H&H Pharmaceuticals, LLC v. Chattem Chemicals, Inc., et al

Filing 32

ORDER Granting 31 Stipulation to Stay Remaining Discovery. IT IS HEREBY ORDERED that a status hearing is scheduled for 2:00 PM, 7/10/17, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 3/20/17. (Copies have been distributed pursuant to the NEF - ADR)

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LUIS A. AYON, ESQ.
Nevada Bar No. 9752
JOSEPH A. GUTIERREZ, ESQ.
Nevada Bar No. 9046
MAIER GUTIERREZ AYON
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: 702.629.7925
E-mail:
[e-mail]
[e-mail]

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Attorneys for Plaintiff H&H Pharmaceuticals, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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H&H PHARMACEUTICALS, LLC, a Nevada
limited liability company,

Case No.: 2:16-cv-02148-GMN-VCF

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Plaintiff,

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STIPULATION AND ORDER TO STAY
REMAINING DISCOVERY PENDING
vs.
RESOLUTION OF DEFENDANTS’
MOTION TO DISMISS PLAINTIFF’S
CHATTEM CHEMICALS, INC., a foreign COMPLAINT [ECF NO. 15]
corporation; SUN PHARMACEUTICALS
INDUSTRIES, INC., a foreign corporation;
DOES
I
through
X;
and
ROE
CORPORATIONS I through X, inclusive,

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Defendants.
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Plaintiff H&H Pharmaceuticals, LLC (“Plaintiff”), by and through its attorneys of record, the

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law firm MAIER GUTIERREZ AYON and defendants Chattem Chemicals, Inc. and Sun

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Pharmaceuticals Industries, Inc. (collectively “Defendants”), by and through their attorneys of

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record, the law firms of ROBISON, BELAUSTEGUI, SHARP & LOW and STINSON LEONARD STREET

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LLP, hereby stipulate to request the Court to accept and institute a limited stay of the remaining

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discovery pending resolution of Defendants’ motion to dismiss Plaintiff’s complaint [ECF No. 15]

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filed under seal on September 29, 2016. On October 24, 2016, Plaintiff filed an opposition to

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Defendants’ motion to dismiss [ECF No. 22]. Thereafter, Defendants’ filed under seal their reply in

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support of the motion to dismiss [ECF No. 27] on November 15, 2016.
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The parties have proceeded with conducting discovery but are in agreement that the costs for

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retaining the various experts needed in this complex case will continue to accumulate at a fast pace,

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whereas the discovery costs could potentially become more manageable based on the outcome of

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Defendants’ pending motion to dismiss. Because Plaintiffs have asserted eleven separate claims for

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relief, the parties respectfully request that discovery and the dispositive motion deadline be stayed

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until it is clear what claims are going to survive the pleading phase, so that no further costs are

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expended on potentially unnecessary discovery.

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This is the parties’ first request to stay discovery. The parties bring forth this request in good

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faith and not for the purpose of delay. It is important to note that a trial date has not yet been set in

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this case, and as such, the trial will not need to be postponed due to the requested stay.

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DATED this 20th day of March, 2017.

DATED this 20th day of March, 2017.

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MAIER GUTIERREZ AYON

STINSON LEONARD STREET LLP

__/s/ Luis A. Ayon_____________
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
JOSEPH A. GUTIERREZ, ESQ.
Nevada Bar No. 9046
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Attorneys for Plaintiff
H&H Pharmaceuticals, LLC

__/s/ Cicely I. Lubben_________________
Cicely I. Lubben, Esq.
Admitted Pro Hace Vice
7700 Forsyth Blvd., Suite 1100
St. Louis, Missouri 63105

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MICHAEL E. SULLIVAN, ESQ.
Nevada Bar No. 5142
BARRY L. BRESLOW, ESQ.
Nevada Bar No. 3023
SCOTT L. HERNANDEZ, ESQ.
Nevada Bar No. 13147
ROBINSON BELAUSTEGUI SHARP & LOW
71 Washington Street
Reno, Nevada 89503
Attorneys for Defendants Chattem Chemicals,
Inc. and Sun Pharmaceuticals Industries, Inc.

IT IS HEREBY ORDERED that a status hearing
is scheduled for 2:00 PM, July 10, 2017,
IT IS SO ORDERED.
in Courtroom 3D.

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UNITED STATES MAGISTRATE JUDGE

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DATED this 20th day of March, 2017.
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