Pacira Pharm. v. Research Dev. Found.

Full title: PACIRA PHARMACEUTICALS, INC., Plaintiff, v. RESEARCH DEVELOPMENT…

Court: United States District Court, District of Nevada

Date published: Jan 17, 2023

2:21-cv-02241-CDS-DJA (D. Nev. Jan. 17, 2023)

Opinion

2:21-cv-02241-CDS-DJA

01-17-2023

PACIRA PHARMACEUTICALS, INC., Plaintiff, v. RESEARCH DEVELOPMENT FOUNDATION, Defendant.

ALLISON MacKENZIE, LTD. KAREN A. PETERSON, ESQ. DANIEL SCOTT LEVENTHAL, ESQ. JAIME STARK, ESQ. NORTON ROSE FULBRIGHT U.S. LLP JAMES S. RENARD, ESQ. BRANDY S. NOLAN, ESQ. NORTON ROSE FULBRIGHT U.S. LLP TALBOT R. HANSUM, ESQ. ZACHARY WEGMANN, ESQ. NORTON ROSE FULBRIGHT U.S. LLP Attorneys for Defendant, RESEARCH DEVELOPMENT FOUNDATION PISANELLI BICE PLLC DEBRA L. SPINELLI, ESQ. GREGG LOCASCIO, ESQ. RONALD K. ANGUAS, JR., ESQ. JUSTIN BOVA, ESQ. KIRKLAND & ELLIS LLP RYAN KANE, ESQ. KIRKLAND & ELLIS LLP ANDREW WALTER, ESQ. KIRKLAND & ELLIS LLP Attorneys for Plaintiff, PACIRA PHARMACEUTICALS, INC.

ALLISON MacKENZIE, LTD. KAREN A. PETERSON, ESQ.

DANIEL SCOTT LEVENTHAL, ESQ. JAIME STARK, ESQ. NORTON ROSE FULBRIGHT U.S. LLP

JAMES S. RENARD, ESQ. BRANDY S. NOLAN, ESQ. NORTON ROSE FULBRIGHT U.S. LLP

TALBOT R. HANSUM, ESQ. ZACHARY WEGMANN, ESQ. NORTON ROSE FULBRIGHT U.S. LLP Attorneys for Defendant,

RESEARCH DEVELOPMENT FOUNDATION PISANELLI BICE PLLC

DEBRA L. SPINELLI, ESQ. GREGG LOCASCIO, ESQ. RONALD K. ANGUAS, JR., ESQ. JUSTIN BOVA, ESQ. KIRKLAND & ELLIS LLP RYAN KANE, ESQ. KIRKLAND & ELLIS LLP

ANDREW WALTER, ESQ. KIRKLAND & ELLIS LLP Attorneys for Plaintiff, PACIRA PHARMACEUTICALS, INC.

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME RE: ANTHONY MOLLOY AND DR. MICHNIAK-KOHN DEPOSITIONS

(FOURTH REQUEST)

Plaintiff Pacira Pharmaceuticals, Inc. (“Pacira”) and Defendant Research Development Foundation (“RDF”) (collectively, the “Parties”), by and through their respective counsel, and subject to this Court's approval, agree to modify the Court's March 30, 2022 Scheduling Order (ECF No. 39), September 12, 2022 Order for Extension of Time (ECF No. 75), October 25, 2022 Order for Extension of Time (ECF No. 81), and December 30, 2022 Order for Extension of Time (ECF No. 86) to extend the discovery deadlines. This is the fourth request to modify the Scheduling Order.

The Parties seek to extend the discovery cutoff by seventeen (17) days for the purpose of taking the deposition of one of Pacira's witnesses, Anthony Molloy, and one of RDF's expert witnesses, Dr. Bozena Michniak-Kohn, as shown in the table below.

Description	Current Deadline	Proposed Deadline
Discovery cutoff for all discovery except with respect to Deposition of Anthony Molloy; Expert Witness Depositions of Messrs. Edwards and Stevens, and Dr. Michniak-Kohn; and Service of Final Privilege Logs [1]	January 13, 2023	Unchanged
Discovery cutoff with respect to Depositions of Anthony Molloy and Dr. Michniak- Kohn	January 13, 2023	January 30, 2023

[1] The Court has already granted an extension of the discovery cutoff to January 26, 2023 with respect to expert witness depositions of Messrs. Edwards and Stevens and service of final privilege logs. Dkt. 86 at 4.

This Stipulation is submitted within 21 days of the discovery cutoff. In compliance with LR IA 6-1 and LR 26-3, the Parties submit that good cause exists to extend this deadline. Mr. Molloy's deposition was originally scheduled for January 5, 2023. On January 4, 2023, the day before his deposition, Mr. Molloy tested positive for COVID-19. Dr. Michniak-Kohn's deposition was originally scheduled for January 13, 2023, but Dr. Michiniak-Kohn was still recovering from COVID-19 at the time. The Parties have agreed, subject to the Court's approval, to postpone Mr. Molloy's deposition until January 20, 2023 and Dr. Michniak-Kohn's deposition until January 30, 2023. The Parties do not at this time propose extending any other deadlines. In view of Mr. Molloy and Dr. Michniak-Kohn's illnesses, good cause exists to extend the discovery cutoff by seventeen days for the purpose of taking their depositions.

This Stipulation is made in good faith, with good cause, and not for purposes of unduly delaying discovery or trial.

ORDER

The foregoing Stipulation is GRANTED. IT IS HEREBY ORDERED based on the Parties' foregoing Stipulation, the following modifications to the March 30, 2022 Scheduling Order, September 12, 2022 Order for Extension of Time, October 25, 2022 Order for Extension of Time, and December 30, 2022 Order for Extension of Time (ECF No. 86) are hereby approved and the following discovery and pretrial deadlines extended for good cause shown:

Description	Deadline
Discovery cutoff for all discovery except with respect to Deposition of Anthony Molloy; Expert Witness Depositions of Messrs. Edwards and Stevens, and Dr. Michniak- Kohn; and Service of Final Privilege Logs [2]	January 13, 2023
Discovery cutoff with respect to Depositions of Anthony Molloy and Dr. Michniak-Kohn	January 30, 2023

[2] The Court has already granted an extension of the discovery cutoff to January 26, 2023 with respect to expert witness depositions of Messrs. Edwards and Stevens and service of final privilege logs. Dkt. 86 at 4.

IT IS SO ORDERED.