Jordan et al v. Maxfield & Oberton Holdings, LLC et al

Filing 412

ORDER granting in part and denying in part 313 Motion for Partial Summary Judgment. Signed by District Judge Carlton W. Reeves on 9/27/2017. (AC)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MEAGHIN JORDAN, ET AL.

PLAINTIFFS

V.

CAUSE NO. 3:15-CV-220-CWR-LRA

MAXFIELD & OBERTON HOLDINGS
LLC, ET AL.

DEFENDANTS

ORDER
Before the Court is the plaintiffs’ motion for partial summary judgment as to whether it is
unlawful to sell, manufacture, import, or distribute Buckyballs in the United States. Docket No.
313. The familiar summary judgment standard applies.
Review indicates that the parties are largely talking past one another. The plaintiffs are
correct that the CPSC Consent Agreement remains in effect and bans the sale, manufacture,
import, or distribution of Buckyballs and Buckycubes in this country. The defendants essentially
concede the point. See Docket No. 334, at 5.
The defendants are nevertheless correct that other products like Buckyballs may lawfully
be sold, manufactured, imported, and distributed in this country pursuant to the decision in Zen
Magnets, LLC v. Consumer Prod. Safety Comm’n, 841 F.3d 1141 (10th Cir. 2016). The
defendants will be free to educate the jury on that fact.
Lastly, the defendants press that ruling on the present motion would be highly prejudicial
and of no probative value. The argument is denied without prejudice to the parties’ ability to
raise similar contentions in a motion in limine.
SO ORDERED, this the 27th day of September, 2017.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE