Hernandez
Hernandez v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAULINE HERNANDEZ, Case No. 21-cv-00686-HSG
Plaintiff, ORDER DENYING MOTION FOR
SUMMARY JUDGMENT
v. Re: Dkt. No. 31 COSTCO WHOLESALE CORPORATION, Defendant.
12 Pending before the Court is Defendant Costco Wholesale Corporation’s motion for summary judgment. Dkt. No. 31. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court DENIES the motion without prejudice under Rule 56(d)(1). I. BACKGROUND Plaintiff Pauline Hernandez initially filed this slip and fall case in Sonoma County Superior Court. See Dkt. No. 1, Ex. A (“Compl.”). Defendant removed this action on January 28, 2021, on the basis of diversity jurisdiction. See Dkt. No. 1. Plaintiff alleges that in September 2019 she slipped and fell while at Costco in Santa Rosa, causing “mental, physical and nervous pain and suffering” as a result. See…