Berlinger
Berlinger v. BioMarin Pharmaceutical Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 DAVID F. BERLINGER, Case No. 21-cv-08254-MMC
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION TO DISMISS; AFFORDING
PLAINTIFFS LEAVE TO AMEND
JEAN-JACQUES BIENAIME, et al., Re: Dkt. No. 48 Defendants.
12 Before the Court is defendants BioMarin Pharmaceutical Inc. (“BioMarin” or the “Company”), Jean-Jacques Bienaimé (“Bienaimé”), Henry J. Fuchs (“Fuchs”), and Lon Cardon’s (“Cardon”) “Motion,” filed May 25, 2022, “to Dismiss” the Amended Complaint (“AC”). Plaintiffs Local 282 Pension Trust Fund and Local 282 Annuity Trust Fund have filed opposition, to which defendants have replied. The Court, having read and considered the papers filed in support of and in opposition to the motion, rules as follows.1 BACKGROUND2 BioMarin is “a biotechnology company that develops and commercializes . . . therapies to address rare diseases and medical conditions.” (See AC ¶ 3.) Bienaimé, Fuchs,…