Skanska USA Building Inc. v. Regeneron Pharmaceuticals Inc.
- Philip Halpern
- 7:23-cv-08418
- U.S. District Court · Southern District of New York
- 1
In Skanska USA Building v. Regeneron Pharmaceuticals, Judge Halpern granted Regeneron’s motion to strike specified complaint allegations and ordered amended pleadings.
Skanska USA Building Inc. must file a Second Amended Complaint removing the disputed allegations. Regeneron Pharmaceuticals Inc. and Shawn’s Lawns Inc. must each file an amended answer removing their responses to those allegations.
What happened
Skanska USA Building Inc. sued Regeneron Pharmaceuticals Inc. and Shawn’s Lawns Inc. The order concerned paragraphs 195–211 and 304–305 of Skanska’s First Amended Complaint, which Regeneron sought to remove.
The court treated Regeneron’s pre-motion letter as its motion, Skanska’s response letter as its opposition, and considered the parties’ arguments at a conference held on November 25, 2024.
Judge Philip M. Halpern granted the motion to strike. Skanska had to file a Second Amended Complaint removing only those allegations by December 2, 2024, and Regeneron and Shawn’s Lawns each had to file amended answers removing only their responses to those allegations by December 9, 2024.
The detailed version
- Skanska USA Building Inc. v. Regeneron Pharmaceuticals Inc. · No. 7:23-cv-08418
- Philip Halpern
- Nov. 25, 2024
Background
Skanska USA Building Inc. sued Regeneron Pharmaceuticals Inc. and Shawn’s Lawns Inc. The order addressed Regeneron’s anticipated motion under Federal Rule of Civil Procedure 12(f), which allows a court to strike material from a pleading. Regeneron sought to strike paragraphs 195–211 and 304–305 of Skanska’s First Amended Complaint.
Proceedings
The court held a pre-motion conference on November 25, 2024, with counsel for all parties appearing. The court treated Regeneron’s pre-motion letter as the motion to strike and Skanska’s response letter as its opposition. It also considered the parties’ arguments in a joint letter and at the conference. The opinion does not state the court’s substantive reason for striking the disputed allegations.
Ruling and deadlines
The court granted Regeneron’s motion to strike. Skanska was ordered to file a Second Amended Complaint by December 2, 2024, eliminating only the disputed allegations. Regeneron and Shawn’s Lawns were each ordered to file an amended answer by December 9, 2024, eliminating only their responses to those allegations.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.