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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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 *** 8 9 JOHN FLOWERS, 10 Plaintiff, 11 v. 12 3:14-CV-00094-LRH-VPC ORDER ELI LILLY AND COMPANY, Defendant. 13 14 Before the court is Plaintiff John Flowers’ Motion to Enhance Damages. ECF No. 109. 15 16 Defendant Eli Lilly and Company has not responded. 17 This was a pharmaceutical product-liability suit in which pro se plaintiff Flowers alleged 18 that the antipsychotic medicine Zyprexa, which Eli Lilly manufactures, caused his diabetes. The 19 court granted in part Eli Lilly’s original motion for summary judgment on July 10, 2015 (ECF 20 No. 61) and granted Eli Lilly summary judgment on the remainder of its claim on July 30, 2016 21 (ECF No. 107). The clerk of the court subsequently entered judgment in favor of Eli Lilly and 22 against Flowers. ECF No. 108. Flowers appealed to the Ninth Circuit Court of Appeals, which 23 dismissed his appeal for failure to comply with its order. ECF No. 113. Flowers also has another 24 related civil case against the Northern Nevada Correctional Center before another court within 25 this district. Flowers v. Baca, No. 14-cv-0366-RCJ-WGC. While the court in that case dismissed 26 his complaint, the Ninth Circuit recently vacated the order and remanded the case. Id. at ECF No. 27 19. 28 /// 1 1 Because judgment was entered against Flowers in his case before this court, it is unclear 2 what relief he is seeking through his present motion. Simply put, there are no damages to 3 enhance. It is possible that he has confused his now-closed case before this court with his now- 4 pending case against the Northern Nevada Correctional Center. 5 6 7 IT IS THEREFORE ORDERED that Plaintiff Flowers’ Motion to Enhance Damages (ECF No. 109) is DENIED. IT IS SO ORDERED. 8 9 DATED this 10th day of February, 2017. 10 LARRY R. HICKS UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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