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

Filing 398

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN FAVOR OF USG CORPORATION AND GRANTED IN FAVOR OF UNITED STATES GYPSUM COMPANY. THE MOTION FOR SUMMARY JUDGMENT IS DENIED AS TO L&W SUPPLY CORPORATION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/18/2019. 7/19/2019 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE DOCKET NO.855 IN 13-MD-2437)

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: USG DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
AND NOW, this 18th day of July, 2019, upon consideration of the Motion for Summary
Judgment filed by USG Corporation, United States Gypsum Company, and L&W Supply
Corporation (ECF 304), Plaintiffs’ response thereto (ECF 357-359), the USG Defendants’ reply
thereto (ECF 363-366), the parties’ suggested modifications to the Court’s proposed factual
chronology (ECF 373 & 374), oral argument held on March 12, 2019, and the supplemental
briefing that followed argument (ECF 383 & 384), and for the reasons to be stated in the
forthcoming memorandum to be filed within seven days, it is HEREBY ORDERED:
1. Summary Judgment is GRANTED in favor of USG Corporation;
2. Summary Judgement is GRANTED in favor of United States Gypsum Company; and
3. Summary Judgement is DENIED as to L&W Supply Corporation.
BY THE COURT:
/s/ Michael M. Baylson
______________________________
MICHAEL M. BAYLSON
United States District Court Judge
O:\13-MD-2437 - drywall\15-cv-1712 - drywall\15cv1712 Order re USG Def SJ.docx