Date: 11-21-2017

Case Style:

Case Number: 1:16-cv-04700-JSA

Judge: Justin S. Anand

Court: United States District Court for the Northern District of Georgia (Fulton County)

Plaintiff's Attorney: Maha Yousef Amircani and Thomas Dixon Trask

Defendant's Attorney: Lisa A. Hausten, Melinda S. Kollross, Denise Hoying and Hilliard V. Castilla

Description: Atlanta, GA - Wayne Nichols sued Andrew Fannin on a negligence theory.

Date Filed # Docket Text
10/23/2017 78 Proposed Pretrial Order (Defendant's Portion) by Andrew Fannin. (Castilla, Hilliard) (Entered: 10/23/2017)
10/24/2017 79 ORDER granting 76 Motion in Limine On October 10, 2017, in accordance with the Court's pre-trial scheduling order 66 , Plaintiff has filed an omnibus motion in limine covering various matters. No response was filed by October 20, 2017, as required. Therefore, the Motion is granted as unopposed. See L.R.7.1B, N.D.Ga. Defendant is ordered to refrain from making statements or introducing evidence at trial as to the subjects identified in Plaintiff's motion.Signed by Magistrate Judge Justin S Anand on 10/24/2017. (JSA) (Entered: 10/24/2017)
10/26/2017 80 NOTICE by Andrew Fannin of Witnesses Under Subpoena (Castilla, Hilliard) (Entered: 10/26/2017)
10/26/2017 81 MOTION in Limine To Exclude The Following Evidence from the Trial of this Case by Andrew Fannin. (Castilla, Hilliard) (Entered: 10/26/2017)
10/27/2017 82 RESPONSE in Opposition re 76 MOTION in Limine Admissibility of Evidence at Trial filed by Andrew Fannin. (Castilla, Hilliard) (Entered: 10/27/2017)
10/27/2017 83 MOTION for Reconsideration re 79 Order on Motion in Limine,, by Andrew Fannin. (Castilla, Hilliard) (Entered: 10/27/2017)
10/28/2017 84 ORDER The Court is in receipt of the Defendant's Motion to Reconsider 83 . The Court will hear argument about this motion at the pretrial conference on November 2, 2017. To the extent Defendant wishes the Court to consider any testimony from the expert at issue in Plaintiff's Motion in Limine (Dr. Bain), in an attempt to establish the foundation for the contested opinions, the Defendant may submit any transcripts of previously given testimony in this case along with any relevant exhibits no later than 24 hours before the pretrial conference, or alternatively Plaintiff would be permitted to elicit additional testimony at the hearing. Signed by Magistrate Judge Justin S Anand on 10/27/2017. (JSA) (Entered: 10/28/2017)
10/28/2017 85 ORDER Please note the above order was intended to say that the Defendant, who bears the burden of proof on a Daubert challenge to its proposed expert witness, would be permitted to elicit additional testimony at the pretrial conference in the alternative to submitting transcripts of previously-given testimony if Defendant believes that to be necessary to meet its burden. Signed by Magistrate Judge Justin S Anand on 10/27/2017. (JSA) (Entered: 10/28/2017)
10/31/2017 86 NOTICE Of Filing by Wayne Nichols (Attachments: # 1 Exhibit Deposition of Dr. Freeman)(Trask, Thomas) (Entered: 10/31/2017)
10/31/2017 87 RESPONSE re 83 MOTION for Reconsideration re 79 Order on Motion in Limine,, filed by Wayne Nichols. (Trask, Thomas) (Entered: 10/31/2017)
10/31/2017 88 REPLY to Response to Motion re 76 MOTION in Limine Admissibility of Evidence at Trial filed by Wayne Nichols. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Trask, Thomas) (Entered: 10/31/2017)
10/31/2017 89 RESPONSE re 81 MOTION in Limine To Exclude The Following Evidence from the Trial of this Case filed by Wayne Nichols. (Attachments: # 1 Exhibit A)(Trask, Thomas) (Entered: 10/31/2017)
11/01/2017 90 RESPONSE in Opposition re 76 MOTION in Limine Admissibility of Evidence at Trial filed by Andrew Fannin. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Castilla, Hilliard) (Entered: 11/01/2017)
11/01/2017 91 Withdrawal of Defendant's 50 MOTION to Compel and for Sanctions Against Non-Party ML Healthcare Services by Andrew Fannin. (Castilla, Hilliard) Modified on 11/1/2017 to match pdf text (jkl). (Entered: 11/01/2017)
11/02/2017 92 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Pretrial Conference held on 11/2/2017. The Court scheduled another pretrial conference to be held by telephone on Thursday, November 9, 2017 at 10:00 AM. (jkl) (Entered: 11/03/2017)
11/06/2017 93 RESPONSE in Opposition re 81 MOTION in Limine To Exclude The Following Evidence from the Trial of this Case (Supplemental Response to Defendant's Motion in Limine No. 7) filed by Wayne Nichols. (Trask, Thomas) (Entered: 11/06/2017)
11/06/2017 94 MOTION to Continue From the November 13, 2017 Trial Calendar by Andrew Fannin. (Attachments: # 1 Exhibit A)(Castilla, Hilliard) (Entered: 11/06/2017)
11/06/2017 95 Defendant's Supplemental RESPONSE in Opposition re 76 MOTION in Limine Admissibility of Evidence at Trial filed by Andrew Fannin. (Castilla, Hilliard) Modified on 11/6/2017 (jkl). (Entered: 11/06/2017)
11/06/2017 96 Requests to Charge by Andrew Fannin . (Castilla, Hilliard) (Entered: 11/06/2017)
11/06/2017 97 Requests to Charge by Wayne Nichols . (Trask, Thomas) (Entered: 11/06/2017)
11/07/2017 98 NOTICE to Take Deposition of Kamal Kabakibou filed by Wayne Nichols (Trask, Thomas) (Entered: 11/07/2017)
11/07/2017 99 ORDER and PROPOSED MATERIALS prepared by the Court for purposes of this trial. Signed by Magistrate Judge Justin S Anand on 11/7/17. (jkl) (Entered: 11/07/2017)
11/07/2017 100 RESPONSE re 99 Pretrial Order filed by Wayne Nichols. (Trask, Thomas) (Entered: 11/07/2017)
11/08/2017 101 RESPONSE re 83 MOTION for Reconsideration re 79 Order on Motion in Limine,, (Supplemental Response) filed by Wayne Nichols. (Trask, Thomas) (Entered: 11/08/2017)
11/08/2017 102 Proposed Jury Instructions by Andrew Fannin . (Castilla, Hilliard) (Entered: 11/08/2017)
11/09/2017 106 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Pretrial Conference held on 11/9/2017 granting in part and denying in part 81 Motion in Limine; denying 83 Motion for Reconsideration ; denying as moot 94 Motion to Continue. (Court Reporter Nicholas A. Marrone)(jkl) (Entered: 11/13/2017)
11/10/2017 103 MOTION to Exclude Recent Deposition Testimony of Dr. Kamal Kabakibou by Andrew Fannin. (Castilla, Hilliard) (Entered: 11/10/2017)
11/10/2017 104 RESPONSE re 103 MOTION to Exclude Recent Deposition Testimony of Dr. Kamal Kabakibou filed by Wayne Nichols. (Trask, Thomas) (Entered: 11/10/2017)
11/13/2017 105 AFFIDAVIT of Subpoena Service to Kelly Agan by Andrew Fannin. (Castilla, Hilliard) (Entered: 11/13/2017)
11/13/2017 108 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Jury Selection and Voir Dire held on 11/13/2017. Court will reconvene at 11/14/17 at 9:00 a.m. (Court Reporter Jana Colter)(jkl) (Entered: 11/14/2017)
11/13/2017 ORAL ORDER granting in part and denying in part 103 Motion to Exclude. Signed by Magistrate Judge Justin S Anand on 11/13/17. (beg) (Entered: 11/21/2017)
11/14/2017 107 NOTICE of Appearance by Denise Hoying on behalf of Andrew Fannin (Hoying, Denise) (Entered: 11/14/2017)
11/14/2017 109 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Jury Trial continued on 11/14/2017. Court will reconvene on 11/15/17 at9:00 a.m. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Jana Colter)(jkl) (Entered: 11/15/2017)
11/15/2017 110 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 11/16/17 at 9:00 a.m. Signed by Magistrate Judge Justin S Anand on 11/15/17. (beg) (Entered: 11/15/2017)
11/15/2017 111 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Jury Trial continued on 11/15/2017. The Court denied Defendant's oral motions for mistrial and directed verdict. Court will reconvene at 11/16/17 at 9:00 a.m. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Jana Colter)(jkl) (Entered: 11/16/2017)
11/16/2017 112 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Jury Trial continued on 11/16/2017. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Jana Colter)(jkl) (Entered: 11/20/2017)
11/16/2017 114 Jury Instructions. (jkl) (Entered: 11/20/2017)
11/17/2017 113 Minute Entry for proceedings held before Magistrate Judge Justin S Anand: Jury Trial concluded on 11/17/2017. Jury found in favor of the Plaintiff. (Court Reporter Jana Colter)(jkl) (Entered: 11/20/2017)
11/17/2017 115 JURY VERDICT for Plaintiff in the amount of $1,400,000.00. (jkl) (Entered: 11/20/2017)
11/21/2017 116 ORDER and JUDGMENT in favor of Plaintiff against Defendant in the amount of $1,400,000.00. Signed by Magistrate Judge Justin S Anand on 11/21/17. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- c:Financial Office(jkl) (Entered: 11/21/2017)
11/21/2017 Civil Case Terminated. (jkl) (Entered: 11/21/2017)
11/21/2017 117 EXHIBITS admitted and retained at the 111 Jury Trial held on 11/15/2017 and 112 Jury Trial held on 11/16/2017 have been received from the Courtroom Deputy and placed in Exhibit room. (Plaintiff's Exhibit 75 is Electronic Media.) (Attachments: # 1 Plaintiff's Exhibits 1 Part 1, # 2 Plaintiff's Exhibits 1 Part 2, # 3 Plaintiff's Exhibits 1 Part 3, # 4 Plaintiff's Exhibits 1 Part 4, # 5 Plaintiff's Exhibits 1 Part 5, # 6 Plaintiff's Exhibits 1 Part 6, # 7 Plaintiff's Exhibits 1 Part 7, # 8 Plaintiff's Exhibits 1 Part 8, # 9 Plaintiff's Exhibits 3-4, # 10 Plaintiff's Exhibits 5-30, # 11 Plaintiff's Exhibit 31, # 12 Plaintiff's Exhibits 31A, 32-33, 35, # 13 Defendant's Exhibit 6, # 14 Defendant's Exhibit 7, # 15 Defendant's Exhibit 8) (sap) (Entered: 11/21/2017)
12/01/2017 118 TRANSCRIPT of Jury Trial Verdict held on November 17, 2017, before Judge Justin S. Anand. Court Reporter Wynette C. Blathers, Telephone number (404) 215-1547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/22/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 3/1/2018. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 12/01/2017)
12/05/2017 119 TRANSCRIPT of the Pretrial Conference Hearing Proceedings held on November 9, 2017, before Judge Justin S. Anand. Court Reporter/Transcriber Nicholas A. Marrone, Telephone number 404-215-1486. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2017. Redacted Transcript Deadline set for 1/5/2018. Release of Transcript Restriction set for 3/5/2018. (Attachments: # 1 Notice of Filing of Official Transcript) (kac) (Entered: 12/05/2017)
12/05/2017 120 MOTION for Attorney Fees by Wayne Nichols. (Trask, Thomas) (Entered: 12/05/2017)
12/06/2017 121 APPLICATION for Admission of Lisa A. Hausten Pro Hac Vice (Application fee $ 150, receipt number 113E-7551159)by Andrew Fannin. (Castilla, Hilliard) (Entered: 12/06/2017)
12/06/2017 122 APPLICATION for Admission of Melinda S. Kollross Pro Hac Vice (Application fee $ 150, receipt number 113E-7551273)by Andrew Fannin. (Castilla, Hilliard) (Entered: 12/06/2017)
12/07/2017 123 TRANSCRIPT of Audiotaped Pretrial Conference Proceedings held on 11/2/2017, before Judge Justin Anand. Court Reporter/Transcriber Shannon R. Welch, RMR, CRR, Telephone number 404-215-1383. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/7/2018. (Attachments: # 1 Notice of Filing Transcript) (srw) (Entered: 12/07/2017)
12/13/2017 APPROVAL by Clerks Office re: 122 APPLICATION for Admission of Melinda S. Kollross Pro Hac Vice (Application fee $ 150, receipt number 113E-7551273). Attorney Melinda S. Kollross added appearing on behalf of Andrew Fannin (pmb) (Entered: 12/13/2017)
12/14/2017 124 ORDER granting Melinda S. Kollross' 122 Application for Admission Pro Hac Vice. Signed by Magistrate Judge Justin S Anand on 12/14/17. (jkl) (Entered: 12/14/2017)
12/14/2017 APPROVAL by Clerks Office re: 121 APPLICATION for Admission of Lisa A. Hausten Pro Hac Vice (Application fee $ 150, receipt number 113E-7551159). Attorney Lisa A. Hausten added appearing on behalf of Andrew Fannin (pmb) (Entered: 12/14/2017)
12/14/2017 125 ORDER granting Lisa A. Hausten's 121 Application for Admission Pro Hac Vice. Signed by Magistrate Judge Justin S Anand on 12/14/17. (jkl) (Entered: 12/14/2017)
12/18/2017 126 RESPONSE in Opposition re 120 MOTION for Attorney Fees filed by Andrew Fannin. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Castilla, Hilliard) (Entered: 12/18/2017)
12/19/2017 127 MOTION for New Trial with Brief In Support by Andrew Fannin. (Attachments: # 1 Brief Brief in Support of Defendant's Post-Trial Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Castilla, Hilliard) . Added MOTION to Set Aside Verdict, MOTION to Set Aside Order/Judgment on 12/26/2017 (jkl). (Entered: 12/19/2017)
12/21/2017 128 BILL OF COSTS by Wayne Nichols. (Attachments: # 1 Affidavit Affidavit of Thomas D. Trask in Support of Bill of Costs, # 2 Exhibit Itemized Expenses for Bill of Costs)(Trask, Thomas) (Entered: 12/21/2017)
01/02/2018 129 RESPONSE re 127 MOTION for New Trial MOTION to Set Aside Verdict MOTION to Set Aside Order/Judgment filed by Wayne Nichols. (Trask, Thomas) (Entered: 01/02/2018)
01/02/2018 130 REPLY to Response to Motion re 120 MOTION for Attorney Fees filed by Wayne Nichols. (Trask, Thomas) (Entered: 01/02/2018)
01/03/2018 131 RESPONSE re 128 Bill of Costs Objections to Bill of Costs filed by Andrew Fannin. (Attachments: # 1 Exhibit Exhibit A)(Hausten, Lisa) (Entered: 01/03/2018)
01/04/2018 132 MOTION to Supplement 120 MOTION for Attorney Fees by Wayne Nichols. (Attachments: # 1 Affidavit Affidavit of Lloyd Bell, # 2 Affidavit Affidavit of Maha Amircani, # 3 Affidavit Affidavit of Thomas D. Trask, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(Trask, Thomas) (Entered: 01/04/2018)
01/05/2018 Submission of 120 MOTION for Attorney Fees to Magistrate Judge Justin S Anand. (jkl) (Entered: 01/05/2018)
01/16/2018 133 REPLY BRIEF re 127 MOTION for New Trial MOTION to Set Aside Verdict MOTION to Set Aside Order/Judgment filed by Andrew Fannin. (Hausten, Lisa) (Entered: 01/16/2018)
01/17/2018 134 RESPONSE in Opposition re 132 MOTION to Supplement 120 MOTION for Attorney Fees filed by Andrew Fannin. (Attachments: # 1 Affidavit Declaration of Hilliard V. Castilla as Exhibit 1, # 2 Exhibit Exhibit A to Declaration of Hilliard V. Castilla)(Hausten, Lisa) (Entered: 01/17/2018)
01/25/2018 Submission of 127 MOTION for New Trial/MOTION to Set Aside Verdict/MOTION to Set Aside Order/Judgment, 128 Bill of Costs and 131 Objection to Bill of Costs to Magistrate Judge Justin S Anand. (jkl) (Entered: 01/25/2018)
02/05/2018 135 Notice for Leave of Absence for the following date(s): March 6-15, March 20-April 4, April 10-18, April 26-30, May 3-7, May 17-30, July 2-12, July 26-Aug. 14, Aug. 17-27, Aug. 30-Sep. 11, Sep. 26-28, Nov. 21-28, Dec. 20-Jan. 5, 2019, and Feb. 1-7, 2019, by Thomas Dixon Trask. (Trask, Thomas) (Entered: 02/05/2018)
02/12/2018 136 MOTION for Oral Argument re 120 MOTION for Attorney Fees , 132 MOTION to Supplement 120 MOTION for Attorney Fees , 128 Bill of Costs by Wayne Nichols. (Trask, Thomas) (Entered: 02/12/2018)
02/15/2018 Submission of 132 MOTION to Supplement 120 MOTION for Attorney Fees to Magistrate Judge Justin S Anand. (jkl) (Entered: 02/15/2018)
02/23/2018 137 RESPONSE in Opposition re 136 MOTION for Oral Argument re 120 MOTION for Attorney Fees , 132 MOTION to Supplement 120 MOTION for Attorney Fees , 128 Bill of Costs filed by Andrew Fannin. (Hausten, Lisa) (Entered: 02/23/2018)
03/14/2018 Submission of 136 MOTION for Oral Argument re 120 MOTION for Attorney Fees and 132 MOTION to Supplement MOTION for Attorney Fees to Magistrate Judge Justin S Anand. (jkl) (Entered: 03/14/2018)

Outcome: JURY VERDICT for Plaintiff in the amount of $1,400,000.00. (jkl) (Entered: 11/20/2017)

Plaintiff's Experts:

Defendant's Experts:

Comments: