Pharmaceutical Research and Manufacturers of America et al v. Brian Sandoval et al, No. 2:2017cv02315 - Document 97 (D. Nev. 2018)

Court Description: 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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Pharmaceutical Research and Manufacturers of America et al v. Brian Sandoval et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 17 18 19 PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA and BIOTECHNOLOGY INNOVATION ORGANIZATION, Plaintiffs, 20 21 22 23 24 25 Doc. 97 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. 26 27 Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs Pharmaceutical Research and 28 Manufacturers of America and Biotechnology Innovation Organization (together, “Plaintiffs”), by Dockets.Justia.com 1 and through their undersigned counsel, hereby move unopposed for voluntary dismissal of this action 2 and state as follows: 3 On September 1, 2017, Plaintiffs filed their complaint against Defendants Governor Brian 4 Sandoval and Nevada Department of Health and Human Services Director Richard Whitley, in their 5 official capacities, seeking injunctive relief and a declaration that Nevada Senate Bill 539 is 6 unconstitutional on the grounds that it conflicts with federal patent law and the 2016 Defend Trade 7 Secrets Act, constitutes an unlawful government taking of trade secrets under the Fifth and 8 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 9 10 (collectively with Governor Sandoval and Director Whitley, “Defendants”). ECF No. 43. On October 4, 2017, Governor Sandoval and Director Whitley answered the complaint, ECF 11 12 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., 13 14 ECF Nos. 46, 66. 15 Plaintiffs have met and conferred with Defendants regarding the filing of this motion. 16 Plaintiffs have agreed to move for voluntary dismissal without prejudice in light of the 17 acknowledgements, assurances, changed circumstances, and reservation of rights described in the 18 parties’ June 28, 2018 joint status report. ECF No. 95. Defendants do not oppose. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 2 of 3 1 Plaintiffs therefore respectfully request that the Court dismiss the complaint without 2 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), with each party to bear its own costs. 3 Dated: June 28, 2018. 4 /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 5 6 7 8 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 9 10 11 12 Attorneys for Plaintiffs Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization 13 14 CERTIFICATE OF SERVICE 15 16 17 18 19 20 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. 21 22 /s/ Beau Nelson An employee of McDonald Carano LLP 23 24 25 26 27 28 Page 3 of 3 Proposed Order 1 2 3 4 5 6 7 8 9 10 11 12 13 14 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 15 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 16 17 18 19 PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA and BIOTECHNOLOGY INNOVATION ORGANIZATION, Plaintiffs, 20 21 22 23 24 25 26 27 28 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 1 Having reviewed Plaintiffs Pharmaceutical Research and Manufacturers of America and 2 Biotechnology Innovation Organization’s Unopposed Motion for Voluntary Dismissal Without 3 Prejudice, and good cause appearing therefor: 4 IT IS HEREBY ORDERED THAT: 5 Pursuant to Federal Rule of Civil Procedure 41(a)(2), the instant action, Pharmaceutical 6 Research and Manufacturers of America, et al. v. Sandoval, et al., Case No. 2:17-cv-02315-JCM- 7 CWH, is hereby dismissed without prejudice, each party to bear its own costs. 8 It is SO ORDERED June 28, 2018. day of this 9 10 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2 , 2018.