State v. State, 010419 NVSC, 76485

Docket Nº:76485, 76510
Party Name:THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR OF THE NEVADA DEPARTMENT OF CORRECTIONS; IHSAN AZZAM, PH.D., M.D., CHIEF MEDICAL OFFICER OF THE STATE OF NEVADA IN HIS OFFICIAL CAPACITY; AND JOHN DOE, ATTENDING PHYSICIAN AT PLANNED EXECUTION OF SCOTT RAYMOND DOZIER IN HIS OFFICIAL CAPACITY, ...
Judge Panel:Gibbons, J., Hardesty, J., Parraguirre, J., Stiglich, J. Hon. Elizabeth Goff Gonzalez, District Judge.
Case Date:January 04, 2019
Court:Supreme Court of Nevada
 
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THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR OF THE NEVADA DEPARTMENT OF CORRECTIONS; IHSAN AZZAM, PH.D., M.D., CHIEF MEDICAL OFFICER OF THE STATE OF NEVADA IN HIS OFFICIAL CAPACITY; AND JOHN DOE, ATTENDING PHYSICIAN AT PLANNED EXECUTION OF SCOTT RAYMOND DOZIER IN HIS OFFICIAL CAPACITY, Petitioners,

v.

THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, Respondents,

and

ALVOGEN, INC.; HIKMA PHARMACEUTICALS USA, INC.; AND SANDOZ INC., Real Parties in Interest.

THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR OF THE NEVADA DEPARTMENT OF CORRECTIONS, IN HIS OFFICIAL CAPACITY; IHSAN AZZAM, PH.D., M.D., CHIEF MEDICAL OFFICER OF THE STATE OF NEVADA, IN HIS OFFICIAL CAPACITY; AND JOHN DOE, ATTENDING PHYSICIAN AT PLANNED EXECUTION OF SCOTT RAYMOND DOZIER, IN HIS OFFICIAL CAPACITY, Appellants,

v.

ALVOGEN, INC., Respondent.

Nos. 76485, 76510

Supreme Court of Nevada

January 4, 2019

UNPUBLISHED OPINION

ORDER DISMISSING PETITION TO DISSOLVE STAY AND FOR WRIT OF MANDAMUS OR PROHIBITION AND APPEAL

The original writ petition in Docket No. 76485 challenges a district court temporary restraining order (TRO) precluding petitioners from using a certain drug in executions pending a decision on motions for a preliminary injunction. Petitioners/appellants filed a protective notice of appeal from that same order, which was assigned to Docket No, 76510.

On September 28, 2018, the district court resolved the preliminary injunction motions in this matter, and petitioners have appealed. See State v. Alvogen, Inc., Docket No. 77100. Because it consequently appeared that the TRO challenged in these matters is no longer in effect, we ordered petitioners/appellants to show cause why this writ petition and protective appeal should not be dismissed as moot. See Personhood Nev. v. Bristol, .126 Nev. 599, 602, 245 P.3d 572, 574 (2010). Petitioners/appellants timely responded, and real parties in interest/respondent timely filed a reply.

Petitioners/appellants argue that the matter is not moot because a question exists as to whether the TRO was an improper stay of execution under...

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