Enborg

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 CASE NO. 2:20-cv-02477-AWI-BAK TERRI ENBORG, et al.

ORDER DENYING PLAINTIFF’S

Plaintiff, MOTION TO RECONSIDER ORDER

EXCLUDING EXPERT OPINIONS ON

v. TVT BRANDING AND WARNINGS

ETHICON, INC., et al.,

(Doc. No. 171) Defendants.

12 Plaintiff Terri Eborg brings a motion, Doc. No. 171, seeking reconsideration of an order excluding expert testimony regarding branding and warnings for the TVT device at issue in this case. See Doc. No. 153. The motion has been fully briefed and was taken under submission following oral argument on April 25, 2022. Doc. No. 184. For the reasons set forth below, the motion will be denied. BACKGROUND On March 16, 2022, the Court issued an order granting summary judgment in Ethicon’s1 favor on Enborg’s “failure to warn” claims on a finding, under California’s “learned intermediary doctrine,” that a reasonable jury could not conclude that additional information regarding risks associated with the TVT device would have…