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