A. Puchta

The defendant, Bayer Inc., brought a motion to strike the plaintiffs' statement of claim in a product liability action concerning an allegedly defective contraceptive device.

The court found that the claim consisted of bare allegations and conclusory statements without pleading the necessary material facts to support a cause of action in negligence.

The motion was granted, and the statement of claim was struck in its entirety without leave to amend, as the court was not persuaded that the foundational deficiencies could be cured.

The plaintiffs brought a motion for default judgment against the defendants, who operate a global online lottery business and were noted in default.

The court noted that it was unclear whether the defendants had been served with the motion for default judgment.

Applying Rule 19.02(3) of the Rules of Civil Procedure, the court exercised its discretion to require the plaintiffs to serve the motion record on the defendants by registered mail, giving them 14 days to respond before the motion proceeds in writing.