RWJ Management Company, Inc. et al v. BP Products North America, Inc. et al

Filing 366

WRITTEN Opinion entered by the Honorable Rebecca R. Pallmeyer on 1/13/2011:Enter Written Opinion. Status hearing held on 1/13/2011. Defendants' motion to dismiss or strike or, in the alternative, to join the "jobbers" as Defendants i n this action 125 is granted in part and denied in part. Paragraphs 76 and 77 are stricken, but the request to join the jobbers as parties is denied. Defendant BP Products North America Inc.'s motion for sanctions 228 is granted in that Pl aintiffs will be barred from pursuing any claims that would be supported by (or could be challenged by) documents that once existed but are no longer available due to the failure to preserve them. On Plaintiffs' oral motion, Count VII, the claim for tortious interference, is dismissed. As all federal claims have been dismissed, Defendant's oral motion asking the court to retain jurisdiction is denied. This case is remanded to the Circuit Court of Cook County for further proceedings. The Clerk is directed to stay execution of the remand order for ten days. Final Pretrial Conference and Jury Trial, and remaining pending motions [160, 199, 336] are stricken without prejudice. (For further detail see minute order.) Signed by the Honorable Rebecca R. Pallmeyer on 1/13/2011: Mailed notice(etv, )

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