Nevis

Nevis v. Edson

Good Law
United States District Court, Eastern District of CaliforniaMarch 2, 20202:18-cv-03238California1,356 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 JOSEPH DANIEL NEVIS, No. 2:18-cv-03238-JAM-DMC Plaintiff, v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS

CHRIS EDSON, Defendant. 14 Plaintiff Joseph Nevis (“Plaintiff”) commenced this action (“Nevis II”) against Chris Edson (“Defendant”), on December 20, 2018, alleging Defendant negligently operated the Amtrak train that struck and amputated Plaintiff’s legs. See Compl., ECF No. 1. Plaintiff also seeks punitive damages. Id. Defendant moved for dismissal on December 18, 2019, arguing Plaintiff’s service was not timely and this lawsuit is duplicative of Nevis v. Rideout Memorial Hospital, et al, 17-cv-02295 (“Nevis I”). Mot., ECF No. 8. Plaintiff opposed Defendant’s motion. Opp’n, ECF No. 9. For the reasons set forth below, the Court GRANTS Defendant’s Motion to Dismiss.1

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled 28 …

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