Pharmaceutical Research and Manufacturers of America et al v. Sandoval et al
Filing
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ORDER Granting 96 Unopposed Motion for Voluntary Dismissal without Prejudice. Signed by Judge James C. Mahan on 6/28/2018. (Copies have been distributed pursuant to the NEF - MR)
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Pat Lundvall (NSBN 3761)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: (702) 873-4100
lundvall@mcdonaldcarano.com
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: (202) 942-5000
robert.weiner@apks.com
jeffrey.handwerker@apks.com
stanton.jones@apks.com
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,
Plaintiffs,
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Case No.: 2:17-cv-02315-JCM-CWH
PLAINTIFFS’ UNOPPOSED MOTION
FOR VOLUNTARY DISMISSAL
WITHOUT PREJUDICE
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 the NEVADA LEGISLATURE,
Defendants.
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Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs Pharmaceutical Research and
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Manufacturers of America and Biotechnology Innovation Organization (together, “Plaintiffs”), by
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and through their undersigned counsel, hereby move unopposed for voluntary dismissal of this action
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and state as follows:
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On September 1, 2017, Plaintiffs filed their complaint against Defendants Governor Brian
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Sandoval and Nevada Department of Health and Human Services Director Richard Whitley, in their
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official capacities, seeking injunctive relief and a declaration that Nevada Senate Bill 539 is
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unconstitutional on the grounds that it conflicts with federal patent law and the 2016 Defend Trade
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Secrets Act, constitutes an unlawful government taking of trade secrets under the Fifth and
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Fourteenth Amendments, and violates the Commerce Clause of Article I. ECF No. 1.
On October 3, 2017, the Court permitted the Nevada Legislature to intervene as a defendant
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(collectively with Governor Sandoval and Director Whitley, “Defendants”). ECF No. 43.
On October 4, 2017, Governor Sandoval and Director Whitley answered the complaint, ECF
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No. 44, and, on October 5, 2017, the Legislature answered, ECF No. 45.
Pending before the Court are the parties’ cross-motions for summary judgment. See, e.g.,
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ECF Nos. 46, 66.
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Plaintiffs have met and conferred with Defendants regarding the filing of this motion.
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Plaintiffs have agreed to move for voluntary dismissal without prejudice in light of the
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acknowledgements, assurances, changed circumstances, and reservation of rights described in the
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parties’ June 28, 2018 joint status report. ECF No. 95. Defendants do not oppose.
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Page 2 of 3
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Plaintiffs therefore respectfully request that the Court dismiss the complaint without
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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), with each party to bear its own costs.
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Dated: June 28, 2018.
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/s/ Pat Lundvall
Pat Lundvall (NSBN 3761)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: (702) 873-4100
lundvall@mcdonaldcarano.com
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Robert N. Weiner
Jeffrey L. Handwerker
R. Stanton Jones
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: (202) 942-5000
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Attorneys for Plaintiffs Pharmaceutical Research
and Manufacturers of America and
Biotechnology Innovation Organization
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CERTIFICATE OF SERVICE
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I certify that I am an employee of McDonald Carano, and that on the 28th day of June, 2018,
a true and correct copy of the foregoing PLAINTIFFS’ UNOPPOSED MOTION FOR
VOLUNTARY DISMISSAL WITHOUT PREJUDICE was electronically filed with the Clerk of
the Court by using CM/ECF service which will provide copies to all counsel of record registered to
receive CM/ECF notification.
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/s/ Beau Nelson
An employee of McDonald Carano LLP
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Page 3 of 3
Proposed Order
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Pat Lundvall (NSBN 3761)
McDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: (702) 873-4100
lundvall@mcdonaldcarano.com
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: (202) 942-5000
robert.weiner@apks.com
jeffrey.handwerker@apks.com
stanton.jones@apks.com
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,
Plaintiffs,
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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 the NEVADA LEGISLATURE,
Defendants.
Case No.: 2:17-cv-02315-JCM-CWH
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ UNOPPOSED MOTION
FOR VOLUNTARY DISMISSAL
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Having reviewed Plaintiffs Pharmaceutical Research and Manufacturers of America and
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Biotechnology Innovation Organization’s Unopposed Motion for Voluntary Dismissal Without
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Prejudice, and good cause appearing therefor:
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IT IS HEREBY ORDERED THAT:
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Pursuant to Federal Rule of Civil Procedure 41(a)(2), the instant action, Pharmaceutical
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Research and Manufacturers of America, et al. v. Sandoval, et al., Case No. 2:17-cv-02315-JCM-
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CWH, is hereby dismissed without prejudice, each party to bear its own costs.
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It is SO ORDERED June 28, 2018. day of
this
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United States District Judge
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Page 2 of 2
, 2018.
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