UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DR. NICHOLAS ANGELOPOULOS, ) 

)

Plaintiff, ) 

)

v. ) Case No. 12-cv-05836 

)

KEYSTONE ORTHOPEDIC SPECIALISTS, )

S.C., WACHN, LLC, MARTIN R. HALL, ) Hon. Robert M. Dow, Jr.

M.D., IRA K. DUBIN LTD. d/b/a GREEN ) Magistrate Judge Daniel G. Martin

DUBIN & CO., and IRA K. DUBIN, ) 

)

Defendants. ) 

DEFENDANTS’ MOTION TO AMEND FINAL PRETRIAL ORDER

TO INCLUDE PROPOSED SUPPLEMENTAL AGREED VOIR DIRE

QUESTIONS AND CONTESTED JURY INSTRUCTION

Defendants KEYSTONE ORTHOPEDIC SPECIALISTS, S.C. (“Keystone”), WACHN, 

LLC (“WACHN”) and MARTIN R. HALL, M.D., (“Dr. Hall”) (collectively referred to herein as 

“Defendants”), by and through their attorneys, respectfully submit this Motion to Amend Final 

Pretrial Order to Include Proposed Supplemental Agreed Voir Dire Questions and Contested Jury 

Instruction and state as follows: 

1. After numerous good faith discussions, the parties submitted the Final Pretrial 

Order (“PTO”) on April 10, 2017. [Dkt. No. 316.]

2. The PTO included Joint Proposed Voir Dire questions and three sets of proposed 

final jury instructions: (1) joint agreed jury instructions; (2) jury instructions proposed solely by 

Plaintiff; and (3) jury instructions proposed solely by Defendants. [Dkt. Nos. 316-11; 316-14; 

316-15; 316-16.]

3. The parties worked diligently in preparing the PTO. In the intervening three 

weeks, the parties have continued their trial preparations.
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4. In that time, Defendants noted additional appropriate voir dire questions. These 

proposed voir dire questions relate to disputes between an employer and employee. These 

additional proposed voir dire questions are attached hereto as Exhibit A.

5. Defendants also filed Motion in Limine #12 [Dkt. No. 350] on Friday, April 28, 

2017, which seeks to have Plaintiff’s breach of fiduciary duty claim (Count III) decided by the 

Court, not the jury.

6. Should that Motion in Limine #12 be denied (and the jury decides the breach of 

fiduciary duty claim), then the jury should be instructed that the business judgment rule applies 

to that cause of action. A draft jury instruction adapted from the Eighth Circuit Court of 

Appeals’ model jury instructions is attached hereto as Exhibit B.

7. Including these voir dire questions and additional jury instruction (in the 

alternative to Motion in Limine #12) supports fundamental fairness in helping to obtain an 

unbiased jury and instructing the jury properly on the full law applicable to a breach of fiduciary 

duty claim, respectively.

8. Submitting these supplemental proposed questions and jury instructions three 

weeks before trial to Plaintiff and this Court causes no harm or prejudice to Plaintiff. In 

accordance with this Court’s standing order, Defendants provided these proposed additions to 

Plaintiff’s counsel on April 28, 2017.

9. Plaintiff agreed to include the two additional proposed voir dire questions.

10. Plaintiff did not agree to the additional jury instruction on the business judgment 

rule, but did not provide a particular basis for the objection.

11. The additional jury instruction is proper, as the business judgment rule applies to 

a breach of fiduciary duty claim (should the jury decide that claim).
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Meet and Confer Statement Per Paragraph 12(a) of Judge Dow’s Standing Order

12. Counsel for Defendants conferred with counsel for Plaintiff on April 28, 2017 and 

May 1, 2017 via e-mail, and determined that the matter upon which a ruling is sought by way of 

the supplemental jury instruction is actually in dispute. 

WHEREFORE Defendants Keystone, WACHN and Dr. Hall respectfully request that 

their proposed additional voir dire questions attached hereto as Exhibit A be propounded to the 

venire in voir dire and that, if the Court denies Defendants’ Motion in Limine #12, the Court also 

include the proposed jury instruction on the business judgment rule attached hereto as Exhibit B 

with the instructions regarding breach of a fiduciary duty, that the Final Pretrial Order be 

amended accordingly, and for all other just relief.

Dated: May 1, 2017 Respectfully submitted, 

KEYSTONE ORTHOPEDIC 

SPECIALISTS, S.C., WACHN, LLC, and 

MARTIN R. HALL, M.D.

/s/ Arthur M. Holtzman

By: 

One of their Attorneys

Arthur Holtzman (#1252844)

Naureen Amjad (#6295770)

Lawrence Byrne (#6208752)

Bevin Brennan (#6271982)

PEDERSEN & HOUPT

161 North Clark Street, Suite 2700

Chicago, Illinois 60601

(312) 641-6888

aholtzman@pedersenhoupt.com

namjad@pedersenhoupt.com

lbyrne@pedersenhoupt.com

bbrennan@pedersenhoupt.com