Memorandum Opinion and Order
(Motion in Limine No. 1, Summary Judgment Motions on 510(k) Issue)
Pending are Plaintiffs’ Motion in Limine No. 1 – 510(k) Clearance of the Ethicon Mesh Products by the United State Food and Drug Administration (“FDA”), or Lack of FDA Enforcement Action [Docket 124], Defendants’ Motion for Partial Summary Judgment Based on Preemption of Certain Claims [Docket 128], and Plaintiffs’ Motion for Partial Summary Judgment [Docket 150]. The motions are ripe for review. For the reasons set forth below, Plaintiffs’ Motion in Limine No. 1 [Docket 124] is GRANTED, Defendants’ Motion for Partial Summary Judgment Based on Preemption of Certain Claims [Docket 128] is DENIED, and Plaintiffs’ Motion for Partial Summary Judgment [Docket 150] is GRANTED.