Jeannie Alderson et al v. Redwood Coast Medical Services, Inc.
Filing
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ORDER RE: HEARING ON DEFENDANT'S MOTION TO DISMISS (Illston, Susan) (Filed on 3/25/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JEANNIE ALDERSON, et al.,
Case No. 14-cv-03564-SI
Plaintiffs,
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ORDER RE: HEARING ON
DEFENDANT'S MOTION TO DISMISS
v.
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UNITED STATES OF AMERICA, et al.,
Re: Dkt. No. 36
Defendants.
United States District Court
Northern District of California
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On February 2, 2015, defendant Kenneth Susman, M.D. filed a motion to dismiss the
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complaint on statute of limitations grounds. A hearing on defendant’s motion to dismiss is
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scheduled for March 31, 2015, at 2 p.m.
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Defendant's motion argues that plaintiff’s medical negligence claim against him is barred
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by the statute of limitations under California Code of Civil Procedure § 340.5 and that the
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limitation period has not been tolled. Defendant also argues that plaintiff’s claims against him are
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not saved by the relation back doctrine because, inter alia, that doctrine would only apply to the
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2014 complaint in this case, and the 2014 complaint was filed after the expiration of the statute of
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limitations. See Dkt. 36 at 10:11-27.
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argues that defendant should be estopped from invoking the statute of limitations, but does not
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address the relation back arguments.
Plaintiff's opposition addresses equitable tolling and also
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It is the Court's tentative view that equitable tolling and estoppel do not apply here and
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thus that plaintiff's claims against defendant Susman are untimely unless those claims relate back
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to the filing of the 2013 complaint in 13-4663 SI. Accordingly, the Court directs plaintiff's
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counsel to be prepared to address the relation back doctrine at the March 31, 2015 hearing.
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Counsel may submit additional authority on this issue either by letter brief prior to the hearing or
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at the hearing.
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IT IS SO ORDERED.
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Dated: March 25, 2015
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________________________
SUSAN ILLSTON
United States District Judge
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United States District Court
Northern District of California
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