Chartwell Therapeutics Licensing LLC v. Alvogen, Inc.
- Vincent Briccetti
- 7:20-cv-06209
- U.S. District Court · Southern District of New York
- 1
In Chartwell Therapeutics Licensing LLC v. Alvogen, Inc., Judge Briccetti ordered Chartwell to choose whether to amend its complaint before Alvogen’s dismissal motion proceeds.
Chartwell Therapeutics Licensing LLC must choose whether to amend its complaint and meet the specified deadline. Alvogen, Inc. may respond according to the options and deadlines stated by the court.
What happened
Chartwell Therapeutics Licensing LLC v. Alvogen, Inc. concerns Alvogen’s motion to dismiss Chartwell’s complaint, filed August 28, 2020. The court did not decide that motion in this order.
The court ordered Chartwell to notify the court by September 8, 2020, whether it would file an amended complaint or rely on its existing complaint. If Chartwell amended, it had to file the amendment within 14 days after notifying the court.
Judge Briccetti stated that, if Chartwell relied on its existing complaint, the motion would proceed under the regular schedule and the court was unlikely to allow another amendment opportunity. If Chartwell amended, Alvogen would have 21 days to answer, move to dismiss the amended complaint, or notify the court that it relied on its original motion.
The detailed version
- Chartwell Therapeutics Licensing LLC v. Alvogen, Inc. · No. 7:20-cv-06209
- Vincent Briccetti
- Aug. 31, 2020
Background
On August 28, 2020, Alvogen moved to dismiss Chartwell’s complaint. The opinion does not describe the claims, the arguments supporting dismissal, or the alleged deficiencies in the complaint.
Order
The court ordered Chartwell to notify the court by letter no later than September 8, 2020, whether it intended to file an amended complaint in response to the motion or would rely on the existing complaint.
If Chartwell chose not to amend, the motion to dismiss would proceed in the regular course. The court stated that it was unlikely to grant Chartwell another opportunity to amend based on deficiencies made apparent by the fully briefed motion arguments. The deadlines for opposition and reply papers would be governed by the Federal Rules of Civil Procedure and the Local Civil Rules unless the court ordered otherwise.
If Chartwell chose to amend, it had to file the amended complaint no later than 14 days after notifying the court. Within 21 days after the amendment, Alvogen could answer the amended complaint, move to dismiss it, or notify the court by letter that it was relying on its initially filed motion to dismiss.
Disposition and significance
This order directed the parties on how to proceed with the pending motion and possible amended complaint. It did not grant or deny Alvogen’s motion to dismiss and did not decide the merits of Chartwell’s claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.