Klein-Becker v. Allergan, Inc.

Full title: KLEIN-BECKER usa, LLC Plaintiff, v. ALLERGAN, INC., ET AL Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Jun 14, 2004

Case No. 2:03 CV 514 DB (D. Utah Jun. 14, 2004)

Opinion

Case No. 2:03 CV 514 DB.

June 14, 2004

REPORT AND RECOMMENDATION

BROOKE C. WELLS, Magistrate Judge (Part-time)

This matter came before Magistrate Judge Brooke Wells pursuant to 28 U.S.C. § 636(b)(1)(B) from a referral by Judge Dee Benson. The Court heard oral argument on Klein-Becker's Motion to Dismiss for Lack of Jurisdiction on April 29, 2004. Following argument the Court took the matter under advisement. After consideration of counsel's arguments and the respective pleadings filed on the matter including relevant case law, the Court hereby enters the following Report and Recommendation:

The Court finds that it is premature to decide Plaintiff's motion based on the amount of discovery engaged in by the parties, including a lack of detailed surveys regarding consumer confusion about Botox and StriVectin. Accordingly, the Court recommends that Plaintiff's motion be denied without prejudice.