Opinion
Civil Action 22-cv-2226
01-11-2024
KRANTHI GORLAMARI, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. VERRICA PHARMACEUTICALS, INC., TED WHITE, P. TERENCE KOHLER JR. and A. BRIAN DAVIS, Defendants
ORDER
MITCHELL S. GOLDBERG, J
AND NOW, this 11th day of January, 2024, upon consideration of Defendants' motion to dismiss for failure to state a claim, and the response in opposition thereto, and Defendants' reply, and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that:
1. Defendants' motion to dismiss (ECF No. 33) is GRANTED in part and DENIED in part as follows:
a. The motion is DENIED as to Plaintiff's claims against Verrica Pharmaceuticals, Inc. and Ted White regarding Defendants' May-June 2021 statements.
b. The motion is GRANTED in all other respects, and these claims are DISMISSED WITHOUT PREJUDICE.
2. Within fourteen (14) days of the date of this Order, Plaintiff may, if he can do so in good faith, file a second amended complaint in an attempt to cure the deficiencies outlined in the accompanying memorandum opinion.