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

Filing 391

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON CHOICE-OF-LAW IS DENIED. CALIFORNIA LAW WILL APPLY, AS TO CLAIMS BROUGHT BY PLAINTIFFS IN "REPEALER" STATES. FURTHER BRIEFING WILL BE NECESSARY FOR THE COURT TO RULE AS TO CLAIMS BROUGHT BY PLAINTIFFS IN "NON-REPEALER" STATES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/8/2019. 7/9/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL (SEE DOC NO. 850 IN 13-MD-2437)(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DOMESTIC DRYWALL
ANTITRUST LITIGATION
MDL NO. 2437
‘
THIS DOCUMENT RELATES TO:

No. 13-2437
15-cv-1712

Ashton Woods Holdings LLC, et al.,
Plaintiffs,
v.
USG Corp., et al.,
Defendants

ORDER RE: MOTION FOR SUMMARY JUDGMENT (CHOICE-OF-LAW)
AND NOW, this 8th day of July, 2019, for the reasons stated in the foregoing
memorandum, upon consideration of Defendants’ Motion for Summary Judgment on Choice-oflaw (ECF 316), the response and reply thereto, and oral argument, it is hereby ORDERED as
follows:
1. Defendant’s Motion is DENIED, and California law will apply, as to claims brought by
Plaintiffs in “repealer” states; and
2. Further briefing will be necessary for the Court to rule as to claims brought by Plaintiffs in
“non-repealer” states.

BY THE COURT:
/s Michael M. Baylson
Michael M. Baylson, U.S.D.J.
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