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Skanska USA Building Inc. v. Regeneron Pharmaceuticals Inc.

Relief Claims Dismissed; Implied Covenant Breach Claim Redundant to Contract Breach Claim

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OPINION AND ORDER Skanska USA Building Inc. (“Skanska” or “Plaintiff”) initiated this breach of contract action against Regeneron Pharmaceuticals, Inc. (“Regeneron” or “Defendant”) on September 22, 2023. (Doc. 1, “Compl.”). The Complaint presses two claims for breach of contract, two claims for breach of the covenant of good faith and fair dealing, and one claim for declaratory judgment. (Id.). The Court issued a Civil Case Discovery Plan and Scheduling Order on December 20, 2023 (Doc. 17) and an Amended Civil Case Discovery Plan and Scheduling Order on April 8, 2024 (Doc. 38). While discovery was underway, and in accordance with the briefing schedule set by the Court, Defendant moved to dismiss the Third, Fourth, and Fifth Claims for Relief under Federal Rule of Civil Procedure 12(b)(6) on January 5, 2024. (Doc. 21; Doc. 22, “Def. Br.”; Doc. 23, “Ohring Decl.”). Plaintiff opposed on January 22, 2024 (Doc. 24, “Pl. Br.”) and the motion was fully submitted upon the filing of Defendant’s reply brief on February 5, 2024 (Doc. 25, “Reply”).¹ For the reasons set forth below, Defendant’s partial motion to dismiss is GRANTED. BACKGROUND I. The Master Services Agreement Skanska is a construction management firm with its principal place of business in Parsippany, New Jersey. (Compl.

5-6). Regeneron is a corporation engaged in the business of developing and manufacturing pharmaceuticals with its principal place of business in Tarrytown, New York. (Id.

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