Opinion
Case No. 2:09-md-02042
06-07-2012
In re: Refrigerant Compressors Antitrust Litigation
Honorable Sean F. Cox
United States District Court
ORDER
On this date, the Court heard argument on the "Twombly challenge" set forth in 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 state a claim under Twombly, except as to the claims asserted against Defendants Panasonic 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 Court's ruling shall be issued shortly.
IT IS HEREBY ORDERED that the claims asserted in the Indirect Purchaser Plaintiffs' 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.
_________________________
Sean F. Cox
United States District Judge
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.
Jennifer Hernandez
Case Manager
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).