Lindsay

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 AIDEN LINDSAY, et al., Case No. 23-cv-05987-BLF

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

IN PART

AMERICAN RED CROSS, [Re: ECF No. 13] Defendant.

Decedent Michael Lindsay was injured onsite shortly after donating plasma at a Red Cross and died ten days later. Plaintiffs Aiden Lindsay and Katie Lindsay (“Plaintiffs”), the surviving children of Mr. Lindsay, bring five claims against Defendant American Red Cross (“Red Cross”) related to his death. ECF No. 11 (“FAC”). Red Cross moves to dismiss Claims One, Two, Three, and Five as time-barred and duplicative. ECF No. 13 (“Mot.”); ECF No. 15 (“Reply”). Plaintiffs oppose. ECF No. 14 (“Opp.”). The Court held a hearing on May 9, 2024. For the reasons described below, Red Cross’s motion to dismiss is GRANTED WITH LEAVE TO AMEND IN PART AND WITHOUT LEAVE TO AMEND IN PART. I. BACKGROUND On May 28,…