Woodcock v. Ethicon Inc

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Apr 15, 2021 3 UNITED STATES DISTRICT COURT SEAN F. MCAVOY, CLERK EASTERN DISTRICT OF WASHINGTON STEPHANIE WOODCOCK, No. 1:20-cv-03100-SMJ Plaintiff, 6 ORDER GRANTING v. DEFENDANTS’ MOTION TO 7 DISMISS PLAINTIFF’S ETHICON, INC., and JOHNSON AND COMPLAINT JOHNSON, 9 Defendants.

11 Before the Court, without oral argument, is Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint, ECF No. 28. Defendants argue this Court should follow its decision in Hernandez v. Johnson & Johnson, No. 4:20-cv-05136- SMJ, 2021 WL 320612 (E.D. Wash. Jan. 8, 2021) and Butler v. Johnson & Johnson, No. 4:20-cv-05137-SMJ, ECF No. 25 (E.D. Wash. Mar. 25, 2021)—as the First Amended Complaint in this case is practically identical to the complaints dismissed in these two analogous cases. See generally ECF Nos. 28, 31. This Court agrees.

18 Having reviewed the pleadings and file in this matter, as well as the relevant case law and this Court’s decision in Hernandez and Butler, the Court finds the complaints in Hernandez and Butler practically indistinguishable from the First Amended Complaint at issue here. Accordingly, this Court dismisses the Plaintiff’s First Amended Complaint for the same reasons already set forth in Hernandez and adopted in Butler. Like Hernandez, Plaintiff’s WPLA claim fails to plausibly state a claim upon which relief can be granted. See Hernandez, 2021 WL 320612, at *2– 5. Although Plaintiff’s WCPA claim states a claim under the Twombly and Iqbal standard, it fails to satisfy the heightened pleading standard under Federal Rule of Civil Procedure 9(b). See id. at *5–6. Despite these deficiencies, Plaintiff may save her First Amended Complaint through further amendment and thus the Court grants Plaintiff an opportunity to amend their operative complaint. See id. at *6–7.

10 Accordingly, IT IS HEREBY ORDERED: 11 1. Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint, 12 ECF No. 28, is GRANTED.

13 2. Plaintiff’s First Amended Complaint, ECF No. 26, is DISMISSED 14 WITHOUT PREJUDICE.

15 3. Plaintiff may file a second amended complaint by no later than 30 16 days from the date of this Order.

17 A. If Plaintiff does not file an amended complaint by that date, the 18 Court will instruct the Clerk’s Office to enter judgment 19 dismissing this action without prejudice and closing the file.

20 // 1 B. If Plaintiff files an amended complaint, Defendants shall file a 2 responsive pleading in accordance with the Federal and Local 3 Civil Rules.

4 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and || provide copies to all counsel.

6 DATED this 15" day of April 2021.

7 (oa Sma g SALVADOR MEND@i2.\A, United States District Jueége ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S