Gieser

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TIMOTHY GIESER, Case No. 1:24-cv-00458-JLT-CDB

Plaintiff, FINDINGS AND RECOMMENDATIONS TO

GRANT DEFENDANT’S MOTION TO DISMISS

v. WITH PREJUDICE

MODERNA CORP., (Doc. 5)

Defendant. 21-DAY DEADLINE 16 17

Pending before the Court is the motion of Defendant Moderna Corp. (“Defendant”) to dismiss Plaintiff Timothy Gieser’s (“Plaintiff”) complaint. (Doc. 5). Plaintiff did not file an opposition to Defendant’s motion, and the time to do so has passed. On May 10, 2024, the Honorable District Judge Jennifer L. Thurston referred the pending motion to the Undersigned, pursuant to 18 U.S.C. § 636(b)(1)(B) and E.D. Cal. Local Rule 304(a). (Doc. 7). For the reasons set forth herein, the 24

1 Moderna US, Inc. is erroneously named in Plaintiff’s complaint as Moderna Corp. (Doc. 1 at n.1). 27 2 Plaintiff’s failure to file an opposition to Defendant’s motion is construed as a non-opposition to dismissal. See…