Sabatano v. Iovate Health Sciences U.S.A. Inc.

Background

Plaintiffs Tom Sabatano and Daniel Barzoloski brought the case individually and on behalf of others similarly situated. Defendant Iovate Health Sciences U.S.A. Inc., also known as MuscleTech, moved on November 27, 2019, to dismiss the amended complaint.

Order

The court ordered plaintiffs to notify the court by December 9, 2019, whether they intended to file a second amended complaint in response to the motion or would rely on the complaint that the motion challenged.

If plaintiffs chose not to file a second amended complaint, the motion to dismiss would proceed under the ordinary briefing schedule. The court stated that it was unlikely to give plaintiffs another opportunity to amend to address deficiencies identified in the fully briefed motion.

If plaintiffs chose to file a second amended complaint, they had to file it within 14 days after notifying the court. Within 21 days after that amendment, defendant could answer, move to dismiss the second amended complaint, or notify the court that it would rely on the initial motion to dismiss.

Disposition

Judge Vincent L. Briccetti issued a case-management order requiring plaintiffs to select between further amendment and proceeding on the existing amended complaint. The order did not grant or deny the motion to dismiss and did not decide the merits of the claims.