Picht v. James Hardie Building Products, Inc.

Filing 116

ORDER. IT IS HEREBY ORDERED: Within seven days from the date of this Order, Plaintiffs shall submit a one page document explicitly stating whether or not they concede that Counts 2 and 3 are subject to dismissal and, if so, whether they concede dismissal as to all or only particular Plaintiffs.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/21/13. Associated Cases: 0:12-md-02359-MJD et al.(GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

IN RE: HARDIEPLANK FIBER CEMENT
SIDING LITIGATION

Case No. 12-md-2359
MDL No. 2359

THIS DOCUMENT RELATES TO
ALL ACTIONS

ORDER

This matter is before the Court on Defendant James Hardie Building
Products, Inc.’s Motion to Dismiss. [Docket No. 36] The Court heard oral
argument on March 21, 2013. During oral argument, Plaintiffs’ Lead Counsel
stated that “Counts 2 and 3 are not being contested” and that Counts 2 and 3 “are
no longer at issue.” In order to ensure that the record in this case is clear,
IT IS HEREBY ORDERED:
Within seven days from the date of this Order, Plaintiffs shall
submit a one page document explicitly stating whether or not they
concede that Counts 2 and 3 are subject to dismissal and, if so,
whether they concede dismissal as to all or only particular Plaintiffs.

Dated: March 21, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court