`
`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
`
`On this date, the Court heard argument on the “Twombly challenge” set forth in
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`Defendants’ Joint Motion “Motion To Dismiss The Indirect Purchaser Plaintiffs’ Consolidated
`
`Amended Complaint” (Docket Entry No. 162). The Court concludes that the Indirect Purchaser
`
`Plaintiffs’ current operative complaint, the “Second Consolidated Amended Complaint,” fails to
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`state a claim under Twombly1, except as to the claims asserted against Defendants Panasonic
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`Corporation and Embraco North America, Inc., for the approximately three-year period set forth
`
`in their respective plea agreements. A memorandum opinion setting forth the basis for the
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`Court’s ruling shall be issued shortly.
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`IT IS HEREBY ORDERED that the claims asserted in the Indirect Purchaser Plaintiffs’
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`Second Consolidated Amended Complaint are DISMISSED as to all Defendants with the
`
`exception of Defendants Panasonic Corporation and Embraco North America, Inc.
`
`IT IS SO ORDERED.
`
`Dated: June 7, 2012
`
`S/Sean F. Cox
`Sean F. Cox
`United States District Judge
`
`1Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
`
`
`
`2:09-md-02042-SFC Doc # 294 Filed 06/07/12 Pg 2 of 2 Pg ID 6751
`
`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
`
`PROOF OF SERVICE
`
`I hereby certify that a copy of the foregoing document was served upon counsel of record
`
`on June 7, 2012, by electronic and/or ordinary mail.
`
`S/Jennifer Hernandez
`Case Manager
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