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`PHARMACEUTICAL CARE
`MANAGEMENT ASSOCIATION,
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`Plaintiff,
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`v.
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`UNITED STATES DEPARTMENT OF
`HEALTH AND HUMAN SERVICES, et al.,
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`Defendants.
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`Case 1:21-cv-00095-JDB Document 18 Filed 01/29/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
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`Civil Action No. 21-cv-00095-JDB
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`STIPULATED REQUEST FOR AN ORDER TO POSTPONE
`RULE’S EFFECTIVE DATE AND HOLD THE CASE IN ABEYANCE
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`Subject to the Court’s approval and pursuant to Local Civil Rules 7 and 16.6, the parties
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`through their undersigned counsel STIPULATE as follows:
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`1. Plaintiffs in this action challenge a final rule promulgated by the U.S. Department of
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`Health and Human Services (HHS) on November 20, 2020, and published at 85 Fed. Reg.
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`76,666; at the time of publication, provisions of that rule were set to take effect on January
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`29, 2021, and January 1, 2022. 85 Fed. Reg. at 76,731.
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`2. In a notice currently on display and scheduled for publication in the Federal Register on
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`February 2, 2021, HHS announced that it is undertaking a review of the rule, and delayed
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`the effective date of certain provisions from January 29, 2021, until March 22, 2021. See
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`Notice, ECF No. 16.
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`3. HHS stipulates that it will postpone the effective date of the rule’s remaining provisions,
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`i.e. the changes to the regulatory discount safe harbor, which are otherwise currently
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`Case 1:21-cv-00095-JDB Document 18 Filed 01/29/21 Page 2 of 4
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`scheduled to take effect on January 1, 2022, by one year—until January 1, 2023. HHS
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`stipulates to this delay because it is the most efficient way to adjudicate this action while
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`affording HHS an adequate opportunity to conduct a review of the entire November 20,
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`2020, rule. HHS does not concede that Plaintiff is likely to succeed on the merits of its
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`current challenge.
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`4. Plaintiff maintains that—for the reasons expressed in its motion for partial summary
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`judgment and motion for expedited decision—it would need prompt resolution of at least
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`some of its claims were the final rule’s January 1, 2022, effective date not postponed.
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`5. Accordingly, to accommodate the parties’ competing interests, the parties request that the
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`Court issue an order, pursuant to 5 U.S.C. § 705, postponing until January 1, 2023, the
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`effective date of those provisions of the November 20, 2020, rule that are otherwise
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`scheduled to take effect on January 1, 2022.
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`6. The parties further request that the Court hold this case in abeyance until the completion
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`of the review that HHS is currently undertaking, subject to the continued consent of the
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`parties. Because the timing and outcome of that review is currently unknown, the parties
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`propose filing a joint status report within 60 days to inform the Court about their views
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`on the status of this case and any appropriate next steps.
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`7. Should the Court grant the postponement and hold the case in abeyance, Plaintiff intends
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`to withdraw its currently-pending motions for partial summary judgment and expedited
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`consideration without prejudice.
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`Case 1:21-cv-00095-JDB Document 18 Filed 01/29/21 Page 3 of 4
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`Respectfully submitted,
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`BRIAN M. BOYNTON
`Acting Assistant Attorney General
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`MICHAEL D. GRANSTON
`Deputy Assistant Attorney General
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`JENNIFER D. RICKETTS
`Director, Federal Programs Branch
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`MICHELLE BENNETT
`Assistant Branch Director
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`/s/ Alexander V. Sverdlov
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`ALEXANDER V. SVERDLOV (NY Bar 4918793)
`Trial Attorney
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, N.W.
`Washington, DC 20005
`Tel: (202) 305-8550
`alexander.v.sverdlov@usdoj.gov
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`Attorneys for Defendants
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`/s/ Helgi C. Walker
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`Helgi C. Walker, D.C. Bar No. 454300
`Matthew S. Rozen, D.C. Bar No. 1023209
`Brian A. Richman, D.C. Bar No. 230071
`Max E. Schulman, D.C. Bar No. 1660490
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, D.C. 20036
`Telephone: (202) 955-8500
`Facsimile: (202) 467-0539
`HWalker@gibsondunn.com
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`Attorneys for Plaintiff Pharmaceutical Care
`Management Association
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`Dated: January 29, 2021
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`Case 1:21-cv-00095-JDB Document 18 Filed 01/29/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 29th day of January, 2021, I electronically transmitted the
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`foregoing document to the Clerk of Court using the ECF System for filing.
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`/s/ Alexander V. Sverdlov
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` ALEXANDER V. SVERDLOV
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