FECHO et al v. ELI LILLY AND COMPANY et al

Filing 310

Magistrate Judge Marianne B. Bowler: ORDER entered. ORDER FOR SUMMARY JURY TRIAL. This case will be called for a three day, non-binding summary jury trial on October 22, 2010, at 9:30 a.m. The trial will involve one plaintiff to be designated by plaintiffs counsel on or before September 18, 2012, and defendant Eli Lilly and Company (defendant). On or before the close of business on October 15, 2012, plaintiffs and defendant shall file a joint pretrial memorandum. (Feeney, Eileen)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
MICHELE FECHO, et al,
Plaintiffs,
V.

CIVIL ACTION NO.
11-10152-MBB

ELI LILLY AND COMPANY, et al,
Defendants.
ORDER FOR SUMMARY JURY TRIAL
September 11, 2012

BOWLER, U.S.M.J.
The above entitled action will be called for a three day,
non-binding summary jury trial on October 22, 2010, at 9:30 a.m.
The trial will involve one plaintiff to be designated by
plaintiffs’ counsel on or before September 18, 2012, and
defendant Eli Lilly and Company (“defendant”).
On or before the close of business on October 15, 2012,
plaintiffs and defendant shall file a joint pretrial memorandum.
The joint pretrial memorandum will set forth:
1.

A brief summary of the subject matter categories that

will be addressed by the parties during the trial;
2.

A joint, brief, one paragraph statement of the case to

be read to the venire in order to ascertain whether any member of
the venire has prior knowledge of the case;
3.

Any question raised by a pending motion with respect to

the summary jury trial;
4.

The names of each witness, including any expert witness

designated as such, and whether the witness will be appearing
live, by deposition or by report read into evidence as well as
the purpose of the testimony of each witness.

Plaintiffs’ and

defendant’s counsel shall identify the excerpts of any deposition
or expert report they anticipate offering into evidence to
opposing counsel on or before October 15, 2012;
5.

The proposed exhibits;

6.

Proposed juror questions to be addressed to the venire;

7.

Joint proposed jury instructions.

The parties shall

confer and reach an agreement on each proposed jury instruction.
Instructions shall be brief and concise statements of the law
without any elaboration of the facts.

In the event plaintiffs

and defendant’s counsel cannot agree upon one or more of the
proposed instructions, they may submit no more than three
alternative proposed instructions which shall contain citations
to legal authority to support the particular language employed.
The court will be mailing copies of jury instructions used
in the past to plaintiffs’ counsel, defendant’s counsel and
counsel for Bristol-Meyers Squib Company in order to assist the
parties in crafting the joint instructions.

Any party may

contact defendant’s counsel in the event the party wishes to
obtain a copy;
2

8.

Proposed special verdict form; and

9.

Whether plaintiffs or defendant will require daily copy

of the trial transcript.

/s/ Marianne B. Bowler
MARIANNE B. BOWLER
United States Magistrate Judge

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