Kamara v. Pepperidge Farm, Incorporated

Filing 33

ORDER denying 31 Letter Motion for Discovery. While the filing of answer may impact a motion to dismiss on the failure to comply with the particularity requirements of Rule 9(b), it is not necessarily the case with other grounds asserted in a R ule 12(b)(6) motion. Application to strike answer is DENIED. Application to lift discovery stay is DENIED. Plaintiff is free to advance any argument concerning the answer in its response to the motion to dismiss. SO ORDERED.. (Signed by Judge P. Kevin Castel on 6/3/2021) (nb)

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