Continues to Confirm Discovery Details in Price-Fixing Suit
July 14, 2009
The U.S. District Court for the Western District of Pennsylvania
issued an order last week announcing that the parties in the case
still have not reached an agreement on several matters involving
future discovery in the case (CLICK
HERE for related story). Plaintiffs include Maran-Wurzell Glass
& Mirror, Gilkey Window Co. Inc., Greenwood Glass Co., Thermo
Twin Industries Inc., as well as many others. (CLICK
HERE for related story, including a full list of plaintiffs.)
The defendants are: Guardian Industries Corp.; Pilkington North
America Inc. and Pilkington Holding Inc. (together, Pilkington);
and PPG Industries. According to the order, the parties involved
have not reached an agreement on the following matters:
- "the custodian-based limitation on Defendants' search for
documents and electronically stored information (ESI) responsive
to certain document requests;" and
- the format of the ESI.
The parties have previously agreed to an additional three-week
period during which they'd try to reach an agreement-beginning on
July 1. However, if an agreement is not reached within that three-week
period, which soon will come to an end, those seeking discovery
will be compelled to file a motion or brief by July 22; opposition
to the motion will be due August 5; and reply briefs will be due
on August 12. (CLICK
HERE for full text of the recent order.)
Recently, John Evans of Specter Specter Evans & Manogue P.C.
also filed a declaration in support of the plaintiffs' motion in
the class-action suit requesting that one of the defendants, Guardian
Industries, submit a variety of documents previously requested of
all the defendants. (CLICK
HERE for full text of that document.)
Plaintiffs allege that the manufacturers agreed to raise and fix
prices "through a combination of collusive energy surcharges
and price increases."
The manufacturers previously had motioned for the judge to dismiss
the suit-and the motion was denied in February.
Need more info and analysis about the issues?
HERE to subscribe to AGRR magazine.