PLAINTIFFS' UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE

JAMES C. MAHAN, District Judge.

Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization (together, "Plaintiffs"), by and through their undersigned counsel, hereby move unopposed for voluntary dismissal of this action and state as follows:

On September 1, 2017, Plaintiffs filed their complaint against Defendants Governor Brian Sandoval and Nevada Department of Health and Human Services Director Richard Whitley, in their official capacities, seeking injunctive relief and a declaration that Nevada Senate Bill 539 is unconstitutional on the grounds that it conflicts with federal patent law and the 2016 Defend Trade Secrets Act, constitutes an unlawful government taking of trade secrets under the Fifth and 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 (collectively with Governor Sandoval and Director Whitley, "Defendants"). ECF No. 43.

On October 4, 2017, Governor Sandoval and Director Whitley answered the complaint, ECF 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., ECF Nos. 46, 66.

Plaintiffs have met and conferred with Defendants regarding the filing of this motion. Plaintiffs have agreed to move for voluntary dismissal without prejudice in light of the acknowledgements, assurances, changed circumstances, and reservation of rights described in the parties' June 28, 2018 joint status report. ECF No. 95. Defendants do not oppose.

Plaintiffs therefore respectfully request that the Court dismiss the complaint without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), with each party to bear its own costs.3

Proposed Order

ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL

Having reviewed Plaintiffs Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization's Unopposed Motion for Voluntary Dismissal Without Prejudice, and good cause appearing therefor:

IT IS HEREBY ORDERED THAT:

Pursuant to Federal Rule of Civil Procedure 41(a)(2), the instant action, Pharmaceutical Research and Manufacturers of America, et al. v. Sandoval, et al., Case No. 2:17-cv-02315-JCM-CWH, is hereby dismissed without prejudice, each party to bear its own costs.

It is SO ORDERED.