ASHTON WOODS HOLDINGS L.L.C. et al v. USG CORPORATION et al
| ASHTON WOODS HOLDINGS L.L.C., BEAZER HOMES HOLDINGS CORP., D.R. HORTON LOS ANGELES HOLDING COMPANY, INC., HOVNANIAN ENTERPRISES, INC., KB HOME, MERITAGE HOMES CORPORATION, M/I HOMES, INC., PULTE HOME CORPORATION, DREES COMPANY, RYLAND GROUP, INC., TOLL BROTHERS, INC. and TRI POINTE HOMES, INC. |
| USG CORPORATION, NEW NGC, INC., LAFARGE NORTH AMERICA, INC., CONTINENTAL BUILDING PRODUCTS, INC., CERTAINTEED CORPORATION, AMERICAN GYPSUM COMPANY LLC, TIN, INC. and PACIFIC COAST BUILDING PRODUCTS, INC. |
| 2:2015cv01712 |
| April 2, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| MICHAEL M. BAYLSON |
| Antitrust |
| 15 U.S.C. ยง 1 |
| None |
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Filing
445
ORDER THAT HOMEBUILDER PLAINTIFFS' MOTION TO PRECLUDE TESTIMONY OF DEFENDANTS' EXPERT DAVID HALL IS GRANTED. HOMEBUILDER PLAINTIFFS' MOTION TO PRECLUDE TESTIMONY OF DEFENDANTS' EXPERT DR. ROBERT WILLIG IS DENIED. DEFENDANTS' MOTION TO PRECLUDE TESTIMONY OF HOMEBUILDER PLAINTIFFS' EXPERT DR. DANIEL INGBERMAN IS DENIED.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/6/2020. 4/7/2020 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOC 929 IN 13-MD-2437)(kp, )(
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Filing
415
ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON UMBRELLA DAMAGES IS DENIED, BUT WITHOUT PREJUDICE TO DEFENDANTS RAISING THE ISSUE AT TRIAL.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/3/2019. 10/4/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (APPLIES TO CIVIL ACTION NO. 15-1712)(kp, )
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Filing
401
ORDER THAT THE COURT WILL NOT ALLOW ANY SUPPLEMENTAL BRIEFING ON THE ISSUE OF CHOICE-OF-LAW. DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON CHOICE OF LAW IS DENIED. CALIFORNIA LAW WILL APPLY TO CLAIMS BROUGHT BY PLAINTIFFS IN BOTH "REPEALER" AND "NON-REPEALER" STATES.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/24/2019. 7/24/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO. 857 IN 13-MD-2437)(kp, )
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Filing
398
ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN FAVOR OF USG CORPORATION AND GRANTED IN FAVOR OF UNITED STATES GYPSUM COMPANY. THE MOTION FOR SUMMARY JUDGMENT IS DENIED AS TO L&W SUPPLY CORPORATION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/18/2019. 7/19/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO.855 IN 13-MD-2437)
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Filing
393
ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON UNASSIGNED CLAIMS IS GRANTED IN PART AND DENIED IN PART. ANY MOTION CONCERNING A DISPUTE ON THIS ISSUE MUST BE FILED BY 10/30/2019. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/15/2019. 7/15/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO.852 IN 13-MD-2437)(kp, )
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Filing
391
ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON CHOICE-OF-LAW IS DENIED. CALIFORNIA LAW WILL APPLY, AS TO CLAIMS BROUGHT BY PLAINTIFFS IN "REPEALER" STATES. FURTHER BRIEFING WILL BE NECESSARY FOR THE COURT TO RULE AS TO CLAIMS BROUGHT BY PLAINTIFFS IN "NON-REPEALER" STATES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/8/2019. 7/9/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (SEE DOC NO. 850 IN 13-MD-2437)(kp, )
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Filing
356
MEMORANDUM AND/OR OPINION ORDER THAT HOMEBUILDER PLAINTIFFS' MOTION TO STRIKE (DOC. NO. 310 IN 15-CV-1712) WILL BE GRANTED AS TO PABCO BUT WILL BE DENIED AS TO USG AND L&W; ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/11/2018. 10/11/2018 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 797 IN 13-MD-2437) (ems)
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Filing
299
MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANTS' MOTION TO COMPEL (DOC. NO. 287 IN 15-CV-1712) IS DENIED IN SUBSTANTIAL PART. PLAINTIFFS' MOTION FOR PROTECTIVE ORDER (DOC. NO. 290 IN 15-CV-1712) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/10/2018. 5/11/2018 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 732 IN 13-MD-2437) (ems)
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Filing
263
AMENDED PRE-TRIAL SCHEDULING ORDER RE: CONTENTION STATEMENTS AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/6/2017. 11/6/2017 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 675 IN 13-MD-2437) (ems)
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Filing
214
MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANTS' MOTION TO COMPEL (DOC. NO. 200 IN 15-CV-1712) IS GRANTED SUBJECT TO THE EXTENSION TO 9/10/2017 AND TO THE INTERPRETATIONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/23/2017. 5/23/2017 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 594 IN 13-MD-2437) (ems)
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Filing
160
ORDER THAT HOMEBUILDER PLAINTIFFS' MOTION TO COMPEL DAMAGES RELATED DISCOVERY (DOC. NO. 127 ) IS GRANTED IN PART AND DENIED IN PART. THE PARTIES SHALL PROVIDE THE COURT WITH AN UPDATE FOLLOWING THEIR MEET AND CONFER DISCUSSIONS WITHIN 21 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/2/2016. 12/2/2016 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER #501 IN 13-MD-2437) (aeg)
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Filing
117
MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFFS' MOTION TO CERTIFY ORDER FOR INTERLOCULORY APPEAL (DOC. NO. 104 IN 15-CV-1712) IS DENIED FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE WENDY BEETLESTONE FOR THE HONORABLE HONORABLE MICHAEL M. BAYLSON ON 8/18/2016. 8/18/2016 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 442 IN 13-MD-2437) (ems)
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Filing
102
MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION TO DISMISS IS GRANTED AS TO COUNT 4 TO THE EXTENT THAT COUNT 4 IS BASED ON THE CONSUMER PROTECTION STATUTES OF GEORGIA AND THE DISTRICT OF COLUMBIA, AND THOSE CLAIMS ARE DISMISSED WITH PREJUDICE. AS TO THE CLAIM OF EACH INDIVIDUAL PLAINTIFF FOR VIOLATION OF CONSUMER PROTECTION STATUTES, EACH PLAINTIFF IS GIVEN LEAVE TO AMEND TO ADD SPECIFIC FACTS, AS DISCUSSED IN THE FOREGOING MEMORANDUM, WITHIN THIRTY (30) DAYS. IF ANY INDIVIDUAL PLAINTIFF FAILS T O MAKE THE REQUISITE ALLEGATIONS, COUNT 4 WILL BE DISMISSED AS TO THAT PLAINTIFF. THE MOTION TO DISMISS IS DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE WENDY BEETLESTONE FOR THE HONORABLE MICHAEL M. BAYLSON ON 7/13/2016. 7/13/2016 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 423 IN 13-MD-2437) (ems)
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Filing
94
MEMORANDUM AND/OR OPINION ORDER THAT L&W, USG, AND USG CORP.'S MOTION FOR JOINDER (DOC. NO. 64 IN 15-CV-1712) IS GRANTED. CERTAIN DEFENDANTS' JOINT PARTIAL MOTION TO DISMISS (DOC. NO. 65 IN 15-CV-1712) IS GRANTED TO THE EXTENT IT ASKS THIS COURT TO NARROW THE SCOPE OF THE CONSPIRACY PERIOD TO 2011 THROUGH THE 2013 PRICE INCREASE. DEFENDANT CERTAINTEED'S MOTION TO DISMISS (DOC. NO. 66 IN 15-CV-1712) IS GRANTED TO THE EXTENT IT ASKS THIS COURT TO NARROW THE SCOPE OF THE CONSPIRACY P ERIOD TO 2011 THROUGH THE 2013 PRICE HIKE AND DENIED TO THE EXTENT IT ASKS THE COURT TO DISMISS THE REMAINDER OF HOMEBUILDER PLAINTIFFS' CLAIMS AND DEFENDANT CONTINENTAL'S MOTION TO DISMISS (DOC. NO. 375 IN 13-MD-2437) IS GRANTED, AND CONTI NENTAL IS DISMISSED FROM THE SUIT. THIS IS ONLY A PARTIAL RULING ON DEFENDANTS' MOTIONS. THE COURT WILL ADRESS DEFENDANTS' ARGUMENTS RELATED TO HOMEBUILDER PLAINTIFFS' STATE-LAW CLAIMS AND ILLINOIS BRICK AT A LATER DATE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/22/2016. 6/23/2016 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 410 IN 13-MD-2437) (ems)
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Filing
37
MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFFS' MOTION TO FILE A FIRST AMENDED COMPLAINT UNDER SEAL (DOC. NO. 32 IN 15-CV-1712) IS DENIED FOR THE REASONS SET FORTH IN THE FOREGOING MEMORANDUM. PLAINTIFFS SHALL FILE A NEW AMENDED COMPLAINT WITHI N FOURTEEN (14) DAYS. DEFENDANTS SHALL RESPOND WITHIN THIRTY (30) DAYS. DEFENDANTS' JOINT MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 28 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT USG'S MOTION FOR PARTIAL JOINDER IN DEFENDANTS' JOINT MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 27 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT TIN, INC.'S MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 23 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT CONTINENTAL BUILDING PRODUCTS& #039; MOTION TO DISMISS THE ORIGINAL COMPLAINT IS DENIED AS MOOT (DOC. NOS. 301 AND 302 IN 13-MD-2437) AND DEFENDANT LAFARGE'S MOTION TO DISMISS THE ORIGINAL COMPLAINT IS DENIED AS MOOT (DOC. NO. 303 IN 13-MD-2437). SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/1/2015. 12/1/2015 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 330 IN 13-MD-2437) (ems)
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