Oregon v. Boston Scientific Corporation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARACELY OREGON, No. 1:21-cv-01092-DAD-BAK Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

BOSTON SCIENTIFIC CORPORATION, MOTION TO DISMISS Defendant. (Doc. No. 6)

17 This matter is before the court on defendant Boston Scientific Corporation’s motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 6.) 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. 7.) For the reasons explained below, the court will grant in part and deny in part defendant’s motion to dismiss.1 24 The undersigned apologizes for the excessive delay in the issuance of this order. This court’s 25 overwhelming caseload has been well publicized and the long-standing lack of judicial resources in this district long-ago reached crisis proportion. While that situation was…