Fussy
Fussy v. RTI Surgical
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARIN FUSSY, No. 1:21-cv-01307-DAD-BAK Plaintiff, v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
RTI SURGICAL, (Doc. No. 4) Defendant.
16 This matter is before the court on defendant RTI Surgical’s motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 4.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 pandemic, defendant’s motion was taken under submission on the papers. (Doc. No. 6.) For the reasons explained below, the court will grant defendant’s motion to dismiss.1
The undersigned apologizes for the excessive delay in the issuance of this order. This court’s overwhelming caseload has been well publicized and the long-standing lack of judicial resources in this district long-ago reached crisis proportion. That situation has now been partially addressed by the U.S. Senate’s confirmation of a district judge for one of this…