Edwards

Edwards v. Thermigen LLC

Good Law
United States District Court, Northern District of CaliforniaJune 27, 20243:21-cv-01828California1,248 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER RE: MOTION FOR

v. SUMMARY JUDGMENT

THERMIGEN LLC, Re: Dkt. No. 95 Defendant.

12 Plaintiff Sharon de Edwards, MD, sues Thermigen for fraudulently marketing and selling a medical device as approved by the U.S. Food and Drug Administration (FDA) as a treatment for menopausal symptoms. (Dkt. No. 63.) Before the Court is Plaintiff’s motion for summary judgment on all her claims. (Dkt. No. 95.) Having carefully considered the briefing, and with the benefit of oral argument on June 20, 2024, the Court DENIES Plaintiff’s motion for summary judgment. There is a genuine dispute as to whether Thermigen made the misrepresentation upon which each of Plaintiff’s claims is premised. A. Real Party in Interest As a preliminary matter, the Court again rejects Defendant’s real-party-in-interest defense. Under Rule 17(a)(1), “[a]n action must be prosecuted…

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