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E. G. v. Abbott Laboratories, INC.

United States District Court, S.D. Illinois

April 17, 2017

E.G., a minor, by CHRISTINA RAQUEL, individually and as parent and next friend of E.G., Plaintiffs,
v.
ABBOTT LABORATORIES INC., Defendant.

         JURY TRIAL DEMANDED ON ALL COUNTS

          John T. Boundas An Attorney for Plaintiffs Christina Raquel and E.G.

          Dan H. Ball An Attorney for Defendant Abbott Laboratories Inc.

          JOINT STIPULATION AND PROPOSED ORDER CONCERNING MOTIONS IN LIMINE IN ADVANCE OF TRIAL IN E. G. V. ABBOTT LABORA TORIES INC.

          Honorable Nancy J. Rosenstengel United Stares District Court for the Southern District of Illinois

         Plaintiffs and Defendant Abbott Laboratories Inc. ("Abbott") previously filed motions in limine in D. W.K. v. Abbott Laboratories Inc., No. 14-cv-847, which the Court ruled upon. Based on the Court's Orders in D. W.K, the parties agree not to mention the following topics in front of any jurors or venirepersons, with the caveat that either party can approach the bench for a ruling from the Court if the door has been opened.

         The parties enter into this Stipulation to conserve judicial resources. The parties, however, do not waive or acquiesce to any adverse rulings and instead are understood to have preserved, asserted, and argued the following matters before and during trial. All of the agreed upon rulings referenced below will be deemed as issued in trial, without prejudice to the parties' preservation of their arguments for the purposes of appeal, the Court's discretion to revisit those rulings as appropriate, and/or to the parties' rights to move the Court to revisit and/or reconsider those rulings during trial.

         WHEREFORE, Plaintiffs and Abbott hereby stipulate and agree that:

         1. Plaintiffs agree not to mention the preempted labeling issues, as set forth in Abbott's Motion in Limine (No. 1) (Docs 162, 164), [1] which was granted on February 20, 2015. (Doc. 285).

         2. Plaintiffs agree not to mention other lawsuits, claims or investigations, as set forth in Abbott's Motion in Limine (No. 9) (Doc. 153), which was granted on February 20, 2015. (Doc. 289).

         3. Plaintiffs agree not to mention discovery disputes, motions, court orders, deposition objections or disputes, document retention policies, and unavailable witnesses, as set forth in Abbott's Motion in Limine (No. 10), which was granted on February 20, 2015. (Doc. 289).

         4. Plaintiffs agree not to mention the FDA's new labeling requirements, as set forth in Abbott's Motion in Limine (No. 13), which was granted on February 20, 2015. (Doc. 289).

         5. Plaintiffs agree not to present photographic and video evidence of Plaintiffs' injuries without first showing copies to Abbott in advance, as set forth in Abbott's Motion in Limine (No. 19), on which the ruling was reserved in part on February 20, 2015. (Doc. 289).[2]

         6. The parties agree that no party shall refer to any Adverse Event Reports ("AERs") concerning the condition or injury of any other person without first requesting a ruling on the admissibility of or permissibility of any reference to any such AER.

         7. The parties agree that no party shall refer to the size of any of the law firms of an opposing party's attorney; to the financial status or resources of any party's attorneys or any party's law firms, or any of those attorneys' other businesses or cases; to an opposing party's use of consultants; to hotel accommodations for any of the lawyers, staff, or witnesses participating in trial; or to any party's fee agreement, ...


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