Truss v. Bayer HealthCare Pharmaceuticals, Inc.

Background

On March 25, 2022, Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare LLC, Beiersdorf, Inc., and Beiersdorf North America, Inc. moved to dismiss the amended complaint filed by Barbara Truss, Natalia Golson, Jack Kilgore, and Gabriela Pettibone, individually and on behalf of others similarly situated.

Order

The court ordered the plaintiffs to notify the court by April 7, 2022, whether they intended to file a second amended complaint in response to the motion to dismiss or instead would rely on the amended complaint already challenged by the motion.

If the plaintiffs chose not to file a second amended complaint, the motion to dismiss would proceed under the existing briefing 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 arguments in the defendants’ motion.

If the plaintiffs chose to amend, they had to file the second amended complaint within 14 days after notifying the court. Within 21 days after that amendment, the defendants could file an answer, file a motion to dismiss the second amended complaint, or notify the court that they would rely on the motion to dismiss already filed.

Disposition

The order did not decide the pending motion to dismiss. It required the plaintiffs to choose between filing a second amended complaint and proceeding with the existing amended complaint. Judge Vincent L. Briccetti signed the order on March 28, 2022.