UnitedHealthcare Insurance Company v. Regeneron Pharmaceuticals, Inc.

Background

Regeneron Pharmaceuticals, Inc. moved to dismiss the plaintiffs’ complaint on March 1, 2021. The order does not describe the claims or the arguments in that motion.

Order

The court ordered UnitedHealthcare Insurance Company and United Healthcare Services, Inc. to notify the court by March 11, 2021, whether they intended to file an amended complaint in response to the motion or would rely on the complaint already filed.

If the plaintiffs chose not to amend, the motion to dismiss would proceed under the ordinary schedule. The court stated that it was unlikely to give the plaintiffs another opportunity to amend to address deficiencies made apparent by the fully briefed motion.

If the plaintiffs chose to amend, they had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, Regeneron could file an answer, file a motion to dismiss the amended complaint, or notify the court that it was relying on its initial motion to dismiss. 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.

Disposition

Judge Vincent L. Briccetti’s order did not grant or deny Regeneron’s motion to dismiss. It set out the plaintiffs’ options concerning amendment of the complaint and the procedures that would follow each option.