Case 1:18-cv-12029-ADB Document 257 Filed 01/25/22 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiffs,
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`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS
`USA, INC.,
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`v.
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`ELI LILLY AND COMPANY,
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`Defendant.
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`BURROUGHS, D.J.
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`PRETRIAL ORDER
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`Civil Action No. 18-cv-12029-ADB
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`Trial in this case will begin at 9:00 a.m. on October 18, 2022.1 The parties shall appear
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`before the Court for a final pretrial conference on October 6, 2022 at 9:30 a.m. in Courtroom 17.
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`Each party shall be represented at the pretrial conference by trial counsel.
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`In order to secure the just, speedy and inexpensive determination of this action in
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`accordance with the Civil Justice Reform Act of 1990 and Local Rule 16.5, the parties shall meet
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`prior to this conference to accomplish the following:
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`(1)
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`(4)
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`to discuss and negotiate settlement of the action;
`to draft and sign a stipulation as to all uncontested facts;
`to narrow the issues to be tried;
`to exhibit to all parties any and all photographs, documents, instruments
`and other objects any party intends to offer as exhibits at trial;
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`1 As discussed on the record at the January 20, 2022 conference, the parties expect the trial to last
`three weeks and have provided the Court with a range of four weeks from October 18, 2022 to
`November 10, 2022 in which all parties would be available to try the case. For the purposes of
`this Pretrial Order, the Court will set October 18, 2022 as the trial’s start date. If the parties
`decide on a different start date within their four-week range, they shall inform the Court as soon
`as possible.
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`Case 1:18-cv-12029-ADB Document 257 Filed 01/25/22 Page 2 of 3
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`(5)
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`to give notice to all parties of the names and addresses of witnesses a party
`intends to call at trial, including the names and qualifications of any expert
`witnesses.
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`A party who intends to object to any proposed exhibit or witness shall give written notice
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`to all parties setting forth the basis for the objection. Any motions in limine shall be filed no
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`later than September 16, 2022. Oppositions to motions in limine shall be filed by September 29,
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`2022.
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`In addition, Counsel shall prepare and file, either jointly or separately, pretrial
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`memoranda and/or trial documents which set forth the following:
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`(1)
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`(2)
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`(3)
`(4)
`(5)
`(6)
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`(7)
`(8)
`(9)
`(10)
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`(11)
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`a concise summary of the evidence that will be offered by the plaintiffs,
`defendant and other parties with respect to both liability and damages
`(including special damages, if any);
`a statement of facts established by the pleadings, by admissions or by
`stipulations. Counsel shall stipulate to all facts that are not in genuine
`dispute;
`contested issues of fact;
`any jurisdictional questions;
`any question raised by pending motions;
`any issues of law, including evidentiary questions, together with
`supporting authority;
`any requested amendments to the pleadings;
`any additional matters to aid in the disposition of the action;
`the probable length of trial and whether jury or nonjury;
`a list of the names and addresses of witnesses who will testify at trial and
`the purpose of the testimony, i.e., whether factual, medical, expert, etc.;
`a list of the proposed exhibits (photographs, documents, instruments, and
`all other objects) in order of their introduction to the Court. Those
`exhibits to be introduced without objection shall be identified by a single
`sequence of numbers and those items to which a party reserves the right to
`object shall be identified by a single sequence of capital letters, regardless
`of which party is offering the exhibit.
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`This material shall be filed electronically no later than September 29, 2022.
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`No later than October 11, 2022, each party shall file electronically:
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`(A)
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`In cases to be tried to a jury, a trial brief including:
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`any proposed questions for the voir dire examination of the jury;
`(2)
`requests for instructions to the jury with citation to supporting authority;
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`Case 1:18-cv-12029-ADB Document 257 Filed 01/25/22 Page 3 of 3
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`(3)
`(4)
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`any proposed interrogatories or special verdict form;
`a list of agreed-upon exhibits and any exhibits that are objected to.
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`(B)
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`In nonjury cases, a trial brief including:
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`any proposed findings of fact and requested rulings of law.
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`If the trial materials required by this Order have been previously filed with the Court,
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`please advise the Court in writing of the filing date and supplement trial documents, as
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`necessary. Immediately upon receipt of this Order, any counsel who realizes that one or more
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`attorneys have not been notified shall forthwith notify the additional attorney(s) in writing as to
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`the entry of this Order and file a copy of the writing with the Clerk.
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`Compliance with this Order is not excused, absent the actual filing of closing papers or
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`the entry of a Settlement Order of Dismissal in a form prescribed by the Court.
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`PLEASE NOTE: The Court requests twenty-four hours’ notice of settlement. Any
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`settlement on the eve of trial may result in the imposition of costs, including the costs associated
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`with bringing in jurors unnecessarily.
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`SO ORDERED.
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`January 25, 2022
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`/s/ Allison D. Burroughs
`ALLISON D. BURROUGHS
`U.S. DISTRICT JUDGE
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`3
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