In Re Bath And Kitchen Fixtures Antitrust Litigation

535 F.3d 161 (3d Cir. 2008)

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Nature of the Case

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Facts

Ps filed putative class action complaints against manufacturers (Ds), alleging a price-fixing conspiracy in violation of the Sherman Act. Instead of filing an answer, Ds moved to dismiss the consolidated and amended complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6). The court found that Ps needed to plead more facts to meet the notice standard of Rule 8(a)(2). The court found that Ps needed to plead more facts to meet the notice standard of Rule 8(a)(2). Instead of amending the complaint, plaintiffs filed a notice under 41(a)(1)(A)(i), voluntarily dismissing the action. Ds filed a 'Motion for Entry of Judgment in Accordance with the Court's Memorandum and Order of July 19, 2006,' contending plaintiffs could no longer voluntarily dismiss by notice. The District Court struck the Notice as untimely filed and entered an order dismissing the complaint. Ps appealed.