Kaiser v. CSL Plasma Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This matter comes before the Court on Plaintiffs Motion for Partial Summary Judgment. Dkt. # 50. Plaintiff asks the Court for an Order dismissing Defendant’s defense that this action has been settled, and dismissing Defendant’s affirmative defenses of failure to state a claim, preemption and primary jurisdiction. Id. Defendant opposes the motion and asks the Court to instead grant summary judgment in its favor on the bases of preemption and primary jurisdiction.…