No. 21-5208

Samuel W. Wani v. George Fox University, et al.

Lower Court: Ninth Circuit
Docketed: 2021-07-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Wani's failure to provide expert testimony regarding the standard of care and causation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Wani's failure to provide expert testimony regarding the standard of care and causation. I did provide expert testimony regarding the standard of care and causation (my doctor's medical records) at the district court. 2) The lower courts abuse of discretion not allowing plaintiff Samuel Wani access to discoverable materials that would change the outcome of the litigation. Access to defendants' emails, A.I.G. Insurance policy, and other perspective defendants (A.1.G. policyholders and owners who are also directly liable) direct violation of plaintiffs right to a fair trial (5tk and 14th Amendment) and breach of FRCP 26. 3) Failure of the lower Court to admit plaintiff Samuel Wani's treating doctor's testimony as expert witness testimony to resolve. "As a result of Wani's failure to provide expert testimony regarding the standard of care and causation, there is no genuine issue of material fact as to his claim against Boughton. Boughton is therefore entitled to summary judgment". The same applies to Doctor Croy. Direct violation of Rule 700-706 FRCP26. 4) Failure to state a claim in which relief can be granted. Plaintiff did state a claim, in fact, 5 claims. Personal Injury is a claim in which relief can be granted (accompanied by medical records expert testimony of treating doctors). , 5) HIPPA as standard of care (prove of damages = personal Injury as | documented) plaintiff is also a HIPPA Expert and an Expert witness healthcare ) provider (Current: certified Fraud, waste and abuse expert, Certified strength and | conditioning coach, Healthcare Administration Student at Eastern Washington | University, Former First responder FireFighter EMT-B and Former clinical assistant | with over 10 years' experience in the medical field). Plaintiff complainant is also an expert testimony under FRCP 701-706. 6) Introduction of the HIPPA Violation (Invasion of privacy) plaintiff stolen medical records by defendants Using plaintiffs PHI 9/4/2015, to commit medical insurance fraud and healthcare fraud. Notice of a new lawsuit was sent to the same defendants in No. 19-35355 D.C. No. 3:17cv-01011-YY with the addition of A.I.G. and Staff (6/15/2021), the NCAA might be a joinder as a plaintiff or defendant following F.B.I. Investigation. Bob Ferguson and the State of Washington will be a plaintiff to the upcoming lawsuit pending resolution. Plaintiff Samuel Wani intends to file another lawsuit against the same defendants in No. 19-35355 D.C. No. 3:17-cv-01011-YY, A.I.G. administrators and possibly the NCAA . in the U.S. district court of Washington. 1 | Petition for Writ of Certiorari

Docket Entries

2021-10-04
Petition DENIED.
2021-09-02
DISTRIBUTED for Conference of 9/27/2021.
2021-08-12
Waiver of right of respondent Dominick Fix-Gonzalez to respond filed.
2021-08-10
Waiver of right of respondents George Fox University, et al. to respond filed.
2021-07-27
Waiver of right of respondent Thomas Croy, MD to respond filed.
2021-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2021)

Attorneys

Dominick Fix-Gonzalez
Troy G SextonMotschenbacher & Blattner LLP, Respondent
George Fox University, et al.
Martin W. JaquaMartin W. Jaqua, Attorney At Law, Respondent
Samuel W. Wani
Samuel W. Wani — Petitioner
Thomas Croy, MD
Janet M. SchroerHart Wagner LLP, Respondent