ASHTON WOODS HOLDINGS L.L.C. et al v. USG CORPORATION et al

Filing 37

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFFS' MOTION TO FILE A FIRST AMENDED COMPLAINT UNDER SEAL (DOC. NO. 32 IN 15-CV-1712) IS DENIED FOR THE REASONS SET FORTH IN THE FOREGOING MEMORANDUM. PLAINTIFFS SHALL FILE A NEW AMENDED COMPLAINT WITHI N FOURTEEN (14) DAYS. DEFENDANTS SHALL RESPOND WITHIN THIRTY (30) DAYS. DEFENDANTS' JOINT MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 28 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT USG'S MOTION FOR PARTIAL JOINDER IN DEFENDANTS' JOINT MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 27 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT TIN, INC.'S MOTION TO DISMISS THE ORIGINAL COMPLAINT (DOC. NO. 23 IN 15-CV-1712) IS DENIED AS MOOT. DEFENDANT CONTINENTAL BUILDING PRODUCTS& #039; MOTION TO DISMISS THE ORIGINAL COMPLAINT IS DENIED AS MOOT (DOC. NOS. 301 AND 302 IN 13-MD-2437) AND DEFENDANT LAFARGE'S MOTION TO DISMISS THE ORIGINAL COMPLAINT IS DENIED AS MOOT (DOC. NO. 303 IN 13-MD-2437). SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/1/2015. 12/1/2015 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 330 IN 13-MD-2437) (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: DOMESTIC DRYWALL ANTITRUST LITIGATION MDL No. 2437 13-MD-2437 CIVIL ACTION 15-1712 THIS DOCUMENT RELATES TO: Ashton Woods Holdings, L.L.C., et al., v. USG Corp., et al. ORDER AND NOW, this 1st day of December, 2015, Plaintiffs’ Motion to File a First Amended Complaint Under Seal (ECF 32) is DENIED for the reasons set forth in the foregoing Memorandum. 1. Plaintiffs shall file a new Amended Complaint within fourteen (14) days. 2. Defendants shall respond within thirty (30) days. 3. Defendants’ Joint Motion to Dismiss the Original Complaint (15-1712, ECF 28) is DENIED as moot; 4. Defendant USG’s Motion for Partial Joinder in Defendants’ Joint Motion to Dismiss the Original Complaint (15-1712, ECF 27) is DENIED as moot; 5. Defendant TIN, Inc.’s Motion to Dismiss the Original Complaint (15-1712, ECF 23) is DENIED as moot; 6. Defendant Continental Building Products’ Motion to Dismiss the Original Complaint is DENIED as moot (13-MD-2437, ECF 301; 302); and 7. Defendant LaFarge’s Motion to Dismiss the Original Complaint is DENIED as moot (13-MD-2437, ECF 303). BY THE COURT: /s/ Michael M. Baylson _______________________________ MICHAEL M. BAYLSON, U.S.D.J. O:\13-MD-2437 - drywall\15cv1712.order.seal.11.30.15.docx

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