Pharmaceutical Research and Manufacturers of America et al v. Sandoval et al

Filing 70

ORDER Granting 67 Stipulation to Stay Discovery. Signed by Magistrate Judge Carl W. Hoffman on 11/7/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02315-JCM-CWH Document 67 Filed 11/03/17 Page 1 of 4

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PAT LUNDVALL
Nevada Bar No. 3761
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
[e-mail]
Robert N. Weiner
Admitted Pro Hac Vice
Jeffrey L. Handwerker
Admitted Pro Hac Vice
R. Stanton Jones
Admitted Pro Hac Vice
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Pharmaceutical
Research and Manufacturers of America
and Biotechnology Innovation Organization

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHARMACEUTICAL RESEARCH AND
MANUFACTURERS OF AMERICA and
BIOTECHNOLOGY INNOVATION
ORGANIZATION,

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Case No.: 2:17-cv-02315-JCM-CWH

Plaintiffs,
vs.
BRIAN SANDOVAL, in his official capacity
as Governor of the State of Nevada,
RICHARD WHITLEY, in his official
capacity as Director of the Nevada
Department for Health and Human
Services, and
NEVADA LEGISLATURE,
Defendants.

STIPULATION AND (PROPOSED)
ORDER TO STAY DISCOVERY
(First Request)

Case 2:17-cv-02315-JCM-CWH Document 67 Filed 11/03/17 Page 2 of 4

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On September 1, 2017, a Complaint for Declaratory and Injunctive Relief was

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filed by Plaintiffs Pharmaceutical Research and Manufacturers of America and

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Biotechnology Innovation Organization (“PhRMA and BIO”). (ECF no. 1). On October

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4, 2017, defendants Brian Sandoval and Richard Whitley (“the State Defendants”) filed

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their Answer. (ECF no. 44). On October 5, 2017, Defendant Nevada Legislature

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(“Legislature”) filed its Answer. (ECF no. 45). On that same day, Legislature filed its

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Motion for Summary Judgment (“Motion”). (ECF no. 46). On October 26, 2017,

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PhRMA and BIO opposed the Legislature’s Motion (ECF no. 65) and filed a

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Countermotion for Summary Judgment (“Countermotion”). (ECF no. 66).

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If granted, either the Motion or Countermotion would be case concluding. All

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parties intend to fully brief the Motion and Countermotion. There currently exists no

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scheduled hearing on the Motion or Countermotion, but the parties have requested an

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oral hearing. Until the Court decides the Motion and Countermotion, the parties wish to

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stay discovery, including the conference, discovery plan, and report required by Rule

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26(f) of the Federal Rules of Civil Procedure ("FRCP") and Rule 26-1 of the Local Rules

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of Practice for the United States District Court for the District of Nevada ("LR"), and the

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initial disclosures required by FRCP 26(a). As of the date of this Stipulation, the parties

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have not completed any discovery, nor are there any outstanding discovery requests.

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Good cause exists to stay discovery in this action because (a) the Motion and

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Countermotion raise potentially dispositive issues for the above-captioned case and

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present purely legal issues; (b) staying discovery until the Court decides the Motion

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and Countermotion will prevent the parties from expending litigation resources; (c) all

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named parties join in this request; (d) a stay encourages judicial economy by ensuring

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the Court does not have to resolve discovery disputes between the parties before ruling

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on the potentially dispositive Motion and Countermotion; and (e) there are no existing

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counterclaims and/or cross-claims at this time that require additional factual discovery.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
among the parties, pursuant to FRCP 26 and LR IA 6-2, LR 7-1 and 26-4, that

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Case 2:17-cv-02315-JCM-CWH Document 67 Filed 11/03/17 Page 3 of 4

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discovery shall be stayed in this case until such time as the Court can rule on the

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Motion and Countermotion;
IT IS FURTHER STIPULATED AND AGREED THAT, in the event the Court

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denies either the Motion or Countermotion, and further proceedings are required, the

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parties shall conduct the conference required by FRCP 26(f) (the "Rule 26(f)

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Conference") by no later than thirty (30) days after the Court issues its written decision

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on the Motion and Countermotion, and will submit the discovery plan and scheduling

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order required by FRCP 26(f) and LR 26-1(d) by no later than fourteen (14) days after

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the Rule 26(f) Conference; and
IT IS FURTHER STIPULATED AND AGREED that the parties execute this

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Stipulation in good faith and not for the purposes of delay, and they do not intend to

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Case 2:17-cv-02315-JCM-CWH Document 67 Filed 11/03/17 Page 4 of 4

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waive any substantive or procedural right. The parties have not previously requested

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any extensions of the discovery deadlines.
DATED this 3rd day of November 2017.

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MCDONALD CARANO LLP

NEVADA LEGISLATIVE COUNSEL BUREAU,
LEGAL DIVISION

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By:

/s/ Pat Lundvall
Pat Lundvall
2300 W. Sahara Avenue
Suite 1200
Las Vegas, Nevada 89148
Tel: [phone]
Robert N. Weiner
Admitted Pro Hac Vice
Jeffrey L. Handwerker
Admitted Pro Hac Vice
R. Stanton Jones
Admitted Pro Hac Vice
ARNOLD & PORTER KAYE
SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: [phone]
Attorneys for Plaintiffs
Pharmaceutical Research and
Manufacturers of America and
Biotechnology Innovation
Organization

By: ____/s/ Kevin C. Powers___________
Brenda J. Erdoes, Legislative Counsel
Nevada Bar No. 3644
Kevin C. Powers, Chief Litigation
Counsel
Nevada Bar No. 6781
401 Carson Street
Carson City, NV 89701
Tel: [phone]
Attorneys for Defendant Nevada
Legislature

OFFICE OF THE ATTORNEY GENERAL

By:

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/s/ Linda C. Anderson
Adam Paul Laxalt
Attorney General
Linda C. Anderson
Chief Deputy Attorney General
Nevada Bar No. 4090
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
Tel: [phone]
Attorneys for State Defendants

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IT IS SO ORDERED:
__________________________________
UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE
November 7, 2017
DATED: ______________________________

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