Stovall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

KRISTAN STOVALL,

Case No. 5:18-cv-07540-EJD Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART DEFENDANT’S MOTION TO DISMISS; GRANTING

ALIGN TECHNOLOGY, INC., DEFENDANT’S MOTION TO STRIKE;

DENYING PLAINTIFF’S MOTION Defendant. FOR RELIEF UNDER FRCP 39(b) 13 Re: Dkt. Nos. 28, 34

I. INTRODUCTION Plaintiff Kristan Stovall (“Plaintiff”) is a former employee of Defendant Align Technology, Inc. (“Defendant”). Plaintiff initiated this suit in state court, asserting that Defendant unlawfully terminated and discriminated against her on the basis of age and gender in violation of California law. Defendant filed an answer and the next day removed the action to this court pursuant to 28 U.S.C. §§ 1332 and 1441(b). Plaintiff thereafter sought and was granted leave to file a…