Edwards
Edwards v. Thermigen LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FERNANDO EDWARDS, Case No. 21-cv-01828-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. UNDER RULE
THERMIGEN LLC, Re: Dkt. No. 45 Defendant.
12 Plaintiff sues Defendant for selling him a useless medical device. (Dkt. No. 1.) Before the Court is Defendant’s motion to dismiss for failure to prosecute in the name of the real party in interest under Federal Rule of Civil Procedure 17. (Dkt. No. 45.) Having carefully considered the briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the November 17, 2022 hearing, and DENIES Defendant’s motion and GRANTS Plaintiff’s motion for leave to amend. BACKGROUND Plaintiff is the administrator of the medical office of his wife, Dr. Sharon de Edwards. His complaint names as defendants Thermigen LLC and SpineSmith Holdings, LLC d/b/a Celling Biosciences, which is the owner of Thermigen’s…