Carter v. Novartis Pharmaceuticals Corporation

Filing 36

ORDER directing the parties to file a joint report about the draft by 2/28/13; denying all pending motions without prejudice; and outlining standard procedures for this Court. Signed by Judge D. P. Marshall Jr. on 2/15/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

EDWARD CARTER
No. 4:12-cv-605-DPM

v.

NOVARTIS PHARMACEUTICALS CORP.

DEFENDANT

ORDER
The Court appreciates the parties' status reports, Document Nos. 34 & 35.
1. Given the age of this case, and the work already done in the MDL,
the Court sees little value in proceeding with an initial scheduling order, a
standard Rule 26(£) conference, and the usual slow start in this case. A draft
final scheduling order is attached. The Court directs the parties to confer and
file a joint report about the draft by 28 February 2013. The short story is that
this case can be ready for trial soon and should be.
2.

All pending motions are denied without prejudice.

Refiling

following this Court's standard procedures makes more sense than
supplementing the current papers. Some additional guidelines: no brief may
exceed twenty-five pages (14 point type); any movant may reply seven
calendar days after the response; and if exhibits to any paper exceed fifty

pages, the Court would appreciate a courtesy copy delivered to chambers in
a three-ring, tabbed binder.
3. Note the supplemental-reports deadlines for experts. The Court will
allow supplemental depositions of experts only to explore any supplemental
report.
4. Further discovery is limited to damages and any supplemental expert
opinions.
5. Note the imminent deadline to request any pleading amendments.
It is past time to get the issues joined and the pleadings locked in.

6. The Court is confused about the plaintiff. Is it Mr. Carter the duly
appointed and serving personal representative of Mrs. Carter's estate,
Document No. 35 (style)? Or is he pursuing the case individually by way of
~~provisional[

] substitut[ion]?" Document No. 34, note 1.

The Court is

unfamiliar with that procedure. The parties should also address this issue in
their February 28th joint report.
7. The Court would appreciate the parties' best preliminary estimate
about the length of trial. Plan on six ho~rs each day in front of the jury.

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8. The Court directs the Clerk to show all pending motions transferred
with this case as denied without prejudice.
So Ordered.

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

EDWARD CARTER
Substituted on behalf of Patsy Carter, Deceased

PLAINTIFF

4:12-cv-605-DPM
v.
NOVARTIS PHARMACEUTICALS
CORPORATION

DEFENDANT

PROPOSED FINAL SCHEDULING ORDER

Pursuant to Federal Rule of Civil Procedure 16(b), the Court orders:
•

Deadline to request any
pleading amendment . . . . . . . . . . . . . . . . . . . 29 March 2013

•

Plaintiffs shall identify all expert
witnesses and produce any
supplemental opinions by .................. 3 June 2013

•

Defendants shall identify all expert
witnesses and produce any
supplemental opinions by ................... 3 July 2013

•

Plaintiff shall identify any rebuttal
expert witnesses and produce
their opinions by ......................... 26 July 2013

•

Discovery cutoff ........................ 4 October 2013

•

Dispositive and Daubert motions due1

•

Settlement conference request ........... 30 October 2013

•

Deposition designations exchanged2

•

Motions in limine due ................ 29 November 2013

•

Local Rule 26.2 pre-trial
disclosure sheets due . . . . . . . . . . . . . . . . . 13 December 2013

•

Joint report on deposition designation
disputes (if any) . . . . . . . . . . . . . . . . . . . . . 13 December 2013

•

Trial briefs due ...................... 13 December 2013

•

Jury Instructions (agreed or disputed)
due ................................ 13 December 2013

•

Responding trial briefs due . . . . . . . . . . . 23 December 2013

•

Pre-Trial Hearing ....................... 3 January 2014

•

Jury Trial, Little Rock Division .......... 13 January 2014

•

Courtroom. Unless otherwise noted, all proceedings will
be in my courtroom (B-155) at the Richard Sheppard
Arnold U.S. Courthouse in Little Rock. If the parties need
lots of technology, we will relocate to a courtroom in the
annex.

1

Note and follow the procedure specified infra

2

Note and follow the procedure specified infra
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.••.

•••

14 October 2013

13 November 2013

•

Divisional Courtroom Locations:
Northern- 490 College, Batesville Courtroom #252.
Eastern - 617 Walnut Street, Helena Courtroom #314
Western -600 W. Capitol, Little Rock Courtroom #B-155
Jonesboro- 615 S. Main, Courtroom #324
Pine Bluff -100 East 8th Street, Courtroom #3602

•

Deposition Designations: The Court strongly encourages
the parties to use live testimony, rather than testimony by
deposition, at trial. If the parties nonetheless need to use
deposition testimony, then they must follow the following
procedure. Thirty days before Local Rule 26.2 pre-trial
disclosure sheets are due, the parties should exchange
deposition designations. As soon as practicable thereafter,
counsel must meet and confer in person. They should try
hard to agree on what deposition testimony will be
presented at trial and resolve any objections. If any dispute
or objection remains unresolved, then the parties should
file a joint report explaining the dispute on the same date
pre-trial disclosure sheets are due. The parties must certify
that they met and conferred in person but failed to resolve
the disputed issue. The parties should also deliver to
chambers a paper copy of the entire transcript of any
deposition involved in any dispute.

•

Discovery Disputes. Counsel should confer in good faith
in person before bringing any discovery dispute to the
Court. Absent an emergency (such as a dispute during a
deposition), if the parties reach an impasse, they should file
a joint five-page report explaining the disagreement and
the Court will rule or schedule a hearing. A party should
not move to compel or the like as a matter of course.

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•

Exhibits. The Court strongly encourages the parties to
agree on as many of the exhibits as possible before the
pre-trial.

•

Jury Instructions. The Court strongly encourages the
parties to agree on the verdict form and as many of the jury
instructions as possible. Use standard instructions (AMI,
Eighth Circuit, or Federal Jury Practice and Instructions
(5th edition)) where possible. Note authority on the bottom
of the each proposed instruction. Please explain the reason
for any disputed instructions in your submission. Send
agreed and disputed instructions in WordPerfect to
dpmchambers@ared. uscourts.gov.

•

Pre-Trial Hearing. We will address motions in limine,
deposition excerpts for use at trial, jury instructions, trial
architecture, exhibits, and voir dire .

•

Summary Judgment. Motions must comply with Federal
Rule of Civil Procedure 56 and Local Rules 7.2 and 56.1.
Make the complete condensed transcript of any deposition
cited an exhibit. Limit your Rule 56.1 statements to material
facts. Include a supporting record citation for each fact
asserted. Responding statements of fact must repeat the
statement being responded to -like a discovery response.
A party's substantial failure to follow these procedures will
result in the party having to correct its filing.

•

Conflicts Of Interest. Counsel must check the Court's list
of financial interests on file in the U.S. District Clerk's
Office to determine whether there is any conflict that might
require recusal. If any party is a subsidiary or affiliate of
any company in which the Court has a financial interest,
counsel should bring that fact to the Court's attention
immediately.

.

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Please communicate with Martha Fugate, Courtroom Deputy, byemail at [e-mail] to check your position on the
calendar as the trial date approaches. In the event of settlement,
advise Ms. Fugate immediately.

AT THE DIRECTION OF THE COURT
JAMES W. McCORMACK, CLERK

By: Courtroom Deputy to Judge D.P. Marshall Jr.

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