Ruiz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANNETTE S. RUIZ,

Plaintiff, No. 2:24-cv-00489-TLN-SCR

13 v. ORDER MEDTRONIC, INC. et al., 15 Defendants.

17 18 This matter is before the Court on Defendants Medtronic, Inc. and Covidien, LP’s (collectively, “Defendants”) Motion to Dismiss Plaintiff’s Second Amended Complaint (“SAC”). (ECF No. 23.) Plaintiff filed an opposition, and Defendants filed a reply. (ECF Nos. 32, 34.) For the following reasons, the Court DENIES Defendants’ Motion. /// /// /// 26 27 28 I. FACTUAL AND PROCEDURAL BACKGROUND The instant action arises out of a products liability dispute involving an allegedly defective surgical tool. Following this Court’s prior order dismissing the First Amended Complaint, (ECF No. 21), Plaintiff filed a SAC on February 19, 2025 (ECF No. 22). Plaintiff alleges during her hysterectomy procedure at Kaiser Hospital, her health care providers used a tool called the Endoclinch Grasper (hereinafter “Grasper tool”) which was…