# Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG

> District Court, S.D. New York · October 22, 2020

URL: https://www.frixlaw.com/law-library/cases/10326935

## Case

- **Court:** District Court, S.D. New York
- **Decided:** October 22, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10326935

## Opinion text

USDC SDNY
UNITED STATES DISTRICT COURT ee
SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED
DOC #:
FILED. 10/22/2020
DATE FILED:
Regeneron Pharmaceuticals, Inc.,
Plaintiff,
20-cv-5502 (AJN)
—V—
ORDER
Novartis Pharma AG, et al.,
Defendants.

ALISON J. NATHAN, District Judge:
On October 19, 2020, Defendant Regeneron Pharmaceuticals, Inc. filed a motion to
dismiss. Dkt. No. 55. Pursuant to Rule 3.F of this Court’s Individual Practices in Civil Cases,
on or before October 29, 2020, Plaintiff must notify the Court and its adversary in writing
whether (1) it intends to file an amended pleading and when it will do so or (2) it will rely on the
pleading being attacked. Plaintiff on notice that declining to amend its pleadings to timely
respond to a fully briefed argument in the Defendants’ October 19, 2020 motion to dismiss may
well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects
that have been made apparent by the Defendants’ briefing. See Loreley Fin. (Jersey) No. 3 Ltd.
v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on
which denial of leave to amend has long been held proper, such as undue delay, bad faith,
dilatory motive, and futility”).
If Plaintiff chooses to amend, Defendants may then (a) file an answer; (b) file a new
motion to dismiss; or (c) submit a letter stating that they rely on the initially-filed motion to
dismiss.
Nothing in this Order alters the time to amend, answer or move provided by the Federal

Rules of Civil Procedure or Local Rules.

SO ORDERED.
Dated: October 21, 2020 atte:
New York, New York □ \
ALISON J. NATHAN
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10326935. Public record. Not legal advice.