Shoemake v. Eli Lilly & Co.

Filing 343

ORDER granting 297 Motion to Seal Eli Lily and Company's Memoranda In Support and Exhibits of Motions In Limine Nos. 3-10. Signed by Magistrate Judge David Keesler on 12/29/2015. (tmg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:13-CV-013-RLV-DCK ANGELA SHOEMAKE, Individually, and as Natural Parent and Guardian of minor child, J.S., Plaintiff, v. ELI LILLY & COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER IS BEFORE THE COURT on “Defendant Eli Lilly And Company’s Unopposed Motion To Seal Its Memoranda In Support Of Its Motions In Limine Nos. 3-10 And Exhibits Thereto” (Document No. 297) filed December 23, 2015. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and applicable authority, the undersigned will grant the motion. IT IS, THEREFORE, ORDERED that “Defendant Eli Lilly And Company’s Unopposed Motion To Seal Its Memoranda In Support Of Its Motions In Limine Nos. 3-10 And Exhibits Thereto” (Document No. 297) is GRANTED. IT IS FURTHER ORDERED that the following documents shall be sealed until otherwise ordered by the Court: 1. Memorandum of Law in Support of Motion in limine No. 3 to Exclude Prozac Sales Aids and Marketing Materials Not Seen by Plaintiff’s Prescriber; 2. Memorandum of Law in Support of Motion in limine No. 4 to Exclude Evidence and Argument Regarding the Elavil Label; 3. Memorandum of Law in Support of Motion in limine No. 5 to Exclude Evidence of Adverse Event Reports; 4. Memorandum of Law in Support of Motion in limine No. 6 to Exclude Evidence or Argument Regarding Injuries Caused by Prozac Exposure After the First Trimester; 5. Memorandum of Law in Support of Motion in limine No. 7 to Exclude Evidence or Argument Suggesting that Lilly Concealed Information from FDA; 6. Memorandum of Law in Support of Motion in limine No. 8 to Exclude Evidence of the August 22, 1997 Untitled Letter from DDMAC; 7. Memorandum of Law in Support of Motion in limine No. 9 to Exclude Evidence or Argument Suggesting that the 1996 Chambers Study Found a Four-Times Increased Risk of Cardiac Birth Defects; 8. Memorandum of Law in Support of Motion in limine No. 10 to Exclude Evidence of Foreign Prozac Labeling; and 9. Exhibits 7-38 from the “Index of Exhibits in Defendant’s Memoranda in Support of Motions in limine Filed December 23, 2015.” SO ORDERED. Signed: December 29, 2015 2

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