Dunson et al v. Cordis Corporation
ORDER ON AMENDED MOTION TO DISMISS (Illston, Susan) (Filed on 7/8/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JERRY DUNSON, et al.,
Case No. 16-cv-03076-SI
ORDER ON AMENDED MOTION TO
CORDIS CORPORATION, et al.,
Re: Dkt. No. 7
Defendant Cordis Corporation (“Cordis”) recently filed a motion to dismiss plaintiffs’
United States District Court
Northern District of California
complaint. Dkt. No. 7. Plaintiffs respond that this motion fails to address plaintiffs’ first amended
complaint (“FAC”). Dkt. No. 15 at 8.1 There appears to be a dispute over whether defendant was
properly served with the FAC. Dkt. No. 16 at 7, Reply Br. Cordis contends that plaintiffs’
complaint and FAC “are identical in substance,” but that, “[s]hould it aid the Court, Cordis can
promptly refile its motion to dismiss with citations to the FAC.” Id. at 8.
Given the length of the two complaints, the addition of defendants to the FAC (and any
choice of law issues that may be implicated), and the citation discrepancies that exist among the
parties’ submissions, the Court ORDERS Cordis to promptly refile its motion to dismiss with
citations to the FAC, by July 12, 2016 at 12:00pm. The matter remains on the Court’s July 22,
IT IS SO ORDERED.
Dated: July 8, 2016
United States District Judge
The page numbers cited refer to the page numbers generated by ECF.
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