Indiviglio v. B&G Foods, Inc.

Background

B&G Foods filed a motion to dismiss Deena Indiviglio’s complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The opinion does not describe the underlying claims or the arguments in the motion.

Order

The court ordered Indiviglio to notify the court by March 30, 2023, whether she intended to file an amended complaint in response to the motion or rely on the complaint that was already subject to the motion.

If Indiviglio chose not to amend, the motion to dismiss would proceed under the normal schedule, and the court stated that it was unlikely to give her another opportunity to amend to address deficiencies made apparent by the fully briefed motion. If she chose to amend, she had to file the amended complaint within 14 days after notifying the court. Within 21 days after the amendment, B&G Foods could answer, file a motion to dismiss the amended complaint, or notify the court that it would rely on its original motion.

Disposition

The court issued an interim procedural order concerning amendment of the complaint and the next steps for the pending motion to dismiss. It did not grant or deny the motion to dismiss and did not decide the merits of the claims. Judge Vincent L. Briccetti signed the order.