`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`Clarksburg
`
`NOVO NORDISK, INC. and
`NOVO NORDISK, AIS,
`
`Plaintiffs,
`
`v.
`
`MYLAN PHARMACEUTICALS, INC.,
`
`Defendant.
`
`CIVIL ACTION NO. I :22-CV-23
`Judge Bailey
`
`FIRST ORDER AND NOTICE REGARDING
`DISCOVERY AND SCHEDULING CONFERENCE
`
`Pursuant to Fed. R. Civ. P. 16(b) and 26(f) and Local Rule of Civil Procedure (“L.R.
`
`Civ. P.”) 16.01 and 26.01, it is hereby ORDERED that:
`
`I. Initial Planning Meeting
`On or before: April 25. 2022
`
`3. Initial Disclosures
`On or before: May 23, 2022
`
`2. Meeting Report
`On or before: May 9, 2022
`
`4. Scheduling Conference:
`If necessary
`
`(1) Initial Planning Meeting: Pursuant to Fed. R. Civ. P. 16 and 26(f) and L.R. Civ.
`
`P. 16.01(b), parties to this action shall meet in person or by telephone on or before April
`
`25, 2022. At this meeting, the parties shall discuss all matters required by Fed. R. Civ. P.
`
`16 and 26(f) and L.R. Civ. P. 16.01(b).
`
`(2) Meeting Report and Proposed Discovery Plan: Pursuant to Fed. R. Civ. P.
`
`26(f) and L.R. Civ. P. 16.01(c), the parties shall submit to this Court a written report on
`
`the results of the initial discovery meeting and a completed Scheduling Order Checklist
`
`(see attached) on or before May 9, 2022. The written report shall
`
`include the parties’
`
`1
`
`
`
`Case 1:22-cv-00023-JPB Document 8 Filed 03/28/22 Page 2 of 4 PageID #: 463
`
`report on those matters set forth in L.R. Civ. P. 16.01 (b)(1 -5) and 16.01(c) and the parties’
`
`discovery plan as required by Fed. R. Civ. P. 26(f). The parties’ report on their meeting
`
`shall be considered by this Court as advisory only. Parties and counsel are subject to
`
`sanctions as setforth in Fed. R. Civ. P. 16(f) and L.R. Civ. P.37.01 forfailureto participate
`
`in good faith in the development and submission of a meeting report and proposed
`
`discovery plan.
`
`(3) Initial Discovery Disclosures: Pursuantto Fed. R. Civ. P. 26(a)(1)and L.R. Civ.
`
`P. 26.01(a), each party shall provide to every other party the initial discovery disclosures
`
`required under Fed. R. Civ. P. 26(a)(1) on or before May 23, 2022.
`
`(4) Telephonic Scheduling Conference: Upon receipt of the meeting report and
`
`proposed discovery plan, this Court may conduct a scheduling conference at a date and
`
`time deemed appropriate. See Fed. R. Civ. P. 16(b) and L.R. Civ. P. 16.01(d). However,
`
`if this Court determines, after a review of the meeting report and proposed discovery plan,
`
`that a scheduling conference is not necessary, no conference will be scheduled and a
`
`scheduling orderwill be entered. See Fed. R. Civ. P. 16(b) and L.R. Civ. P. 16.01(d).
`
`It is so ORDERED.
`
`The Clerk is directed to transmit copies of this Orderto all counsel of record herein,
`
`along with copies of this Court’s Scheduling Order Checklist.
`
`cr~AJ HN PRESTON BAILEY
`
`UNI
`
`STATES DISTRICT JUDGE
`
`2
`
`
`
`Case 1:22-cv-00023-JPB Document 8 Filed 03/28/22 Page 3 of 4 PageID #: 464
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
`
`P Ia i ntiff(s),
`
`V.
`
`Defendant(s).
`
`Civil Action No.
`
`SCHEDULING ORDER CHECKLIST
`
`ATTORNEYS
`
`1. INTERMEDIATE PRETRIAL CONFERENCE
`
`2. MEDIATION
`
`Before -
`
`3. JOINDER AND AMENDMENTS
`
`4. EXPERT DISCLOSURE
`
`a. With Burden
`
`b. Without Burden
`
`5. EXAMINATION/INSPECTIONS
`
`6. DISCOVERY COMPLETION
`
`7. DISPOSITIVE MOTIONS
`
`Responses
`
`_____ Replies
`
`3
`
`
`
`Case 1:22-cv-00023-JPB Document 8 Filed 03/28/22 Page 4 of 4 PageID #: 465
`
`8. PRETRIAL DISCLOSURES, FED R. CIV PRO 26(a) 3
`
`a. Objections
`
`_________________
`
`9. JURY INSTRUCTIONS, VOIR DIRE and VERDICT FORMS
`
`a. Objections
`
`________
`
`10. MOTIONS IN LIMINE
`
`__________
`
`a. Objections
`
`_____________
`
`11. BIOGRAPHICAL SKETCHES
`
`______
`
`12. JOINT FINAL PRETRIAL CONFERENCE ORDER
`
`13. FINAL PRETRIAL CONFERENCE __________
`
`14. Trial
`
`____________
`
`(If non-jury trial, Proposed Findings of Fact
`and Conclusions of Law are to be filed with Court
`and opposing counsel ________________)
`
`4
`
`
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