United States District Court, S.D. Illinois
E.G., a minor, by CHRISTINA RAQUEL, individually and as parent and next friend of E.G., Plaintiffs,
ABBOTT LABORATORIES INC., Defendant.
TRIAL DEMANDED ON ALL COUNTS
T. Boundas An Attorney for Plaintiffs Christina Raquel and
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
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.
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.
Plaintiffs and Abbott hereby stipulate and agree that:
Plaintiffs agree not to mention the preempted labeling
issues, as set forth in Abbott's Motion in
Limine (No. 1) (Docs 162, 164),  which was granted on
February 20, 2015. (Doc. 285).
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).
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).
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.
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.
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
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, ...