Rawls, et al v. Associated Materials, LLC et al
||Louise C. Rawls and Merrill Reid Rawls,
||Associated Materials, LLC, Original Building Products, LLC and John S. Melvin
||November 1, 2010
||US District Court for the Southern District of West Virginia
||XX Outside US
|Nature of Suit:
||Contract Product Liability
|Cause of Action:
||15 U.S.C. § 2301
|Jury Demanded By:
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|September 5, 2012
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)
|August 1, 2011
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)
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