Opinion
Civ. 19-18400
08-13-2021
ALLYN TURNOFSKY, individually and on behalf of others similarly situated, Plaintiff, v. ELECTROCORE, INC. et al., Defendants.
NOT FOR PUBLICATION
ORDER
ANNE E. THOMPSON, U.S.D.J.
For the reasons stated in this Court's Opinion on this same day, IT IS, on this 13th day of August, 2021, ORDERED that the Motion to Strike Certain Documents Attached to and Referenced in Defendants' Motion to Dismiss filed by Lead Plaintiff Carole Tibbs (“Plaintiff”) (ECF No. 48) is GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that Defendant electroCore, Inc.'s 2019 Form 10-K (ECF No. 42-5) and the U.S. Food and Drug Administration's Emergency-Use Authorization of gammaCore (ECF No. 42-6) are STRICKEN; and it is further
ORDERED that the Motion to Dismiss filed by Defendants (ECF No. 42) is GRANTED; and it is further
ORDERED that the Amended Complaint (ECF No. 31) is DISMISSED; and it is further
ORDERED that Plaintiff is granted leave to amend the Amended Complaint to cure the deficiencies identified in the Court's accompanying Opinion within thirty (30) days of the entry