Warax v. Johnson County Healthcare Center Foundation Inc et al

United States District Court
For The District of Wyoming
Jennifer WARAX,
Plaintiff,
vs.
JOHNSON CNTY. HOSP. DIST. d/b/a
JOHNSON CNTY. MEM’L HOSP., Mark
SCHUELER, M.D. and Teah PETTIT, RN,
Defendants,
Case No. 24-CV-00095-KHR
INITIAL PRETRIAL ORDER
On September 30, 2024, an initial pretrial conference was held in this matter under Fed.
R. Civ. P. 16 and U.S.D.C.L.R. 16.1 before the Honorable Stephanie A. Hambrick, United
States Magistrate Judge for the District of Wyoming. 	Ms. Allison Pritchard and Mr. Sean
Olson participated on behalf of Plaintiff, Ms. Amy Iberlin represented Defendant Mark
Schueler, M.D., and Mr. Andrew Sears participated for Defendants Johnson County Memorial
Hospital (“JCMH”), and Teah Pettit, RN. After hearing from the parties, the Court set forth
the following trial schedule.
(a) JURISDICTION AND VENUE —
The Court has jurisdiction over both the parties and the subject matter of this action,
and venue is properly in the United States District Court for the District of Wyoming. Proper
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 1 of 14

2
service of process has been accomplished on all parties, and no parties are erroneously joined
in or omitted from the action.
(b) CONSENT TO TRIAL BY M AGISTRATE JUDGE —
The parties are aware of the provisions of 28 U.S.C. § 636(c) and U.S.D.C.L.R. 73.1(a)
and acknowledge that this case will proceed before the District Judge assigned hereto and not
before the Magistrate Judge. However, the parties are not precluded from consenting to trial before
a Magistrate Judge at least sixty (60) days prior to the trial date.
(c) CLAIMS AND DEFENSES —
Plaintiff:
This is a medical malpractice case resulting in the wrongful death of Mr. Thomas
Warax on May 18, 2022. Mr. Warax went to JCMH on May 17, 2022, with significant pain
in his neck and shoulders that radiated into his chest and arms. 	Defendant Schueler treated
Mr. Warax at JCMH on May 17, 2022, and during the first visit Defendant Schueler did not
complete an EKG despite being aware of Mr. Warax’s extensive past cardiology issues.
Defendant Schueler discharged Mr. Warax around 5:00 p.m. on May 17, 2022, after giving
him an injection in his neck for his pain.
Mr. Warax returned to the hospital around 9:30 p.m. in excruciating pain. Defendant
Schueler performed an EKG on Mr. Warax, which showed an abnormal heart rhythm.
Immediately after the EKG, Mr. Warax began profusely sweating on the table. 	Defendant
Schueler admitted Mr. Warax to the hospital for pain management and ordered blood work.
Mr. Warax’s blood work returned at 12:28 a.m. on May 18, 2022, and showed an elevated
troponin level of .157. Mr. Warax threw up at approximately 5:00 a.m. on May 18, 2022, and
complained of chest pain. 	At 5:30 a.m., Defendant Schueler decided to begin heparin and
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 2 of 14

3
transfer Mr. Warax to a cath lab after performing another EKG, which had abnormal results.
Defendant Schueler instructed nursing staff to retake Mr. Warax’s blood, which came back at
6:23 a.m. with a troponin level of 1.590.
Mr. Warax became unresponsive at 6:34 a.m. as hospital staff was loading him into an
ambulance. Defendants Schueler and Pettit, and other hospital staff were unable to resuscitate,
Mr. Warax after he suffered from a heart attack at JCMH. No agent or employee of Defendant
JCMH or Defendant Schueler did anything to prevent Mr. Warax’s heart attack and ignored
clear signs, including elevated troponin levels, profuse sweating, chest pain, and emesis.
Defendant Mark Schueler, M.D.:
Dr. Schueler is an emergency room doctor in Buffalo, Wyo. 	Dr. Schueler provided
care and treatment to Mr. Warax on May 17, 2022. While Dr. Schueler generally agrees with
Plaintiff’s recitation of the underlying facts, he denies that he ignored signs of a heart attack
or that he did nothing to prevent the death of Mr. Warax. Dr. Schueler also denies that he was
in any way negligent in caring for and treating Mr. Warax.
Defendants Johnson County Hospital District:
Defendants Johnson County Hospital District (“JCHD”) and Teah Pettitt, RN, generally
agree with Plaintiff’s recitation of the underlying facts. They admit that Teah Pettit, RN, was
an employee of the JCHD. However, they deny that Nurse Pettit or any other employee of the
hospital ignored clear signs of a heart attack or otherwise did nothing to prevent Mr. Warax’s
unfortunate death. They deny that Nurse Pettit or any employee of the hospital was negligent.
(d) COMPLEXITY OF THE CASE —
The undersigned Judge is of the opinion that this is a non-complex case.
(e) RULE 26(F) S CHEDULING CONFERENCE —
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 3 of 14

4
The parties have complied with the requirements of Rule 26(f) of the Federal Rules of
Civil Procedure.
(f) 	S ELF E XECUTING ROUTINE DISCOVERY , DISCOVERY DISPUTES , AND DUTY TO
S UPPLEMENT—
(1) The parties will comply with the initial disclosure exchanges required by Fed. R.
Civ. P. 26(a)(1) no later than October 14, 2024.
(2) Pursuant to U.S.D.C.L.R 37.1(b), the parties shall confer regarding any discovery
dispute, and in the event the parties cannot settle the discovery dispute on their own,
counsel shall jointly contact Judge Hambrick’s Chambers prior to filing any written
discovery motions.
(3) The parties have a continuing duty to supplement or correct all discovery
disclosures or responses in accordance with Rule 26(a) of the Federal Rules of Civil
Procedure.
(g) PROPOSED ORDERS —
Proposed orders regarding non-dispositive motions filed in this matter should be submitted
to 	Judge 	Hambrick’s 	chambers 	in 	Microsoft 	Word 	format 	via 	email 	to
wyojudgeSAH@wyd.uscourts.gov. Proposed orders regarding dispositive motions filed in this
matter should be submitted to Judge Rankin’s chambers in Microsoft Word format via email to
wyojudgekhr@wyd.uscourts.gov.
(h) AMENDMENT OF PLEADINGS — Wednesday, November 27, 2024
Any motions to amend the pleadings or add additional parties shall be filed on or before
November 27, 2024.
(i) E XPERT WITNESS DESIGNATION —
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 4 of 14

5
Plaintiff’s Designation Deadline — Monday, May 5, 2025
Defendants’ Designation Deadline — Wednesday, June 4, 2025
The parties shall designate expert witnesses in accordance with Fed. R. Civ. P. 26(a)(2),
U.S.D.C.L.R. 26.1(e), and the following:
(1) 	Plaintiff shall designate expert witnesses and provide Defendant with a complete
summary of the testimony of each expert by Monday, May 5, 2025. Defendant
shall designate expert witnesses and provide Plaintiff with a complete summary of
the testimony of each expert by Wednesday, June 4, 2025.
(2) 	These summaries shall include a comprehensive statement of the expert’s opinions
and the bases for the opinions. See Smith v. Ford Motor Co., 626 F.2d 784 (10th
Cir. 1980) (reversing $800,000 jury verdict where the plaintiff’s medical expert’s
testimony exceeded the scope of the designation and summary). 	This expert
designation with summary does not satisfy the obligation to provide an expert
report under Federal Rule of Civil Procedure 26(a)(2)(B) for retained experts; the
parties must still disclose, and file with the Court, their written expert reports
required by Rule 26(a)(2)(B). See Vincent v. Nelson, 51 F.4th 1200 1213-22 (10th
Cir. 2022) (discussing and contrasting disclosure requirements for retained experts
versus non-retained experts).
(3) 	In cases where treating medical or mental health providers, including vocational
rehabilitation specialists, may or will be called to testify at trial in part or in full as
an expert witness, the party calling that witness shall designate that medical or
mental health provider as an expert witness.
(4) 	The party designating the expert witness shall set forth all special conditions or
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 5 of 14

6
requirements which the designating party or the expert witness will insist upon with
respect to the taking of their depositions, including the amount of compensation the
expert witness will require and the rate per unit of time at which said compensation
will be payable. In the event counsel is unable to obtain such information to include
in the designation, the efforts to obtain the same and the inability to obtain such
information shall be set forth in the designation. U.S.D.C.L.R. 26.1(e).
(5) 	A party may depose the opposing party’s experts after the discovery cutoff date
but must complete the depositions fourteen (14) days prior to the final pretrial
conference.
(6) 	The parties shall serve upon one another, and file with the Court, their written
expert and summary reports pursuant to Rules 26(a)(2)(B) and 26(a)(2)(C) of
the Federal Rules of Civil Procedure.
(j) L ISTING OF O THER WITNESSES — Friday, June 20, 2025
The parties shall list all other witnesses that may be called at trial, other than the
witnesses already identified in the initial disclosures and the expert witnesses to be designated
as set forth above, on or before Friday, June 20, 2025. Such listing of witnesses shall include
the name, address, and a summary of the expected testimony of each witness. Copies of such
witness lists shall be filed with the Court. Witnesses not listed or included in initial disclosures
will be prohibited from testifying, absent consent of the Court for good cause shown.
Testimony not reasonably set out in the summary may be disallowed on motion of the opposing
party.
(k) DISCOVERY CUTOFF DATE — Thursday, July 31, 2025
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 6 of 14

7
The discovery cutoff date is Thursday, July 31, 2025. All written discovery requests
shall be served upon and received by opposing counsel on or before the discovery cutoff date.
All discovery depositions shall be completed by the discovery cutoff date. Subject to the
limitations set forth in Fed. R. Civ. P. 32, trial depositions may be taken up to seven (7) days
prior to the trial date. 	The parties have agreed to increase the number of fact depositions to
fifteen per side.
(l) DISPOSITIVE MOTIONS AND DAUBERT CHALLENGES1 —
Filing Deadline – Thursday, August 14, 2025
Response Deadline – Thursday, August 28, 2025
Dispositive Motion Hearing – Thursday, September 4, 2025, at 2:00 p.m.
(1) 	The deadline for the parties to file all dispositive motions and Daubert
challenges together with briefs and materials in support thereof is Thursday,
August 14, 2025. 	The parties shall file responsive briefs and materials on or
before Thursday, August 28, 2025.
(2) 	If a dispositive motion or Daubert challenge is filed sooner the above deadline,
then a response is due within 21 days of the filing. Each party is limited to a
single dispositive motion of 25-pages unless otherwise allowed by the Court.
The parties shall strictly comply with all other provisions of U.S.D.C.L.R. 7.1.
1 A “Daubert Challenge” refers to those challenges made to the validity or admissibility
of an expert’s opinion testimony based upon the requirements under Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S.
137 (1999).; And Fed. R. Evid. 702.
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 7 of 14

8
(3) 	The dispositive motions are hereby set for oral hearing before the Honorable
Kelly H. Rankin on May 29, 2025, at 2:00 p.m. at the Joseph C. O’Mahoney
Federal Courthouse in Cheyenne, Wyoming. 2
(m) S TIPULATIONS AS TO FACTS — Thursday, September 11, 2025
The parties shall exchange proposals for stipulations as to facts. The parties shall then
confer and file with the Court their stipulations as to the facts in three (3) packets: packet #1
shall be those facts to which both parties agree, packet #2 shall include the facts to which
Plaintiffs seek to stipulate and Defendants do not, and packet #3 shall include the facts to which
Defendants seek to stipulate and Plaintiffs do not. The parties shall file these packets with the
Court by June 4, 2025.
(n) MOTIONS IN LIMINE —
Filing Deadline – Thursday, September 11, 2025
Response Deadline – Thursday, September 25, 2025
Motions in Limine or motions relating to the exclusion of evidence, limited to 15 pages
contained in a single motion, shall be filed no later than Thursday, September 11, 2025.
Responses shall be filed no later than Thursday, September 25, 2025. If a motion in limine
is filed sooner the above deadline, then a response is due within fourteen (14) days of the filing.
Unless otherwise determined, the Court will rule on any motions in limine at the final pretrial
conference. No replies are permitted without leave of the Court.
(o) FINAL PRETRIAL CONFERENCE — Thursday, October 2, 2025, at 2:00 p.m.
2 Any Daubert challenges will be addressed on the briefing unless otherwise requested and ordered by the Court.
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 8 of 14

9
A final pretrial conference in this matter has been scheduled for 2:00 p.m. on
Thursday, October 2, 2025, at the J.C. O’Mahoney Federal Courthouse in Cheyenne,
Wyoming before the Honorable Kelly H. Rankin. 	Counsel for the parties shall appear in
person.
(1) Before the conference, Counsel for represented parties all must agree upon, prepare,
and sign a joint proposed Final Pretrial Order prepared for Judge Rankin’s signature
in the format provided on the District Court Website (www.wyd.uscourts.gov)
under civil forms for Judge Rankin. This form will take the place of a final pretrial
memorandum. If you cannot locate the form, please contact Judge Rankin’s
chambers. All represented parties are jointly responsible for the preparation of the
proposed Final Pretrial Order. 	A copy of the proposed order must be delivered
directly to Judge Rankin’s chambers in Microsoft Word (but not filed) via e-mail to
wyojudgekhr@wyd.uscourts.gov or by U.S. Mail at least seven (7) days before the
final pretrial conference.
(2) Witness and exhibit lists must be exchanged by the parties (but not filed) at least
ten (10) days before the final pretrial conference. Exhibit lists and witness lists must
be included as part of the proposed Final Pretrial Order in accordance with the
instructions in the form order. The parties are not required to list rebuttal witnesses
or impeachment exhibits.
(3) Copies of all exhibits in either electronic or paper form must be brought to the final
pretrial conference. If an exhibit is not brought to the final pretrial conference and
an objection to the exhibit is asserted, the exhibit may be excluded from evidence
for noncompliance with this order.
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 9 of 14

10
(p) E XHIBIT PREPARATION
Exhibits must be prepared for the final pretrial conference and for trial in accordance with
the following instructions:
(1) 	Marking Exhibits. All exhibits must be marked by the parties before trial. Plaintiff
shall list and mark each exhibit with numerals and the case number, e.g., “Case
23CV990 Plaintiff’s Exhibit 1.” Defendant shall list and mark each exhibit with letters
and the case number, e.g., “Case 23CV990 Defendant’s Exhibit A.” In the event there
are multiple plaintiffs and/or defendants, please identify the particular party in the
exhibit marking, e.g., “Case 23CV990 Plaintiff Smith Exhibit 1” or “Case 23CV990
Defendant Smith, Inc. Exhibit A.” Unambiguous abbreviations may also be used, such
as “Case 23CV990 P’s Ex. 1.” U.S.D.C.L.R. 16.2(b)(2).
(2) 	Elimination of Duplicate. The parties should compare the exhibits and eliminate
duplicates. If more than one party wants to offer the same exhibit, then it should be
marked with a number and listed as a joint exhibit on the exhibit list of the
plaintiff(s).
(3) 	Copies for the Court. Before trial, each party must supply the Court with one (1)
hard copy and one (1) electronic/digital copy of all exhibits to be used at trial. The
hard copies of exhibits should be placed in a ringed binder with a copy of the exhibit
list at the front and with each exhibit tabbed.
(q) E XHIBIT L ISTS —
The parties’ exhibit lists are to be prepared in the following format:
EXHIBI
T NO . DESCRIPTION 	F ILE NAME
OBJECTIONS
(CITE
F ED .R.EVID)
C ATEGO
RY
A, B, C
OFFERED
ADMIT/NO
T
ADMITTED
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 10 of 14

11
(A)-(NA)*
(e.g. *****.pdf)
(e.g.
*****.jpeg)
* This column is for use by the trial judge at trial.
The following categories are to be used for objections to exhibits:
(1) Category A. No objections. These exhibits are admissible upon motion of any party,
and will be available for use by any party at any stage of the proceedings without further
proof or objection.
Category B. 	These exhibits are objected to on grounds other than foundation,
identification, or authenticity. 	This category should be used for objections such as
hearsay or relevance.
Category C. These exhibits are objected to on grounds of foundation, identification,
or authenticity. This category should not be used for other grounds, such as hearsay or
relevance. Failure to indicate objections to foundation shall be deemed to be a waiver
of objections as to foundation for listed exhibits. 	Any party establishing foundation
over objection may move for attorney fees and costs necessary to establish the
foundation.
(2) Any Counsel requiring authentication of an exhibit must so notify the offering counsel
in writing within five (5) business days after the exhibit is made available to opposing
counsel for examination. Failure to do so is an admission of authenticity.
(3) Any exhibit not listed on the exhibit lists is subject to exclusion at trial. The Court may
deem any objection not stated on the exhibit list as waived.
(r) WITNESS L ISTS —
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 11 of 14

12
The parties shall identify all witnesses they will call or may call and shall further
identify whether each witness will testify in person, by deposition, or by video tape.
In bench trials, Witness Statements shall be provided for expert witnesses and witnesses
whose testimony involves significant technical matters, but no significant issues of credibility.
Witness statements shall be prepared and used at trial in accordance with Judge Rankin’s
Procedure for Presentation of Direct Testimony by Witness Statement, which is available on
the Court’s website under forms or by contacting Judge Rankin’s chambers.
(s) JURY EVIDENCE RECORDING S YSTEM (JERS) —
The Court uses the Jury Evidence Recording System (JERS) for the electronic
submission of exhibits to the jury (or to the Court in the case of a bench trial). JERS allows
jurors to review evidence (documentary, photo, or video exhibits) on a large flat panel monitor
during deliberations. 	The parties must provide their trial exhibits in electronic format on a
USB drive, DVD, or CD to the office of the Clerk of Court no later than 7 days prior to the
start of trial.
All electronic evidence should be provided using the following formats:
• 	Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif
• 	Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav
Individual files should not exceed 500MB. 	If possible, exhibits approaching or
exceeding this size limit should be separated into multiple files. Parties may obtain additional
information regarding the submission of electronic exhibits by contacting the Clerk’s Office.
(t) JURY TRIAL — Monday, October 27, 2025
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 12 of 14

13
A jury trial is set before the Honorable Kelly H. Rankin for 9:00 a.m. on Monday,
October 27, 2025, in Cheyenne, Wyoming, and is expected to last five (5) days. This case is
stacked #1 on the Court’s docket. U.S.D.C.L.R. 40.1(a).
(u) PROPOSED V OIR DIRE Q UESTIONS , JURY I NSTRUCTIONS AND V ERDICT FORMS, AND JOINT
STATEMENT —
At least seven (7) days before the trial, the parties shall exchange and file proposed voir
dire questions, jury instructions, special verdict form, and a joint statement (all subject to the
parties’ right to supplement such proposals at trial due to matters that cannot be reasonably
foreseen).
(1) The proposed jury instructions and special verdict forms shall also be submitted directly
to Judge Rankin’s chambers via email to wyojudgekhr@wyd.uscourts.gov. 	The
instructions must be formatted as a single document for Word and shall include
citations to authority but should not include a signature block at the bottom of each
instruction.
(2) The parties’ joint statement shall set forth briefly and simply, in a noncontentious
manner, the background of the case and the claims and defenses being asserted. The
joint statement will serve as the basis for informing the jury panel of the background of
the case prior to voir dire. 	The parties should make every effort to agree upon the
language for the statement. To the extent the parties cannot agree, they should use the
following format: “Plaintiff contends . . . .; Defendant contends . . . .”
(v) S ETTLEMENT POSSIBILITIES —
The settlement possibilities of this case are considered by the undersigned Judge to be
fair.
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 13 of 14

14
Dated this 30th day of September, 2024.
Stephanie A. Hambrick
United States Magistrate Judge
Case 1:24-cv-00095-KHR Document 30 Filed 09/30/24 Page 14 of 14