1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 Pacira Pharmaceuticals, Inc., Case No. 2:21-cv-02241-CDS-NJK

4 Plaintiff Order Granting Plaintiff’s Motions to Correct or Amend Judgment 5 v.

6 Research Development Foundation, [ECF Nos. 410, 413]

7 Defendant

8 9 Plaintiff Pacira Pharmaceuticals, Inc. filed a (1) motion to correct the judgment pursuant 10 to Federal Rule of Civil Procedure (FRCP) 60(a) or, in the alternative, to amend findings 11 pursuant to FRCP 52(b) and to amend the judgment pursuant to FRCP 59(e) with respect to 12 the royalties paid under protest (ECF No. 410) and (2) a motion to correct or amend the 13 judgment to address pre- and post-judgment interest pursuant to FRCP 60(a) and FRCP 59(e) 14 (ECF No. 413). I granted the motions from the bench during a June 26, 2025 hearing, but ordered 15 Pacira to draft an order to that effect. ECF No. 424. Upon consideration of these motions and 16 the papers and materials submitted in support of and in opposition to these motions, it is hereby 17 ordered that Pacira’s motions are granted. 18 The court therefore orders that its findings of fact and conclusions of law (ECF No. 405) 19 are amended pursuant to Federal Rules of Civil Procedure 52(b), 59(e), and 60(a) to include the 20 following findings: 21 1. Pacira paid defendant Research Development Foundation (RDF) $23,090,937.00 22 under protest during the pendency of this litigation as established by ECF Nos. 410 23 and 411. 24 2. As part of Pacira’s prayer for relief, it requested the return of royalties paid under 25 protest; “[t]hat the Court award Pacira any and all other relief to which Pacira may 26 1 show itself to be entitled”; and “[t]hat the Court award Pacira any other relief as the 2 Court may deem just, equitable, and proper.” ECF No. 1 at 13–14. 3 3. The court has found in favor of Pacira with respect to 200L EXPAREL®. 4 Additionally, the court previously found in favor of Pacira with respect to 45L 5 EXPAREL®. ECF No. 152 at 19; ECF No. 153. 6 4. Accordingly, the court orders RDF to return all royalties Pacira paid under protest on 7 sales of EXPAREL® to Pacira. 8 5. Such equitable relief is within the court’s power to award. Whether dubbed 9 “restitution,” “disgorgement,” or “accounting,” “a remedy tethered to a wrongdoer’s 10 net unlawful profits, whatever the name, has been a mainstay of equity courts.” Liu v. 11 Sec. & Exch. Comm’n,

, 71, 80 (2020). Pacira’s requested relief is necessary to 12 afford Pacira complete relief on its declaratory judgment claims and thus is clearly 13 “incidental to or intertwined with” those claims. Tull v. United States,

, 424 14 (1986); see also Adams v. Cyprus Amax Mins. Co.,

(10th Cir. 1998) 15 (“Absent a favorable ruling (i.e., equitable relief) on that issue, Plaintiffs have no 16 claim for money damages. Consequently, their claim for monetary relief is 17 inextricably intertwined with equitable relief.”). Returning these monies to Pacira 18 simply “restor[es] the status quo” and effects “the return of that which rightfully 19 belongs to” Pacira. Porter v. Warner Holding Co.,

(1946). 20 6. The court also orders prejudgment interest on the $23,090,937.00 Pacira paid under 21 protest. 22 7. The court finds that prejudgment interest shall be calculated pursuant to NRS 17.130. 23 8. Under § 17.130, the applicable interest rate is 10%. See “Legal Interest Rate,” 24 https://www.washoecourts.com/TopRequests/InterestRates. 25 26 1 9. Pacira submitted a sworn declaration attesting to the date and amount of each 2 payment made under protest. ECF No. 413-16 at 1. RDF did not dispute these dates 3 and amounts in opposition to the motion. 4 10. The date and amount of each payment made under protest is shown in the table 5 below: 6 Date Amount 7 2/25/2022 $298,085 8 5/26/2022 $3,224,366 9 8/23/2022 $3,621,239 10 11/30/2022 $3,332,637 11 2/28/2023 $3,399,533 12 5/30/2023 $3,333,286 13 8/29/2023 $384,185 14 11/29/2023 $622,417 15 2/28/2024 $561,191 16 5/30/2024 $671,954 17 8/21/2024 $849,801 18 11/21/2024 $1,341,047 19 2/28/2025 $1,451,196 20 21 11. Applying the 10% interest rate from the date each payment under protest was made 22 through June 30, 2025, results in prejudgment interest in the amount of $5,010,167. 23 12. The court orders post-judgment interest under

on the amounts paid 24 under protest and prejudgment interest (i.e., $28,101,104), which shall accrue from 25 the date of judgment until the judgment is paid in full. 26 1 Conclusion 2 The court also orders that the judgment (ECF No. 406) will be amended pursuant to 3|| Federal Rules of Civil Procedure 59(e) and 60(a) to include the following: RDF is ordered to 4] return $23,090,937.00, which constitutes the amounts paid under protest, to Pacira. The court 5|| also orders prejudgment interest on that amount pursuant to NRS 17.130, which totals $5,010,167 through June 30, 2025. Finally, the court orders post-judgment interest under 7||

on both amounts, which will accrue from tbe date of judgment until the 8|| judgment is paid in full. /, / 9 Dated: August 28, 2025 LZ (

10 □□□ — Cristina D. Sirva I U nived States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26