Free Motion in Limine - District Court of Arizona - Arizona


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SAPIRO v. SUNSTONE IIOTELS INVESTORS, L.L.C., et al. Case No. CIV03-1555 PIIX SRB
Exhibit Index Motion in Limine No. 6 Regarding Future Health Care Expenses and Treatment

Exhibit A Exhibit B Exhibit C Exhibit D

Plaintifl·' Initial I)isclosure Statement, p. 10

Defendants' Interrogatories to Plaintifl·, p.6
Plaintift·' Responses to I)efendants' Interrogatories, p. 8

Excerpts from deposition transcript of Matthew R. Freijc, taken September
16, 2005

Case 2:03-cv-01555-SRB

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EXHIBIT A

Case 2:03-cv-01555-SRB

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DAVID W. SttAPIRO, AZ BAR NO. 015295 ANN M. GAI,VANI (Pro tlac Vice, Sept. 29, 2003) STEVEN W. DAVIS (Pro t][ac Vice, Aug. 26, 2003) BOIES, SCHILLER & FLt·XNER, LLP I999 Harrison Street, Suite 900 Oakland, CA 94612 Telephone (510) 874-I000 Facsimile (510) 874-1460

Attorneys for PIaintiffs
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IN THE UNITED STATES DISTRICT COURT IN THE DISTRICT COURT Ot ARIZONA PHOENIX DIVISION

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MARVIN SAPIRO and GLORIA SAPIRO, his wife,
Plaintiffs,

CASE NO. CIV 03 1555 PttX SRB

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VS.

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SUNSTONE ttO'I'EL INVESTORS, L.L.C., SUNSTONE ItOTEL INVESTORS, L.P.
Defendants.

INITIAL DISCLOSURES PURSUANT TO FED, R.CIV. 26 (a) (i)

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Pursuant to Fed. R. Civ. P. 26(a)(1), and without waiving their right timely to supplement
these Initial Disclosures, Plaintiffs re-submit and supplement the following Initial Disclosures to

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substituted counsel for the Defendants:

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(A)

The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information.

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Marvin Sapiro 15832 Double Eagle Terrace

Case 2:03-cv-01555-SRB

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work.-product doctrine,
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or

any other applicable privileges or exemptions, and has produced such

documents on the condition that any disclosure of materia! protected by the attorney-client

privilege, the work-product doctrine,

or

any other applicable privileges or exemptions is

inadvertent and is not intended to be, nor should not be construed as, a waiver.
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(c)

A computation of any category of damages claimed by the disclosing party,
making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered.
The damages include, but are not limited to the following:

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a)

reimbursement of medical costs of approximately $600,000 to date

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(a detailed summary is attached to this disclosure form and is Bates
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numbered SPRO 001435 through SPRO 001436), as set out in the documents provided;

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b)

a medical cost reserve of at least

$1,000,000 for fhturc medical

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i?

expenses based on the costs from specialized nursing care including, but
not lirrfited to physical therapy, on-going testing;

c)
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consequential damages of $3,000,000 (including without limitation

lost earnings of $ !00,000 annually due to Plaintiff Marvin Sapiro's

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inability to continue with his compensated work overseeing operations at
business operations, un reimbursed travel and medical costs, and

diminished earning and investment capacity affecting ability to provide for


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dependants);

d)

$7,500,000 for pain and suffering;
$1,000,000 for loss of consortium and stress suffered by spouse

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e)
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cause

by victim's neuropsychological damage;
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Case 2:03-cv-01555-SRB

Initial

Document 134-2 to Fed R. (;iv. P. 26(a)(1) Page 4 of 14 Report Pursuant Filed 12/05/2005

EXHIBIT B

Case 2:03-cv-01555-SRB

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Matthew D. Kleifield 011564 Scott I. Gruber 022478 BESS KUNZ 3838 North Centrai Avenue, Suite I500 Phoenix, Arizona 85012-1902 (602) 331-4600

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Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT
1N AND FOR THE DISTRICT COURT OF ARIZONA

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MARVIN SAPIRO SAPIRO, his wife,

and

GLORIA

No. CIV03-I555 PHX SRB
DEFENDANTS' INTERROGATORIES TO PLAINTIFF

Plaintiffs,
V.

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SUNSTONE HOTELS INVESTORS, HOTEL SUNSTONE L.L.C., L.P. INVESTORS,
Defendant.

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TO:
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PLAINTIFFS
Under the authority of Rule 33, Federal Rules

of Civil Procedure,

defendants hereby

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request that the plaintiffs answer in writing and under oath, and with.in forty (30) days f?om the

receipt hereof, the following interrogatories:

INSTRUCTIONS FOR USE
All information is to be divulged which is in the possession of the individual or A. corporate party, his attorneys, investigators, agents, empIoyees or other representatives of the named party and his attorney.

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A "medical practitioner" as used in these interrogatories is meant to include any B. medical doctor, osteopathic physician, podiatrist, doctor of chiropractic, naturopathic physician or other person who performs any form of healing art.
Case 2:03-cv-01555-SRB Document 134-2 Filed 12/05/2005 Page 6 of 14

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The name and address of the person now having custody of any written report made concerning the investigation, evaluation, examination or

analysis.

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Do you know of any person who is skilled in any particular field or science, inciuding the field of medicine, whom you may call as a witness upon the trial of this action and If so, state: who has expressed an opinion upon any issue of this action?
10.
a.

The name and address of each person.

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Describe in detail all injuries, whether physical, mental or emotional, experienced 1 I. since the occurrence and claimed to have been caused, aggravated or otherwise contributed to by the incident alleged in plaintiffs' Complaint.

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12.

State as to each item of medical expense attributable to the incident:
a.

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The name and address of the person or organization paid or owed therefor.

b.

The amount.

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The date of each item of expense (attach copies of the itemized bills, if

desired).
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d.

The person or organization who paid the medical expense.

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e.

The condition for which you incurred the expenses.

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Will you incur medical expenses in the future as a result of the accident in If so, state the amount of medical expenses which question? will be incurred in the Ihture and state in detail the knowledge and source upon which you rely in support of this belief.

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List each injury, symptom or complaint mentioned in answer to Interrogatory No. 8 from which you suffered at any time before the accident.

13.

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i4.

Do you claim to have experienced any economic loss
If so, state:

or lost

any time from gainful

employment as a result of the incident?
a.

The total amount claimed lost and your method of computation.

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Specifically identify all tangible materials which evidence any element of
the claimed loss.

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EXHIBIT C

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DAVID W. St{APIRO, AZ BAR NO. 015295 ANN M. GAI,VANI (Pro tlac Vice, Sept. 29, 2003) STt{VEN W. DAVIS (Pro ttac Vice, Aug. 26, 2003) BOIES, SCtIILht{R & FLt';XNI:.R, I.I.P 1999 Itarrison Street, Suite 900 Oakland, CA 94612 Telephone (510) 874-1000
Facsimile (510) 874-1460

Attorneys for Plaintiffs
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IN 'I'I II{ UNI'I'I';I) STATES DISTRICI COURT IN Tt IE I)ISTRICT COURT OI: ARIZONA Pt tOENIX DIVISION MARVIN SAPIRO and GLORIA SAPIRO, his wife,

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CASE NO. CIV 03 1555 PttX SRB

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PIaintiffs,
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VS.

PI.AINTIFt:S' RESPONSES TO
I)Et:ENDANTS' INTERROGATORIt{S

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SUNS ONt, If() EL INVt;S ORS, I..I,.C., SUNSTONE IO EL INVES I ORS, L.t.,
Defendants.

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TO:

Defendants SUNSTONE ttO'I'F.I. INVESTORS, L.L.C., SUNSTONt:. tIOTEL

INVESTORS, L.P.
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, the plaintiffs

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MARVIN SAPIRO and GI,ORIA SAPIRO submit this response to "Defendants' Interrogatories
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to Plaintiff."
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Plaintiffs refer defendants to the medical records previously disclosed and those to be disclosed in the future, pursuant to Rule 33(d) of the t:ederal Rules of Civil Procedure.
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11.
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Describe in detail all injuries, whether physical, mental or emotional, experienced since the occurrence and claimed to have been caused, aggravated or otherwise contributed to by the incident alleged in plaintift·' Complaint.

Without waiving any objections, and without limiting plaintiffs' testimony at any
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deposition or at trial, plaintiffs respond as follows: PlaintiffMarvin Sapiro contracted
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Legionnaire's Disease at defendants' hotel, as described in the complaint herein and as reflected
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in medical records provided to or to be furnished to defendants. The damages he suffered and

that he continues to suffer are reflected in medical records provided to and to be furnished to defendants.
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12.

State to each item of medical expense attributable to the incident:

In response to Interrogatories I2(a), 12(b), 12(c), 12(d), and !2(e), pursuant to Rule 33(d)
of the Federal Rules of Civil Procedure, plaintiffs refer to the medical records previously
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provided, and to be provided, to defendants, in response to this interrogatory.

In response to Interrogatory 12(0, plaintiffs respond as tbllows: Yes. The exact amount
of medical expenses that will be incurred in the future is not known at this time.

13.
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List each injury, symptom or complaint mentioned in answer to from which you suffered at any time before the accident.

Interrogatory No. 8

Plaintiffs object to this interrogatory because it is not comprehensible: it seeks information about injuries, symptoms, and complaints "mentioned" in response to Interrogatory

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8, which sought information about the evidence that plaintiffs contend demonstrates that

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EXHIBIT D

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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT COURT OF ARIZONA

MARVIN SAPIRO and GLORIA SAPIRO, his wife,

Plaintiffs,
VS.

No.

CIV03-1555 PHX SRB

SUNSTONE HOTELS INVESTORS, L.L.C.; SUNSTONE HOTEL INVESTORS, L.P.,
Defendants.

CERTIFIED

COPY

DEPOSITION OF MATTHEW R. FREIJE
San Clemente,

California

Friday, September 16, 2005
Volume 2

Reported by:
LINDA M. UNGER CSR No. 11403 Job No. 631777

I{squire I)eposilion Services
949.440.7000

Case 2:03-cv-01555-SRB

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THE

WITNESS:

In general,

I'm not a doctor, so

I'm not qualified to give medical advice or to provide a

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diagnosis to a patient.
BY MR. KLEIFIELD:
Q
The sampling that was performed was performed

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while you were present at the property; true?

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A

In May of 2003?
Yes.

Q
A
Q

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Yes.
And how many days, weeks or months was that

following Mr. Sapiro's stay at the property?
A
Q

Approximately three months after.
Based upon that sampling,

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did you reach a

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conclusion regarding the source of any legionella
contamination on the property?

A

What do you mean by source? What caused it, where it came from.

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Q
A

Well, the samples I collected were from the
I did not do

domestic water system, most of them.

sampling extensively around the property.

For example,

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I didn't sample the cooling tower, but I did sample
water from a shower and faucet,

in fact,

a number of

faucets in the domestic water system.

And legionella

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was found in many of those samples.

Q

Based upon your sampling or any work that you
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Hsquire I)eposidon Services 949.440.7000

Case 2:03-cv-01555-SRB

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