ASHTON WOODS HOLDINGS L.L.C. et al v. USG CORPORATION et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DOMESTIC DRYWALL
THIS DOCUMENT RELATES TO:
MDL No. 13-2437
Ashton Woods Holdings LLC, et al.,
JUL 13 21 16
USG Corp., et al.,
MICHAELE. KUNZ, < lark
AND NOW, this J~ day of July 2016, after review of Certain Defendants' Partial
Motion to Dismiss (ECF 65), Plaintiffs' Response thereto (ECF 77), and Certain Defendants'
Reply thereto (ECF 81), it is hereby ORDERED:
1. 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; and
2. 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 to make the requisite allegations, Count 4 will be
dismissed as to that Plaintiff.
0:\13-MD-2437 - drywall\15cv1712 Order Motion to Dismiss 7.7.16.docx
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