Federal Trade Commission et al v. Quincy Bioscience Holding Company, Inc. et al

Filing 192

ORDER FOR PRE-TRIAL SUBMISSIONS: THE COURT HEREBY ORDERS the Parties to complete their pre-trial negotiations and submissions as follows: 1. On February 3, 2022, Plaintiffs shall serve on Defendants a set of proposed findings of ultimate fact, w ithout evidentiary detail, which would be sufficient to sustain a judgment for Plaintiffs if these facts were ultimately found to be true. 2. On March 3, 2022, Defendants shall inform Plaintiffs which of Plaintiffs' proposed findings are co ntested and which are not. Disagreements should be based on substance only, not on the form or wording of any proposed finding. On the same date, Defendants shall serve on Plaintiffs proposed counter-findings of ultimate fact with respect to the contested finding, as further set forth herein. 3. On March 24, 2022, Plaintiffs shall inform Defendants which of Defendants' proposed findings are contested and which are not contested. With respect to those which Plaintiffs contest, Defe ndants shall list the evidentiary sources which support their contentions by April 7, 2022. On March 24, 2022 Plaintiffs must also support each of the initially proposed findings which Defendants dispute with an evidentiary source, citing the sour ce which supports each proposed finding immediately after it. On March 24, 2022, Plaintiffs shall also add reply counter-findings to Defendants' new contentions, with appropriate evidentiary support. 4. On or before April 21, 2022, the P arties shall exchange proposed trial exhibit lists. 5. On or before May 5, 2022, the Parties shall exchange objections to their proposed trial exhibits lists. 6. On or before May 12, 2022, the Parties shall meet and confer regarding their obje ctions to the proposed trial exhibits. 7. On June 3, 2022, the Parties shall sign and file a single consolidated Pre-Trial Order. The Pre-Trial Order shall include, as further set forth herein. 8. On or before June 3, 2022, any Party who intends to use expert witnesses to support disputed findings shall file a sworn statement, executed by the expert witness, summarizing his or her education and professional background and his or her direct testimony. References to any documents or sourc es on which the expert will rely must also be included. 9. On June 3, 2022, the Parties shall also file: (1) trial briefs on contested issue(s) of law; (2) proposed jury charges; (3) proposed voir dire questions; and (4) a list of individuals, companies, or other witnesses that ma appear as witnesses or otherwise be referred to during the trial. Trial briefs should also identify and address any evidentiary issue(s) likely to arise at trial. Briefs should be concise, declaratory statemen ts of the law without unnecessary detail or recitation of facts. Each statement of law must be supported by citation to appropriate authority. SO ORDERED, this 23rd day of November, 2021. ( Brief due by 6/3/2022., Pretrial Order due by 6/3/2022.) (Signed by Judge Louis L. Stanton on 11/23/2021) (vfr)

ase 1:17-cv-00124-LLS Document 191-1 Filed 11/22/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FEDERAL TRADE COMMISSION and

Case No. l:17-cv-00124-LLS

THE PEOPLE OF THE STA TE OF NEW
YORK, by LETITIA JAMES, Attorney
General of the State ofNew York,

·.l'.SDC SD\Y
,DOCl'\lF'.\ f
FLr < TRO\ICALL Y FILED

Plaintiffs,
V.

QUINCY BIOSCIENCE HOLDING
COMPANY , INC. , a corporation ;

;) { l(

:1 :

DA I E F_I_L_ED_:_/ /-r- -=- 1- J _ / ~ 3'/ ::--

QUINCY BIOSCIENCE, LLC, a limited
liability company;
PREY AGEN, INC. , a corporati on
d/b/a/ SUGAR RIVER SUPPLEME TS ;
QUINCY BIOSCIE CE
MA
F ACTURING, LLC, a limited
liability company; and
ARK UNDER WOOD, indi idually and as
an officer of QU CY BIOSCIE CE
HOLD G COMPA Y,
C., QUINCY
BIOSCIE CE, LLC, and PREY AGE ,
C.,
Defendants.

,PR:©P.OSKQ] ORD ER FOR PRE-TRIALS BMISSIO S
THE COURT HEREB

ORDERS the Parties to complete their pre-trial negotiations

and submissions as fo llows:
1.

On February 3, 2022 , Plaintiffs shall serve on Defendants a set of proposed

findings of ultimate fact, without evidentiary detail, which would be sufficient to sustain a
judgment for Plaintiffs if these facts were ultimately found to be true.
2.

On March 3, 2022, Defendants shall inform Plaintiffs

hich of Plaintiffs' proposed

findings are contested and which are not. Disagreements should be based on substance onl , not
on the form or wording of any proposed finding. On the same date, Defendants shall serve on

t

L.

.s

Case 1:17-cv-00124-LLS Document 191-1 Filed 11/22/21 Page 2 of 3

Plaintiffs proposed counter-findings of ultimate fact with respect to the contested finding. With
each counter-finding, Defendants shall list the evidentiary source which supports their contentions,
such as the page number of a deposition, name of a witness, exhibit or photograph . On the same
date, Defendants shall also serve proposed findings on affirmative defenses and other subject
matter not covered by Plaintiffs without evidentiary detail. Defendants ' concessions, counterfindings , and new proposed findings should be sufficient to sustain judgment for Defendants if
found to be true.
3.

On March 24, 2022 , Plaintiffs shall inform Defendants which of Defendants'

proposed findings are contested and which are not contested. With respect to those which Plaintiffs
contest, Defendants shall list the evidentiary sources which support their contentions by April 7,

2022 . On Ma rch 24, 2022 Plaintiffs must also support each of the initially proposed findings
which Defendants dispute with an evidentiary source, citing the source which supports each
proposed finding immediately after it. On March 24, 2022 , Plaintiffs shall also add reply counterfindings to Defendants· new contentions , ith appropriate e identiary support.
4.

On or before April 21 , 2022 , the Parties shall exchange proposed trial exhibit lists.

5.

On or before Ma 5, 2022 , the Parties shall exchange objections to their proposed

trial exhibits lists .
6.

On or before May 12, 2022 , the Parties shall meet and confer regarding their

objections to the proposed trial exhibits.
7.

On June 3, 2022, the Parties shall sign and file a single consolidated Pre-Trial

Order. The Pre-Trial Order shall include: (I) a section containing agreed findings of fact; (2) a
section containing Plaintiffs' proposed findings of fact with evidentiary sources· (3) a section
containing Defendants ' proposed findings of fact listed immediately after the proposed finding it

2

Case 1:17-cv-00124-LLS Document 191-1 Filed 11/22/21 Page 3 of 3

supports with evidentiary sources; (4) a joint list of expert witnesses, identified by name and the
party calling said witness; (5) a list of pre-marked joint trial exhibits which the parties agree may
be received in evidence; (6) a list of other pre-marked exhibits which the Parties do not agree may
be received in evidence, together with the basis for objection and citation to the applicable Federal
Rule of Evidence ; and (7) a section indicating whether the action is a jury or nonjury matter and
estimating the trial time which each Party will require .
8.

On or before June 3, 2022, any Party who intends to use expert witnesses to support

disputed findings shall file a sworn statement, executed by the expert witness, summarizing his or
her education and profes sional background and hi s or her direct testimony. References to any
documents or sources on wh ich the expert will rely must also be included.
9.

On June 3, 2022 , th e Part ies shall also fil e : (1) tri al briefs on co ntested issue(s) of

law; (2) proposed jury charges; (3) proposed voir dire questions; and (4) a list of individuals,
companies, or other witnesses that ma appear as witnesses or otherwise be referred to during the
trial. Trial briefs should also identify and address an e identiary issue(s) like! to arise at trial.
Briefs should be concise, declaratory statements of the la\: without unnecessary detail or recitation
of facts. Each statement of law must be supported by citation to appropriate authority.

SO ORDERED , this

L<at~

23 n.4iay of J\~"'1.6 , 2021,

L.S~

LO IS STANTO
UNITED STATES DISTRICT JUDGE

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