In re BATH AND KITCHEN FIXTURES ANTITRUST LITIGATION.
Samuel Gordon Architects, P.C.; Watertown Plumbing and Heating Supply Company, Inc.; Republic Plumbing Supply Company, Inc.; Thames Valley Winnelson Company; East Coast Petroleum; Jermor Plumbing & Heating, Inc.; Colonial Supply Corporation; Bis Bis Imports Boston, Inc.; Schaeffer Plumbing Supply Company, Inc.; Security Supply Company; Donatucci Kitchens & Appliances; G.J. Olson Architects; Trumbull Industries, Inc.; Owner Supplied, LLC; North Shore Faucets, Inc.; The Plumbing Source, Inc.; Neenan Company, Inc., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 28, 2008.
Filed: July 28, 2008.
Attorney(s) appearing for the Case
Robert J. LaRocca, Esquire, (Argued), Kohn, Swift & Graf, Steven A. Asher, Esquire Weinstein, Kitchenoff & Asher Gerald J. Rodos, Esquire Barrack, Rodos & Bacine Warren Rubin, Esquire Law Offices of Bernard M. Gross Philadelphia, PA, Attorneys for Appellants.
Joseph R. Baker, Esquire, (Argued), Richard J. Favretto, Esquire, Mark W. Ryan, Esquire, Mayer Brown, Washington, D.C. Barbara W. Mather, Esquire, Pepper Hamilton Philadelphia, PA, Attorneys for Appellee, Trane Inc.
Eric J. McCarthy, Esquire, Margaret M. Zwisler, Esquire, Latham & Watkins, Washington, D.C., Attorneys for Appellee Masco Corporation.
Stephen W. Armstrong, Esquire, Peter Breslauer, Esquire, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, Charles G. Curtis, Jr., Esquire, Heller Ehrman, Madison, WI, Robert A. Rosenfeld, Esquire, Heller Ehrman, San Francisco, CA, Attorneys for Appellee, Kohler Company.
Adam K. Levin, Esquire, Mitchell E. Zamoff, Esquire, Hogan & Hartson, Washington, D.C., Attorneys for Appellee, Eljer Plumbingware.
Before: SCIRICA, Chief Judge, RENDELL, Circuit Judge, and THOMPSON, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Chief Judge.
Plaintiffs appeal the District Court's order striking as untimely their notice of voluntary dismissal filed under Fed. R.Civ.P. 41(a)(1)(A)(i). We will vacate and remand with instructions to enter an order dismissing the complaint without prejudice.
I.
Purchasers of bath and kitchen plumbing fixtures filed putative class action complaints against manufacturers...
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