9:00am as scheduled. Matter referred to ADR, mediation to be scheduled as soon as possible.(Atty Angueira, Brangwynne) (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Molloy, Maryellen) (Entered: 03/21/2018)
03/21/2018 102 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered....REFERRING CASE to Alternative Dispute Resolution as soon as possible.(Molloy, Maryellen) (Entered: 03/21/2018)
03/23/2018 103 Notice of assignment to ADR Provider. Judge Marianne B. Bowler appointed.(Garvin, Brendan) (Entered: 03/23/2018)
03/23/2018 104 ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 4/6/2018 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. TRIAL counsel and ALL NAMED PLAINTIFFS AND DEFENDANTS are ORDERED to be present and to have full settlement authority UNLESS EXCUSED BY THE COURT. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via facsimile to (617) 204-5833 or via email as an attachment to Christine_Patton@mad.uscourts.gov THREE BUSINESS DAYS before the hearing. The mediation memo should be marked "Confidential - Not for Docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time, contact the Courtroom Deputy. But, if the date poses a serious conflict, please do NOT contact the Courtroom Deputy directly regarding mediation scheduling. Counsel are to confer with opposing counsel and FILE AN ASSENTED-TO MOTION TO CONTINUE the mediation, including therein several proposed dates for which all counsel and principals are available.(Putnam, Harold) (Entered: 03/23/2018)
03/23/2018 105 JOINT STATEMENT re scheduling conference Proposed Pre-Trial Order. (Brangwynne, Michael) (Entered: 03/23/2018)
03/27/2018 Case reopened. (Garvin, Brendan) (Entered: 03/27/2018)
03/27/2018 106 Chief Judge Patti B. Saris: ENDORSED ORDER entered " ALLOWED " re 105 JOINT PRETRIAL ORDER. (Geraldino-Karasek, Clarilde) (Entered: 03/28/2018)
03/28/2018 107 SET DEADLINES AS TO : MOTIONS IN LIMINE AND DAUBERT MOTIONS due by 5/1/2018 - OPPOSITIONS due by 5/14/2018.

Pretrial/Motions in Limine Hearing set for 5/16/2018 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris.

JURY TRIAL SET FOR set for 6/4/2018 09:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) (Entered: 03/28/2018)
03/29/2018 108 Assented to MOTION for Hearing to Excuse Parties From ADR by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 03/29/2018)
04/04/2018 109 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 4/4/2018 04:00 PM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Lovett, Jarrett) (Entered: 04/04/2018)
04/04/2018 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered finding as moot 108 after conducting a telephone conference with counsel for the parties on this date. (Bowler, Marianne) (Entered: 04/04/2018)
04/04/2018 110 Electronic Clerk's Notes for proceedings held before Magistrate Judge Marianne B. Bowler: Telephone Conference held on 4/4/2018; 108 Asstented to Motion to Excuse Parties from ADR addressed; Dr. Hreib and McQuillen are attend ADR and report back to the Deputy Clerk re Dr. Southards back injury. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.(Attorneys present: Angueira for the pltff; Brangwynne for the deft) (Lovett, Jarrett) (Entered: 04/04/2018)
04/06/2018 112 REPORT of Alternative Dispute Resolution Provider. There was progress, but this case DID NOT SETTLE. Undersigned remains available to mediate this case at the request of counsel.(Putnam, Harold) (Entered: 04/06/2018)
04/12/2018 113 Emergency MOTION for Discovery to Exclude Plaintiff's Supplemental Expert Examination by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brangwynne, Michael) (Entered: 04/12/2018)
04/13/2018 114 NOTICE of Appearance by David W. Faraci on behalf of John Doe (Faraci, David) (Entered: 04/13/2018)
04/13/2018 115 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " DENIED WITHOUT PREJUDICE " re 113 Emergency MOTION for Discovery to Exclude Plaintiff's Supplemental Expert Examination (Geraldino-Karasek, Clarilde) (Entered: 04/13/2018)
04/23/2018 116 ELECTRONIC NOTICE of STATUS CONFERENCE..... Status Conference set for 4/25/2018 11:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 04/23/2018)
04/25/2018 117 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 4/25/2018. JOINT PRETRIAL MEMO SHALL BE FILED BY NO LATER THAN 5/11/18. Final Pretrial Conference, Motions in Limine and Daubert hearing will go forward as scheduled on 5/16/18 at 10:00am; Jury Trial set for 6/4/18 at 9:00am. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 04/26/2018)
05/01/2018 118 MOTION in Limine to Limit the Testimony of Defendants' Experts to the Matters Specifically Identified in Their Original Expert Reports by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Angueira, David) (Entered: 05/01/2018)
05/01/2018 119 MOTION in Limine to Preclude Evidence of Collateral Source Payments by John Doe.(Angueira, David) (Entered: 05/01/2018)
05/01/2018 120 MOTION in Limine Regarding Insurance (1) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 121 MOTION in Limine to Preclude Evidence Pertaining to Manner in Which Plaintiff Became Infected by John Doe.(Angueira, David) (Entered: 05/01/2018)
05/01/2018 122 MOTION in Limine to Preclude Any Expert Testimony Based on Defendants' Supplemental Expert Disclosure by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Angueira, David) (Entered: 05/01/2018)
05/01/2018 123 MOTION in Limine to Preclude Defendants' Experts from Testifying About Certain Issues Identified in Their Expert Reports by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Angueira, David) (Entered: 05/01/2018)
05/01/2018 124 MOTION in Limine to Preclude Evidence Pertaining to the Lack of Testing Plaintiff for HIV by Other Physicians by John Doe.(Angueira, David) (Entered: 05/01/2018)
05/01/2018 125 MOTION in Limine to Preclude References to Prior Lawsuits or Claims (2) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 126 MOTION in Limine for Attorney Conducted Panel Voir Dire by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Angueira, David) (Entered: 05/01/2018)
05/01/2018 127 MOTION in Limine to Preclude References to Medical Malpractice Tribunal (3) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 128 MOTION in Limine to Preclude Reptile Theory/Public Duty/Golden Rule Evidence (4) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A)(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 129 MOTION in Limine to Preclude Evidence of Treatment and Documentation Prior to 2009 Related to Defendant McQuillen (5) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A)(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 130 MOTION in Limine to Preclude Duplicative Expert Testimony (6) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 131 MOTION in Limine to Preclude Certain Hearsay Statements (7) by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A)(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 132 MOTION in Limine Under Daubert to Preclude Expert Opinion on Causation by Daniel P. McQuillen. (Attachments: # 1 Exhibit A)(Brangwynne, Michael) (Entered: 05/01/2018)
05/01/2018 133 MOTION in Limine to Apply Statutory Damages Cap by Lahey Clinic, Inc.. (Attachments: # 1 Exhibit a)(Brangwynne, Michael) (Entered: 05/01/2018)
05/09/2018 134 MOTION to Call Witness Out of Order by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/09/2018)
05/09/2018 135 Opposition re 134 MOTION to Call Witness Out of Order filed by John Doe. (Angueira, David) (Entered: 05/09/2018)
05/09/2018 136 MOTION for Leave to File Reply by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 05/09/2018)
05/10/2018 137 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 136 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Coppola, Katelyn) (Entered: 05/10/2018)
05/10/2018 138 NOTICE: Joint Pretrial Memo to be filed on 5/14/18 as well as oppositions to motions in limine. (pretrial memo deadline extended from 5/11/16 to 5/14/18) (Molloy, Maryellen) (Entered: 05/10/2018)
05/14/2018 139 Opposition re 128 MOTION in Limine to Preclude Reptile Theory/Public Duty/Golden Rule Evidence (4) filed by John Doe. (Angueira, David) (Entered: 05/14/2018)
05/14/2018 140 Opposition re 129 MOTION in Limine to Preclude Evidence of Treatment and Documentation Prior to 2009 Related to Defendant McQuillen (5) filed by John Doe. (Attachments: # 1 Exhibit)(Angueira, David) (Entered: 05/14/2018)
05/14/2018 141 Opposition re 132 MOTION in Limine Under Daubert to Preclude Expert Opinion on Causation filed by John Doe. (Angueira, David) (Entered: 05/14/2018)
05/14/2018 142 Opposition re 131 MOTION in Limine to Preclude Certain Hearsay Statements (7) filed by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Angueira, David) (Entered: 05/14/2018)
05/14/2018 143 Opposition re 130 MOTION in Limine to Preclude Duplicative Expert Testimony (6) filed by John Doe. (Angueira, David) (Entered: 05/14/2018)
05/14/2018 144 Opposition re 122 MOTION in Limine to Preclude Any Expert Testimony Based on Defendants' Supplemental Expert Disclosure, 118 MOTION in Limine to Limit the Testimony of Defendants' Experts to the Matters Specifically Identified in Their Original Expert Reports filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brangwynne, Michael)

(Attachment 2 replaced on 5/15/2018 pursuant to General Order regarding personal identifiers ) (Geraldino-Karasek, Clarilde). (Entered: 05/14/2018)
05/14/2018 145 Opposition re 121 MOTION in Limine to Preclude Evidence Pertaining to Manner in Which Plaintiff Became Infected filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brangwynne, Michael) (Main Document 145, Attachment 1 replaced , Attachment 2 replaced , Attachment 3 replaced, Attachment 4 replaced, Attachment 5 replaced, and Attachment 6 replaced on 5/15/2018 - to Correct PDF pleadings attached ) (Geraldino-Karasek, Clarilde). (Entered: 05/14/2018)
05/14/2018 146 Opposition re 124 MOTION in Limine to Preclude Evidence Pertaining to the Lack of Testing Plaintiff for HIV by Other Physicians filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A)(Brangwynne, Michael) (Entered: 05/14/2018)
05/14/2018 147 Opposition re 119 MOTION in Limine to Preclude Evidence of Collateral Source Payments filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Brangwynne, Michael) (Entered: 05/14/2018)
05/14/2018 148 Opposition re 123 MOTION in Limine to Preclude Defendants' Experts from Testifying About Certain Issues Identified in Their Expert Reports filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Brangwynne, Michael) (Attachment 1 replaced, Attachment 6 replaced , Attachment 7 replaced, AND Attachment 8 replaced on 5/15/2018- to correct docket entry pursuant to General Order regarding personal identifiers ) ) (Geraldino-Karasek, Clarilde). (Entered: 05/14/2018)
05/14/2018 149 Opposition re 126 MOTION in Limine for Attorney Conducted Panel Voir Dire filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Brangwynne, Michael) (Entered: 05/14/2018)
05/14/2018 150 PRETRIAL MEMORANDUM by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Brangwynne, Michael) (Entered: 05/14/2018)
05/15/2018 151 EXHIBIT re 142 Opposition to Motion Exhibit 5 by John Doe. (Angueira, David) (Entered: 05/15/2018)
05/15/2018 152 EXHIBIT re 141 Opposition to Motion Exhibit 1 by John Doe. (Angueira, David) (Entered: 05/15/2018)
05/15/2018 153 REPLY to Response to 134 MOTION to Call Witness Out of Order Leave to File Granted on 5/10/18 filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brangwynne, Michael) (Entered: 05/15/2018)
05/16/2018 154 ELECTRONIC NOTICE of Hearing...... Daubert Hearing set for 5/23/2018 02:45 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) (Entered: 05/16/2018)
05/16/2018 155 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered denying 121 Motion in Limine; denying 122 Motion in Limine; denying 124 Motion in Limine; denying 126 Motion in Limine; denying 129 Motion in Limine; denying 130 Motion in Limine (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 156 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED 118 Motion in Limine; ALLOWED 128 Motion in Limine (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 157 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " ALLOWED, Subject to post-verdict adjustment to damages " re 119 MOTION in Limine to Preclude Evidence of Collateral Source Payments (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 158 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " ALLOWED IN PART, DENIED IN PART, RESERVED IN PART, as Stated in Open Court" re 123 MOTION in Limine to Preclude Defendants' Experts from Testifying About Certain Issues Identified in Their Expert Reports (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 159 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " ALLOWED WITHOUT OPPOSITION " re 120 Motion in Limine; " ALLOWED WITHOUT OPPOSITION " re 125 Motion in Limine; " ALLOWED WITHOUT OPPOSITION "re 127 Motion in Limine (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 160 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " ALLOWED, If necessary " 134 MOTION to Call Witness Out of Order (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 161 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " Allowed in part, denied in part, as stated in open court " re 131 MOTION in Limine to Preclude Certain Hearsay Statements (7) (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 162 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " ALLOWED WITHOUT OPPOSITION " re 133 MOTION in Limine to Apply Statutory Damages Cap (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 163 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered " RESERVING RULING " re 132 MOTION in Limine Under Daubert to Preclude Expert Opinion on Causation (Geraldino-Karasek, Clarilde) (Entered: 05/16/2018)
05/16/2018 164 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Final Pretrial and Motion Hearing held on 5/16/2018 on Motions in Limine. Court hears Oral argument on all pending motions in limine. See docket for rulings. Video Conference Hearing set for 5/23/2018 02:45 PM in Courtroom 19 before Chief Judge Patti B. Saris. Jury Trial will go forward as scheduled on Monday June 4, 2018 at 9:00am (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 05/17/2018)
05/21/2018 165 TRIAL BRIEF by John Doe. (Angueira, David) (Entered: 05/21/2018)
05/21/2018 166 MOTION in Limine for Access to Jury Questionnaires Before June 4, 2018 by John Doe.(Angueira, David) (Entered: 05/21/2018)
05/21/2018 167 MOTION in Limine to Preclude Statements in Plaintiff's Proposed Exhibits by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brangwynne, Michael) (Entered: 05/21/2018)
05/23/2018 168 Emergency MOTION in Limine to Substitute Experts by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Angueira, David) (Entered: 05/23/2018)
05/23/2018 169 Opposition re 167 MOTION in Limine to Preclude Statements in Plaintiff's Proposed Exhibits filed by John Doe. (Angueira, David) (Entered: 05/23/2018)
05/23/2018 170 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Evidentiary Hearing held on 5/23/2018.....Plaintiff calls Dr. Green - sworn, Dr. Green testifies by Video Conference, all matters taken under advisement, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 05/23/2018)
05/25/2018 171 Transcript of Daubert Hearing held on May 23, 2018, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/15/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/23/2018. (Scalfani, Deborah) (Entered: 05/25/2018)
05/25/2018 172 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/25/2018)
05/25/2018 173 Opposition re 168 Emergency MOTION in Limine to Substitute Experts filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brangwynne, Michael) (Entered: 05/25/2018)
05/25/2018 174 MOTION for Leave to File Reply to Defendants' Opposition to Plaintiff's Emergency Motion to Substitute Experts by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Angueira, David) (Entered: 05/25/2018)
05/25/2018 175 Chief Judge Patti B. Saris: ENDORSED ORDER entered.....Granting 168 Plaintiff's Emergency Motion to Substitute Experts...."ALLOWED, The Court allows plaintiff's motion to substitute his neurology expert. Dr. Mandler's illness is not plaintiff's fault and plaintiff will be prejudiced if an adequate substitute is not permitted. However, the Court agrees with defendant that this last minute substitution is unfair. Accordingly, the expert will not be able to offer any new opinions numbered 1-5 (p.6), and the court will grant a brief continuance if defendant seeks it in order to prepare (i.e. 2-4 weeks)." (Molloy, Maryellen) (Entered: 05/29/2018)
05/29/2018 177 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered GRANTING 174 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Coppola, Katelyn) (Entered: 05/31/2018)
05/30/2018 176 MOTION in Limine to View the Juror List Before June 4, 2018 by John Doe.(Angueira, David) (Entered: 05/30/2018)
05/31/2018 178 REPLY to Response to 168 Emergency MOTION in Limine to Substitute Experts Leave to file granted on 5/31/2018 filed by John Doe. (Attachments: # 1 Exhibit)(Angueira, David) (Entered: 05/31/2018)
05/31/2018 179 Chief Judge Patti B. Saris: ORDER entered " DENIED " re 176 Motion in Limine to View the Juror List Before June 4, 2018 (Coppola, Katelyn) (Entered: 05/31/2018)
05/31/2018 180 Proposed Jury Instructions by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Brangwynne, Michael) (Entered: 05/31/2018)
05/31/2018 181 MOTION in Limine to Preclude the Addendum to the Expert Report of Defendants' Expert Dr. Carling by John Doe. (Attachments: # 1 Exhibit, # 2 Exhibit)(Angueira, David) (Entered: 05/31/2018)
05/31/2018 182 Proposed Jury Instructions by John Doe. (Faraci, David) (Entered: 05/31/2018)
06/01/2018 183 Proposed Jury Verdict by John Doe. (Angueira, David) (Entered: 06/01/2018)
06/01/2018 184 Opposition re 181 MOTION in Limine to Preclude the Addendum to the Expert Report of Defendants' Expert Dr. Carling filed by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brangwynne, Michael) (Entered: 06/01/2018)
06/01/2018 185 Defendants' Witness List by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard. (Brangwynne, Michael) (Entered: 06/01/2018)
06/01/2018 186 Plaintiff's Witness List by John Doe. (Angueira, David) (Entered: 06/01/2018)
06/01/2018 187 Plaintiff's Exhibit List by John Doe.. (Angueira, David) (Entered: 06/01/2018)
06/01/2018 188 Defendants' Exhibit List by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.. (Brangwynne, Michael) (Entered: 06/01/2018)
06/04/2018 189 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 1 held on 6/4/2018...Voir Dire begins, 10 Juror's selected and sworn...Openings and Evidence begin. Plaintiff calls Mr. Stentiford-sworn. 10 Jury notebooks handed out to jury - agreed upon exhibits, court adjourned. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.) (Molloy, Maryellen) (Entered: 06/08/2018)
06/05/2018 190 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 2 (TUES) held on 6/5/2018. Mr. Stentiford testimony resumes, court adjourned. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.) (Molloy, Maryellen) (Entered: 06/08/2018)
06/06/2018 191 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 3 (WED) held on 6/6/2018...Mr. Stentiford testimony resumes; Dr. Greene - sworn, court adjourned. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.) (Molloy, Maryellen) (Entered: 06/08/2018)
06/07/2018 192 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 4 (THURSDAY) held on 6/7/2018. Dr. Damle - sworn, (Defense calls) Dr. McQuillen-sworn; Plf calls Linda Bauer - Mass BBO - sworn; court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/08/2018)
06/08/2018 196 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 5 (FRIDAY) held on 6/8/2018. Dr David Dickoff-sworn; Dr Neville Lee-sworn; 3:10pm Dr. Hreib-sworn, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/14/2018)
06/11/2018 193 MOTION for Judgment as a Matter of Law at Close of Plaintiff's Evidence by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 06/11/2018)
06/11/2018 197 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 6 (MONDAY) held on 6/11/2018. Plaintiff calls K.Robishaw-sworn; Dr Hreib testimony resumes; 2:31 Defense calls Dr. Stephen Southard-sworn, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/14/2018)
06/12/2018 194 NOTICE of Voluntary Dismissal by John Doe (Angueira, David) (Entered: 06/12/2018)
06/12/2018 198 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 7 (TUESDAY) held on 6/12/2018. Dr. Southard testimony resumes; Dr. Carling sworn. (sidebar - Pltfs moves orally to dismiss Lahey Clinic-allowed with prejudice, pltf to follow up with a Notice of Voluntary Dismissal, see docket, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/14/2018)
06/13/2018 195 Second MOTION for Judgment as a Matter of Law at Close of All Evidence by Kinan K Hreib, Lahey Clinic, Inc., Daniel P. McQuillen, Stephen E Southard.(Brangwynne, Michael) (Entered: 06/13/2018)
06/13/2018 199 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial DAY 8 (WEDNESDAY) held on 6/13/2018.....Dr. D'Alton sworn; Defense moves in Exhibits 9 & 10. Defendants Rests; Evidence Closed; (sidebar - defense renews (orally) motion for jgm as a matter of law - denied, renewed motion to be filed). Closings begin; Jury Charge; Parties agree that all exhibits are in order, both sides reviewed exhibits - parties content with exhibits. Exhibits sent to Jury Room with tape recording of charge, deliberations begin at 2:45pm. Jury Excused at 5pm to return on Monday June 18, 2018 at 9:00am. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/14/2018)
06/13/2018 Chief Judge Patti B. Saris: ORDER entered. Lahey Clinic, Inc. terminated. Pursuant to 194 NOTICE of Voluntary Dismissal (Coppola, Katelyn) (Entered: 06/14/2018)
06/18/2018 200 Jury Charge Transcripts as to Doe v. Hreib et al. (Geraldino-Karasek, Clarilde) (Entered: 06/18/2018)
06/18/2018 201 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Jury Trial Day 9 (Monday) held on 6/18/2018....9:00am 10 Jurors present, deliberations resume. VERDICT RETURNED in favor of the Plaintiff in the amount of $18.4 Million Dollars - see Verdict slip for further details. All exhibits returned to Plaintiff's counsel, jury excused court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 06/18/2018)
06/18/2018 202 JURY VERDICT in favor of Plaintiff against Defendants. (Geraldino-Karasek, Clarilde) (Entered: 06/18/2018)
06/18/2018 203 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered....Plaintiff's counsel is hereby Ordered to submit a Proposed Judgment on or before 6/25/18.(Molloy, Maryellen) (Entered: 06/18/2018)
06/18/2018 204 Chief Judge Patti B. Saris: ORDER entered " Denied " re 193 MOTION for Judgment as a Matter of Law at Close of Plaintiff's Evidence (Coppola, Katelyn) (Entered: 06/19/2018)
06/18/2018 205 Chief Judge Patti B. Saris: ORDER entered " Denied "re 195 Second MOTION for Judgment as a Matter of Law at Close of All Evidence (Coppola, Katelyn) (Entered: 06/19/2018)
06/20/2018 206 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered : re 132 MOTION in Limine Under Daubert to Preclude Expert Opinion on Causation: " Denied after Daubert Hearing.

re 166 MOTION in Limine for Access to Jury Questionnaires Before June 4, 2018: " Denied as stated in open court ".

re 167 MOTION in Limine to Preclude Statements in Plaintiff's Proposed Exhibits: " Denied as moot since parties agreed to the exhibits during trial".

re 181 MOTION in Limine to Preclude the Addendum to the Expert Report of Defendants' Expert Dr. Carling : " Denied as stated in open court ". (Geraldino-Karasek, Clarilde) (Entered: 06/20/2018)

Outcome: Plaintiff's verdict for $18.4 million.

Plaintiff's Experts:

Defendant's Experts:

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