Joseph v. Stryker Corp.

Opinion

1 2 3 4 5 6 7 10 11 Bincymol Joseph, No. 2:18-CV-00370-KJM-CKD 12 Plaintiff, ORDER 13 v. Stryker Corporation, et. al, 1S Defendants. 16 17 Defendant Davis Tool moves to dismiss the claims plaintiff Bincymol Joseph brings 18 against it. Mot., ECF No. 46. Davis Tool argues it should be dismissed because Ninth Circuit 19 precedent and Federal Rule of Civil Procedure 15(c) require this court to apply the law of the 20 California Doe statute, which dictates the rule for extending the statute of limitations. Reply at 2, 21 ECF No. 49 (citing Lindley v. General Electric Co., 780 F.2d 797 (9th Cir. 1986)). As this 22 argument was raised for the first time in a reply brief, the court orders Joseph to file a sur- 23 reply, no more than five pages in length, within seven days of this order. 25 DATED: September 13, 2021.