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

Filing 393

ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON UNASSIGNED CLAIMS IS GRANTED IN PART AND DENIED IN PART. ANY MOTION CONCERNING A DISPUTE ON THIS ISSUE MUST BE FILED BY 10/30/2019. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/15/2019. 7/15/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO.852 IN 13-MD-2437)(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DOMESTIC DRYWALL
ANTITRUST LITIGATION
CIVIL ACTION
THIS DOCUMENT RELATES TO:
MDL No. 13-2437
Ashton Woods Holdings LLC, et al.,
Plaintiffs,

15-cv-1712

v.
USG Corp., et al.,
Defendants.

ORDER RE: UNASSIGNED CLAIMS
For the reasons stated in the foregoing Memorandum, the Defendants’ Motion for Partial
Summary Judgment on Unassigned Claims is GRANTED in part and DENIED in part. As to
those subsidiaries or affiliates of the Plaintiffs that Plaintiffs have previously and specifically
identified in this case, as purchasers of drywall, either in the initial disclosures, or by specific
responses to Defendants’ discovery, and Plaintiffs have previously disclosed the details of the
purchases of drywall in discovery, these subsidiaries or affiliates may be added as parties for the
sole purpose of seeking damages in this case, or may otherwise ratify the claims.
Plaintiffs will have thirty (30) days to file a statement to identify these entities, with
specific references to where the disclosure was previously made, along with a statement showing
that the drywall purchases claimed in this litigation against one or more Defendants were
previously provided in discovery, or otherwise, to Defendants.
Defendants will then have thirty (30) days in which to dispute the accuracy or sufficiency
of the alleged disclosure in the statement.

The Court will then allow an additional thirty (30) days for counsel to discuss and
attempt to resolve any disputes.
Any motion concerning a continuing dispute on this issue must be filed by October 30,
2019.
BY THE COURT:

Dated: July 15, 2019

/s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge

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