Flowers v. Eli Lilly and Company

Filing 115

ORDERED that Plaintiff Flowers' Motion to Enhance Damages (ECF No. 109 ) is DENIED. Signed by Judge Larry R. Hicks on 2/10/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JOHN FLOWERS,

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Plaintiff,

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v.

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3:14-CV-00094-LRH-VPC

ORDER

ELI LILLY AND COMPANY,
Defendant.

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Before the court is Plaintiff John Flowers’ Motion to Enhance Damages. ECF No. 109.

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Defendant Eli Lilly and Company has not responded.

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This was a pharmaceutical product-liability suit in which pro se plaintiff Flowers alleged

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that the antipsychotic medicine Zyprexa, which Eli Lilly manufactures, caused his diabetes. The

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court granted in part Eli Lilly’s original motion for summary judgment on July 10, 2015 (ECF

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No. 61) and granted Eli Lilly summary judgment on the remainder of its claim on July 30, 2016

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(ECF No. 107). The clerk of the court subsequently entered judgment in favor of Eli Lilly and

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against Flowers. ECF No. 108. Flowers appealed to the Ninth Circuit Court of Appeals, which

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dismissed his appeal for failure to comply with its order. ECF No. 113. Flowers also has another

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related civil case against the Northern Nevada Correctional Center before another court within

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this district. Flowers v. Baca, No. 14-cv-0366-RCJ-WGC. While the court in that case dismissed

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his complaint, the Ninth Circuit recently vacated the order and remanded the case. Id. at ECF No.

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Because judgment was entered against Flowers in his case before this court, it is unclear

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what relief he is seeking through his present motion. Simply put, there are no damages to

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enhance. It is possible that he has confused his now-closed case before this court with his now-

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pending case against the Northern Nevada Correctional Center.

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IT IS THEREFORE ORDERED that Plaintiff Flowers’ Motion to Enhance Damages
(ECF No. 109) is DENIED.
IT IS SO ORDERED.

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DATED this 10th day of February, 2017.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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