Judge Patrick Schiltz of the U.S. District of Minnesota has granted DAP Product’s motion to dismiss in a putative class action brought by plaintiff Brandon Ehlis, who alleges counts of unfair or deceptive trade practices, breach of warranty and fraud. Ehlis claims that sealant from a tube of DAP 3.0 Crystal Clear Kitchen, Bathroom, and Plumbing Sealant, which can be used for shower doors, turned yellow despite DAP representing that the sealant was “crystal clear.” Ehlis’ complaint was dismissed without prejudice.

Schiltz explained in his order that Ehlis’ complaint is “woefully devoid of factual allegations” and omits facts such as where he purchased the sealant, when he purchased it, where he was misled by DAP, where he used the sealant or when the sealant yellowed.

“To be clear, the Court is not holding that all of this information must be alleged in order for Ehlis to plead a single plausible claim. The Court is holding that, because none of this information was alleged, Ehlis has not pleaded a single plausible claim. The allegations of the complaint leave the Court without a basis even to identify which state’s law applies to Ehlis’s claims, much less to determine whether any of those claims are plausible under the applicable state law,” reads the order.

Schiltz goes on to say that the missing information identified by the court is presumably within Ehlis’ knowledge and could have been provided in a brief paragraph or two within the complaint, therefore the court “cannot fathom why Ehlis would not include these rudimentary factual allegations in his 32-page, eight-count complaint.”

Entry of judgment is stayed until February 1, 2021 to allow Ehlis to file an amended complaint. If he does not do so by the deadline or if his motion is denied, judgment will be entered pursuant to the order.