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Strategic Pharmaceutical Solutions, Inc. v. Nevada State Board of Pharmacy, 2:16-cv-00171-RBF-VCF. (2016)

Court: District Court, D. Nevada Number: infdco20160926604 Visitors: 11
Filed: Aug. 04, 2016
Latest Update: Aug. 04, 2016
Summary: STIPULATION TO STAY SCHEDULING ORDER CAM FERENBACH , Magistrate Judge . WHEREAS counsel for the parties have discussed a proposed settlement that would resolve this matter; and WHEREAS, Defendant Nevada State Board of Pharmacy will not be able to consider or approve the proposed settlement until its next regularly scheduled meeting on September 7/8, 2016; and WHEREAS the current Stipulated Amended Discovery Plan and Scheduling Order (ECF 30) ("Scheduling Order") calls for fact witness dep
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STIPULATION TO STAY SCHEDULING ORDER

WHEREAS counsel for the parties have discussed a proposed settlement that would resolve this matter; and

WHEREAS, Defendant Nevada State Board of Pharmacy will not be able to consider or approve the proposed settlement until its next regularly scheduled meeting on September 7/8, 2016; and

WHEREAS the current Stipulated Amended Discovery Plan and Scheduling Order (ECF 30) ("Scheduling Order") calls for fact witness depositions to be completed by August 26, 2016 and offensive expert disclosures and reports to be served by September 2, 2016 — which depositions and reports would not be necessary if the parties concluded the proposed settlement;

THEREFORE, in the interest of avoiding unnecessary litigation efforts (including possible motions concerning pending discovery disputes) — see Fed. R. Civ. P. 1 ("These rules shall . . . be construed, administered and employed by the court and the parties to secure the just speedy and inexpensive determination of every action." (emphasis added));

Plaintiff Strategic Pharmaceutical Solutions, Inc., d/b/a VetSource Home Delivery ("VetSource") and Defendants Nevada State Board of Pharmacy (the "Board"), Leo Basch, Kirk Wenthworth, Jason Penrod, Kevin Desmond, Cheryl Blomstrom and Tallie Pederson (collectively, "Defendants"), by and through their respective undersigned counsel, hereby stipulate, and respectfully request the Court to so order, the following brief stay of the current Scheduling Order, to allow the parties to try to complete the proposed settlement:

(i) All future deadlines in the Scheduling Order and all other proceeding in this action are stayed until September 15, 2016, without prejudice to the current position of any party as to any pending issue;

(ii) If the proposed settlement is not completed by September 15, 2016, all deadlines in the Scheduling Order will be reinstated, with all deadlines occurring after the date of this Stipulation extended by 42 days;

(iii) The parties may, on or after September 15, 2016, submit a proposed further amended scheduling order for consideration by the Court, and may proceed with any motions; and

(iv) In the event that the Court does not So Order this Stipulation, the parties will not be bound by the proposed stay and may proceed with discovery.

IT IS HEREBY ORDERED that a status hearing is scheduled for 10:00 a.m., September 22, 2016, in courtroom 3D.

IT IS SO ORDERED.

Source:  Leagle

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