Pettibone

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 GLEN PETTIBONE, CASE NO. 21-cv-02599-YGR

Plaintiff, ORDER GRANTING IN PART AND DENYING

IN PART MOTION TO DISMISS

vs. Re: Dkt. No. 20 MEDTRONIC, INC., Defendant.

Currently pending is defendant’s motion to dismiss the first amended complaint. (Dkt. No. 20.) Having carefully considered the pleadings and the briefing on the motion, and for the reasons stated on the record at the October 18, 2021 case management conference, the Court GRANTS IN PART AND DENIES IN PART the motion. Specifically: First, the motion to dismiss the FAC for impermissible shotgun pleading is DENIED. The FAC does not “make ‘everyone did everything’ allegations,” whereby the pleading fails to “‘state clearly how each and every defendant is alleged to have violated plaintiff’s legal rights.’” See Destfino v. Reiswig, 630 F.3d 952, 958 (9th Cir. 2011) (quoting district court order); see, e.g., Espinosa v. Bluemercury, Inc., No. 16-CV-7202 (JST), 2017 WL 1079553, at *5…