Andover Healthcare, Inc. v. Johnson & Johnson Consumer Inc. (17-cv-10620).

Judge Sorokin denied Johnson & Johnson’s request to extend the time for amending the pleadings. Andover Healthcare accuses Johnson & Johnson of making false statements that certain products did not contain latex, when in fact they did.  The Rule 16 deadline for amending the pleadings having passed, Johnson & Johnson sought additional time to consider bringing claims against some of its suppliers for including latex from products made for Johnson & Johnson in violation of contractual requirements to exclude latex from the products.  Judge Sorkin denied the motion, noting that the contracts with the suppliers required potential violations to be addressed via arbitration rather than in court.

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