Jeannie Alderson et al v. Redwood Coast Medical Services, Inc.

Filing 42

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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