`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`In re: Refrigerant Compressors
`Antitrust Litigation
`
`___________________________/
`
`Case No. 2:09-md-02042
`
`Honorable Sean F. Cox
`United States District Court
`
`ORDER
`REGARDING FILING OF MOTIONS TO DISMISS
`GAFFET AND STRONG ELECTRIC “TAG-ALONG” ACTIONS
`
`Currently pending before this Court are motions seeking to dismiss the Direct Purchaser
`
`Plaintiffs’ Master Amended Complaint and the Indirect Purchaser Plaintiffs’ Consolidated
`
`Amended Complaint.
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`After those motions were filed, two additional “tag-along” actions were transferred to
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`this Court by the MDL Panel: 1) Strong Electric v. Tecumseh Products Company et al. (Case
`
`No. 10-00448); and 2) Gaffet v. Tecumseh Products Company et al. (Case No. 10-00443). (See
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`Conditional Transfer Order (CTO-3), Docket Entry No. 227).
`
`Pursuant to Case Management Order No. 1, “[w]ithin thirty (30) days after any transfer to
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`this Court of a ‘tag-along’ action, Defendants may file or renew motions with respect to such
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`actions pursuant to Fed. R. Civ. P. 12.” (Docket Entry No. 152 at 10).
`
`Due to no fault of the parties in this action, although Conditional Transfer Order (CTO-3)
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`was issued by the MDL Panel on March 16, 2011, it was not entered on the docket in this action
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`until April 6, 2011.
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`Accordingly, the Court hereby ORDERS that any motions to dismiss the Gaffett or
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`Strong Electric actions shall be filed no later than May 6, 2011.
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`IT IS FURTHER ORDERED that, to the extent that Defendants request the Court to
`
`
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`2:09-md-02042-SFC Doc # 231 Filed 04/13/11 Pg 2 of 2 Pg ID 5889
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`extend the deadline for filing motions to dismiss the Gaffett or Strong Electric actions until after
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`this Court has ruled on the pending motions to dismiss (see Docket Entry Nos. 228 & 299), those
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`requests are DENIED.
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`IT IS SO ORDERED.
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`S/Sean F. Cox
`Sean F. Cox
`United States District Judge
`
`Dated: April 13, 2011
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`I hereby certify that a copy of the foregoing document was served upon counsel of record on
`April 13, 2011, by electronic and/or ordinary mail.
`
`S/Jennifer Hernandez
`Case Manager
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