IN RE: HYDROGEN PEROXIDE ANTITRUST LITIGATION

Filing 670

ORDER THAT FMC'S MOTION TO DISMISS THE PLAINTIFFS' CLAIMS FOR PERBORATES PURCHASES MADE IN FOREIGN COMMERCE IS GRANTED; PLAINTIFFS' CLAIMS FOR PERBORATES MADE IN FOREIGN COMMERCE ARE DISMISSED; BY APRIL 9, 2010 THE PARTIES SHALL NOTIFY THE COURT BY FAX AS TO WHETHER MEDIATION WITH JUDGE HART WOULD BE FRUITFUL IN RESOLVING THE PLAINTIFFS' REMAINING CLAIMS AGAINST FMC. SIGNED BY HONORABLE STEWART DALZELL ON 3/31/2010; 4/1/2010 ENTERED AND COPIES MAILED AND E-MAILED. (SEE PAPER # 260 IN 05-MD-1682). (tjd)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _______________________________ : IN RE: HYDROGEN PEROXIDE : ANTITRUST LITIGATION : ______________________________: : THIS DOCUMENT RELATES TO: : : CONOPCO, INC., et al. v. : ARKEMA, INC., et al. : : and : : CONOPCO, INC., et al. v. : FMC FORET, S.A. : _______________________________ ORDER AND NOW, this 31st day of March, 2010, upon consideration of the motion of FMC Corp. and FMC Foret S.A. (collectively "FMC") to dismiss the plaintiffs' claims for perborates purchases made in foreign commerce (docket entry # 613), the plaintiffs' response thereto (docket entry # 632), and FMC's reply (docket entry # 647), and in accordance with the accompanying Memorandum, it is hereby ORDERED that: 1. GRANTED; 2. Plaintiffs' claims for perborates purchases made in The motion to dismiss (docket entry # 613) is

CIVIL ACTION NO. 05-666

MDL DOCKET NO. 1682

foreign commerce are DISMISSED; and

3.

By April 9, 2010 the parties shall NOTIFY the Court

by fax [phone]) regarding whether mediation with Magistrate Judge Jacob P. Hart would be fruitful in resolving the plaintiffs' remaining claims against FMC.

BY THE COURT:

__\s\Stewart Dalzell

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