Health & Beauty Technologies, Inc et al v. Merz Pharma GmbH KgaA et al

Filing 188

ORDER - This matter is before the court on plaintiffs' motion 179 to amend complaint. Upon careful review of the motion, defendants' response in opposition, and reply thereto, plaintiffs' motion is GRANTED. Pl aintiffs are DIRECTED to file their proposed second amended complaint within two days of the date of this order. In addition, where an amended pleading ordinarily supersedes the original and renders it of no legal effect, Young v. City of Mount R anier, 238 F.3d 567, 573 (4th Cir. 2001), in anticipation of filing second amended complaint in light of this order, the court DENIES WITHOUT PREJUDICE defendants' motion to dismiss first amended complaint 145 149 . Signed by District Judge Louise Wood Flanagan on 11/28/2018. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:18-CV-117-FL
HEALTH & BEAUTY
TECHNOLOGIES, INC.; and MEDIBUILD INTERNATIONAL, CORP.,
Plaintiffs,
v.
MERZ PHARMA GMBH KGAA; and
MERZ NORTH AMERICA, INC.,
Defendants.

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ORDER

This matter is before the court on plaintiffs’ motion (DE 179) to amend complaint. Upon
careful review of the motion, defendants’ response in opposition, and reply thereto, plaintiffs’
motion is GRANTED. Defendants have not demonstrated that the proposed amended complaint is
prejudicial, in bad faith, or futile, under the circumstances of this case. See Foman v. Davis, 371
U.S. 178, 182 (1962); Laber v. Harvey, 438 F.3d 404, 426-27 (4th Cir. 2006) (en banc). Therefore,
the court in its discretion allows plaintiffs’ motion. Plaintiffs are DIRECTED to file their proposed
second amended complaint within two days of the date of this order. In addition, where an amended
pleading ordinarily supersedes the original and renders it of no legal effect, Young v. City of Mount
Ranier, 238 F.3d 567, 573 (4th Cir. 2001), in anticipation of filing second amended complaint in
light of this order, the court DENIES WITHOUT PREJUDICE defendants’ motion to dismiss first
amended complaint (DE 145, 149).
SO ORDERED, this the 28th day of November, 2018.
_____________________________
LOUISE W. FLANAGAN
United States District Judge