Rawls, et al v. Associated Materials, LLC et al

Plaintiff: Louise C. Rawls and Merrill Reid Rawls,
Defendant: Associated Materials, LLC, Original Building Products, LLC and John S. Melvin
Case Number: 1:2010cv01272
Filed: November 1, 2010
Court: West Virginia Southern District Court
Office: Bluefield Office
County: XX Outside US
Nature of Suit: Contract Product Liability
Cause of Action: 15:2301
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
August 1, 2011 24 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting in part and denying in part defendant Associated Materials, LLC's 4 MOTION to Dismiss. Plaintiffs' claims for breach of implied warranties (Counts II & III) are DISMISSED with prejudice. Plaintiffs� 39; claims for breach of implied warranties under the Magnuson-Moss Warranty Act (Count VI) are DISMISSED with prejudice. Plaintiffs' claim for unconscionability (Count X) is DISMISSED. The court DENIES defendant Associated Materials, LLC's motion to dismiss as to all other counts. Signed by Senior Judge David A. Faber on 8/1/2011. (cc: attys; any unrepresented party) (arb)
September 5, 2012 92 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: The Court GRANTS Defendant Associated Materials, LLC's 46 MOTION for Summary Judgment as to Counts VII and VIII, and DENIES said motion in all other respects. The Court notes that Plaintiffs previously voluntarily withdrew Counts IX and XI in their response in opposition to Associated Materials, LLC's motion to dismiss and therefore the Court need not address these counts and DISMISSES them accordingly. The Court DENIES Plaintiffs' 48 MOTION for P artial Summary Judgment; DENIES Defendant Associated Materials, LLC's 52 MOTION to Strike Plaintiffs' 51 Response in Opposition and DENIES as moot Plaintiffs' 53 MOTION to File Out of Time Their 51 Response in Opposition. Signe d by Senior Judge David A. Faber on 9/5/2012. (cc: counsel of record and any unrepresented party) (arb) Modified on 9/5/2012 to edit text for clarity with respect to the ruling on Plaintiffs' 53 MOTION to File Out of Time as well as added cc: any unrepresented party (mjp)

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Plaintiff: Louise C. Rawls
Represented By: M. Hudson McClanahan
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Plaintiff: Merrill Reid Rawls,
Represented By: M. Hudson McClanahan
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Defendant: Associated Materials, LLC
Represented By: M. Mallory Mantiply
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Defendant: Original Building Products, LLC
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Defendant: John S. Melvin
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