Eshelman v. Auerbach et al

Filing 413

ORDER granting 412 Motion for Post-Trial Scheduling Order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 4/16/2019. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
CIVIL ACTION NO. 7:16-CV-18-D

FREDRIC N. ESHELMAN,
Plaintiff,

v.

ORDER

PUMA BIOTECHNOLOGY, INC.,
Defendant.

THIS CAUSE, being before the undersigned upon joint motion of Defendant Puma
Biotechnology, Inc. ("Puma") and PlaintiffDr. Fredric N. Eshelman ("Plaintiff' and, with Puma,
the "Parties"), for an order setting a scheduling order for certain post-trial motions; and

IT APPEARS to the Court there is good cause to grant the Parties' motion;
IT IS, THEREFORE, ORDERED THAT:
1. Defendant's Motion for Disallowance of Costs and supporting brief shall be due on
April22, 2019 pursuant to L.R. 54.1 (b);
2. Plaintiff's Response in support of his Application for Costs shall be due on April
29, 2019 pursuant to L.R. 54.1 (b)(l);
3. Defendant's response to Plaintiff's Motion for Attorneys' Fees (the "Fee
Response") shall be due on April 29, 2019, and any reply in support of the Fee
Motion shall be due on May 13, 2019 pursuant to L.R. 7.1 (f) and (g);
4. If Plaintiff elects to file a Supplemental Fee Memorandum, Defendant's response
to the Supplemental Fee Memorandum shall be due twenty-one (21) days following
service of the Supplemental Fee Memorandum, and any reply to such response shall

be due fourteen (14) days after the service of such response pursuant to L.R. 7.1 (f)
and (g);
5. The Parties' anticipated Rule 59 motions will be due on April 22, 20 19 pursuant to
Fed.R.Civ.P. 59 (b) and (e);
6. The Parties' memoranda in support of any Rule 59 motions will be due five (5)
days following receipt of the full volume of trial transcripts in accordance with the
Court's prior Orders;
7. The Parties shall have twenty-one (21) and fourteen (14) days respectively, for any
response and reply brief for any Rule 59 motion pursuant to L.R. 7.1 (f) and (g).

This the~ day of April, 2019.

JAMES C. DEVER III
E::!:RiUnited States District Judge

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