Truss v. Bayer HealthCare Pharmaceuticals, Inc.

S.D. New York

Truss v. Bayer HealthCare Pharmaceuticals, Inc.

District Court, S.D. New York·Decided March 28, 2022·No. 7:21-cv-09845·Unknown

Opinion

rh LINN Se \ | CUMENT ! PRONICAELY □ UNITED STATES DISTRICT COURT I ROC PRY } □ SOUTHERN DISTRICT OF NEW YORK 4 DATE. wumm | dy Ad ene eee nen eee nn nee eee ene ee nen eK Yleeerenermeer RTS — BARBARA TRUSS, NATALIA GOLSON, : JACK KILGORE, and GABRIELA PETTIBONE, individually and on behalf of all : others similarly situated, : Plaintiffs, ORDER

BAYER HEALTHCARE 21 CV 9845 (VB) PHARMACEUTICALS INC.; BAYER : HEALTHCARE LLC; BEIERSDORF, INC.; : and BEIERSDORF NORTH AMERICA, INC., : Defendants. : eee ee eee On March 25, 2022, defendants moved to dismiss the amended complaint. (Doc. #35). Accordingly, it is hereby ORDERED that, by no later than April 7, 2022, plaintiffs must notify the Court by letter whether they (i) intend to file a second amended complaint in response to the motion to dismiss, or (ii) will rely on the amended complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file a second amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants’ motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord FS Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the briefing schedule so ordered by the Court. (See Doc. #27). If plaintiffs elect to file a second amended complaint, they must file the second amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the second amended complaint; (ii) file a motion to dismiss the second amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. Dated: March 28, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

rh LINN Se \ | CUMENT ! PRONICAELY □ UNITED STATES DISTRICT COURT I ROC PRY } □ SOUTHERN DISTRICT OF NEW YORK 4 DATE. wumm | dy Ad ene eee nen eee nn nee eee ene ee nen eK Yleeerenermeer RTS — BARBARA TRUSS, NATALIA GOLSON, : JACK KILGORE, and GABRIELA PETTIBONE, individually and on behalf of all : others similarly situated, : Plaintiffs, ORDER

BAYER HEALTHCARE 21 CV 9845 (VB) PHARMACEUTICALS INC.; BAYER : HEALTHCARE LLC; BEIERSDORF, INC.; : and BEIERSDORF NORTH AMERICA, INC., : Defendants. : eee ee eee On March 25, 2022, defendants moved to dismiss the amended complaint. (Doc. #35). Accordingly, it is hereby ORDERED that, by no later than April 7, 2022, plaintiffs must notify the Court by letter whether they (i) intend to file a second amended complaint in response to the motion to dismiss, or (ii) will rely on the amended complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file a second amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendants’ motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord FS Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the briefing schedule so ordered by the Court. (See Doc. #27). If plaintiffs elect to file a second amended complaint, they must file the second amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the second amended complaint; (ii) file a motion to dismiss the second amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. Dated: March 28, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Truss v. Bayer HealthCare Pharmaceuticals, Inc., (S.D.N.Y. 2022).

Pincite

Truss v. Bayer HealthCare Pharmaceuticals, Inc. (Truss v. Bayer HealthCare Pharmaceuticals, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related