Professional Compounding Centers of America Inc. v. Sodergren et al

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FIRST STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER
B ARNES &
T HORNBURG LLP
A T T O R N E Y S A T L A W
S A N D I E G O
Eric J. Beste (SBN 226089)
Eric.Beste@btlaw.com
David A. Frazee (Pro Hac Vice)
David.Frazee@btlaw.com
BARNES & THORNBURG LLP
655 West Broadway, Suite 1300
San Diego, California 92101
Telephone: 	(619) 321-5000
Facsimile: 	(310) 284-3894
Attorneys for Plaintiff
PROFESSIONAL COMPOUNDING CENTERS
OF AMERICA, INC.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
PROFESSIONAL COMPOUNDING CENTERS OF
AMERICA, INC.,
Plaintiff,
v.
ANNE SODERGREN, Executive Officer of the
California State Board of Pharmacy, JULIE ANSEL,
Deputy Executive Officer of the California State Board
of Pharmacy, SEUNG OH, President of the California
State Board of Pharmacy, JESSICA CROWLEY, Vice
President of the California State Board of Pharmacy,
TREVOR CHANDLER, Treasurer of the California
State Board of Pharmacy, RENEE ARMENDARIZ,
Member of the California State Board of Pharmacy,
KARTIKEYA JHA, Board Member of the California
State Board of Pharmacy, SATINDER SANDHU,
Member of the California State Board of Pharmacy,
MARIA D. SERPA, Member of the California State
Board of Pharmacy, NICOLE THIBEAU, Member of
the California State Board of Pharmacy, JEANETTE
DONG, Member of the California State Board of
Pharmacy, JEFF HUGHES, Member of the California
State Board of Pharmacy, CLAUDIA L. MERCADO,
Member of the California State Board of Pharmacy,
JASON NEWELL Member of the California State
Board of Pharmacy, and RICARDO SANCHEZ,
Member of the California State Board of Pharmacy, all
in their official capacities,
Defendants.
Case No.: 2:25-cv-02799-JAM-CSK
FIRST STIPULATION AND
ORDER MODIFYING PRETRIAL
SCHEDULING ORDER
(ECF No. 54)
Ctrm. 6 (14th Floor)
Assigned to:
Senior District Judge John A. Mendez
Referred to:
Magistrate Judge Chi Soo Kim
Case 2:25-cv-02799-JAM-CSK Document 55 Filed 10/13/26 Page 1 of 5

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FIRST STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER
B ARNES &
T HORNBURG LLP
A T T O R N E Y S A T L A W
S A N D I E G O
Pursuant to L.R. 143, Plaintiff and Defendants stipulate and respectfully request that this
Court extend the deadlines contained in the Pretrial Scheduling Order entered by this Court on
March 19, 2026. 	[ECF No. 44] 	The Parties submit the following good cause to support the
requested extensions:
1. 	On February 23, 2026, Plaintiff filed its Amended Complaint for Declaratory,
Injunctive, and Other Relief, alleging four separate claims for relief under the First, Fifth, and
Fourteenth Amendments to the U.S. Constitution. [ECF No. 42]
2. 	On March 25, 2026, Defendants filed a Motion to Dismiss the Amended Complaint,
arguing that all claims should be dismissed. 	[ECF No. 45] 	Plaintiff filed an Opposition to the
Motion to Dismiss, and Defendants filed a reply in support. [ECF Nos. 47, 50]
3. 	On March 29, 2026, this Court entered the Pretrial Scheduling Order, setting various
deadlines for the case, including the deadline for filing dispositive motions (March 5, 2027), the
final pretrial conference (July 2, 2027), and jury trial (August 16, 2027). [ECF No. 44]
4. 	On April 29, 2026, this Court took the fully-briefed Motion to Dismiss under
submission, and vacated the hearing date set for May 5, 2026. [ECF No. 51]
5. 	Three months later, on July 29, 2026, this Court entered an order granting in part and
denying in part Defendants’ Motion to Dismiss, holding that Plaintiff had not sufficiently pled
claims under the First and Fourteenth Amendment, but holding that two claims based on the Fifth
Amendment’s Takings Clause were sufficient to survive the pleading stage. [ECF No. 52]
6. 	On August 18, 2026, Defendants answered the remaining claims in the Amended
Complaint. [ECF No. 53]
7. 	During the pendency of the Motion to Dismiss, the Parties refrained from imposing
on each other the costs and burdens of responding to discovery, as they all recognized that this Court
might not permit all claims to proceed past the pleading stage. 	Since the Court’s issuance of an
Order on the Motion to Dismiss, the Parties have exchanged Rule 26 initial disclosures and started
the process of discovery. 	Nonetheless, given the passage of time since the entry of the Pretrial
Scheduling Order, much of the time initially set by this Court to conduct fact and expert discovery
has passed.
Case 2:25-cv-02799-JAM-CSK Document 55 Filed 10/13/26 Page 2 of 5

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FIRST STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER
B ARNES &
T HORNBURG LLP
A T T O R N E Y S A T L A W
S A N D I E G O
8. 	While there are only two remaining claims in the Amended Complaint, the Parties
anticipate needing additional time to conduct discovery on those claims, to engage and prepare
expert witnesses, to prepare any potential dispositive motions, to explore potential settlement
discussions, and if necessary, to prepare this case for trial. 	Accordingly, the Parties respectfully
request that the following deadlines in the Pretrial Scheduling Order be modified as follows:
Event Description 	Original
Deadline/Date Proposed
Deadline/Date Pretrial 	Scheduling
Order [ECF No. 44]
Expert Disclosures Deadline
(FRCP 26(a)(2)) October 23, 2026 	December 11,
2026 Disclosure of Expert
Witnesses (p. 6)
Supplemental and Rebuttal
Expert Disclosure Deadline
(FRCP 26(a)(2)(c))
December 4, 2026 	January 22, 2027 	Disclosure of Expert
Witnesses (p. 6)
Discovery Completed
Deadline January 8, 2027 	February 19, 2027 	Discovery (p. 6)
All Dispositive Motions
Deadline March 5, 2027 	April 23, 2027 	Motion Hearing
Schedules (p. 2)
Hearing on Dispositive
Motions May 4, 2027 at 1:00
PM June 8, 2027 at
1:00 PM Motion Hearing
Schedules (p. 2)
Final Pre-Trial Conference 	July 2, 2027 at 11:00
AM August 20, 2027 at
11:00 AM Final Pretrial
Conference (pp. 7-8)
Jury Trial 	August 16, 2027 at
9:00 AM October 4, 2027 at
9:00 AM Trial Setting (p. 9)
/ / /
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Case 2:25-cv-02799-JAM-CSK Document 55 Filed 10/13/26 Page 3 of 5

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FIRST STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER
B ARNES &
T HORNBURG LLP
A T T O R N E Y S A T L A W
S A N D I E G O
9. 	This is the Parties’ first request to extend the deadlines contained in the Pretrial
Scheduling Order.
IT IS SO STIPULATED.
Dated: September 21, 2026 	BARNES & THORNBURG LLP
By: 	/s/ Eric J. Beste
Eric J. Beste
David A. Frazee (Pro Hac Vice)
Attorneys for the Plaintiff
PROFESSIONAL COMPOUNDING CENTERS
OF AMERICA, INC.
Dated: September 21, 2026 	ROB B ONTA
Attorney General of California
ANTHONY R. HAKL
Supervising Deputy Attorney General
/s/ David Green
DAVID G REEN
Deputy Attorney General
Attorneys for Defendants
Case 2:25-cv-02799-JAM-CSK Document 55 Filed 10/13/26 Page 4 of 5

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FIRST STIPULATION AND ORDER MODIFYING PRETRIAL SCHEDULING ORDER
B ARNES &
T HORNBURG LLP
A T T O R N E Y S A T L A W
S A N D I E G O
ORDER MODIFYING PRETRIAL SCHEDULING ORDER
Based on the stipulation of the parties and good cause appearing, the Pretrial Scheduling
Order is MODIFIED as follows:
Event Description 	Original
Deadline/Date New Deadline/Date
Expert Disclosures Deadline
(FRCP 26(a)(2)) October 23, 2026 	December 11, 2026
Supplemental and Rebuttal
Expert Disclosure Deadline
(FRCP 26(a)(2)(c))
December 4, 2026 	January 22, 2027
Discovery Completed
Deadline January 8, 2027 	February 19, 2027
All Dispositive Motions
Deadline March 5, 2027 	April 23, 2027
Hearing on Dispositive
Motions May 4, 2027 at 1:00
PM June 08, 2027, at 1:00 PM
Final Pre-Trial Conference 	July 2, 2027 at 11:00
AM August 20, 2027, at 11:00 AM
Jury Trial 	August 16, 2027 at
9:00 AM October 04, 2027, at 9:00 AM
IT IS SO ORDERED.
Dated: October 09, 2026
Case 2:25-cv-02799-JAM-CSK Document 55 Filed 10/13/26 Page 5 of 5