Edwards

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHARON DE EDWARDS, MD, Case No. 21-cv-01828-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. FIRST AMENDED COMPLAINT

THERMIGEN LLC, Re: Dkt. No. 57 Defendant.

12 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. 57.) Having carefully considered the briefing, and having had the benefit of oral argument on January 26, 2023, the Court DENIES the motion. The purchase agreement at issue is between plaintiff Sharon de Edwards, MD and defendant Thermigen LLC. So, Defendant has not shown that Plaintiff is not the real party in interest. BACKGROUND Fernando Edwards is the administrator of the medical office of his wife, Dr. Sharon de Edwards. Mr. Edwards originally filed suit against several Defendants for selling a useless medical device. (Dkt. No. 1.) The remaining…