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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SAMUEL GORDON ARCHITECTS, P.C. : CIVIL ACTION NO.

on behalf of itself and all others : 2:05-cv-00510 MAM

similarly situated :

:

:

v. :

:

AMERICAN STANDARD COMPANIES, :

MASCO CORPORATION and :

GROHE AMERICA, INC. :

___________________________________

WATERTOWN PLUMBING AND HEATING : CIVIL ACTION NO.

SUPPLY COMPANY, INC. : 2:05-cv-00535 MAM

individually and on behalf of a :

class of all those similarly :

situated :

:

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

REPUBLIC PLUMBING SUPPLY COMPANY, : CIVIL ACTION NO.

INC. individually and on behalf : 2:05-cv-00537 MAM

of a class of all those similarly :

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

Case 2:05-cv-00537-MAM Document 4 Filed 03/29/05 Page 1 of 12
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THAMES VALLEY WINNELSON COMPANY : CIVIL ACTION NO.

on behalf of itself and all others : 2:05-cv-00565 MAM

similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

EAST COAST PETROLEUM, CORP. : CIVIL ACTION NO.

individually and on behalf of a : 2:05-cv-00585 MAM

class of all those similarly :

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

JERMOR PLUMBING & HEATING, INC. : CIVIL ACTION NO.

on behalf of itself and all others : 2:05-cv-00626 MAM

similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION, GROHE AMERICA, :

INC. and DELTA FAUCET COMPANY :

___________________________________

COLONIAL SUPPLY CORPORATION : CIVIL ACTION NO.

individually and on behalf of a : 2:05-cv-00677 MAM

class of all those similarly :

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

Case 2:05-cv-00537-MAM Document 4 Filed 03/29/05 Page 2 of 12
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BIS BIS IMPORTS BOSTON, INC. : CIVIL ACTION NO.

individually and on behalf of a : 2:05-cv-00678 MAM

class of all those similarly :

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

SCHAEFFER PLUMBING SUPPLY COMPANY, : CIVIL ACTION NO.

INC. on behalf of itself and all : 2:05-cv-00689 MAM

others similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, :

MASCO CORPORATION and GROHE :

AMERICA, INC. :

___________________________________

SECURITY SUPPLY COMPANY on behalf : CIVIL ACTION NO.

of itself and all others similarly : 2:05-cv-00774 MAM

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION, DELTA FAUCET :

COMPANY and GROHE AMERICA, INC. :

___________________________________

DONATUCCI KITCHENS AND APPLIANCES : CIVIL ACTION NO.

: 2:05-cv-00801 MAM

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

GROHE AMERICA, INC., MASCO :

CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

Case 2:05-cv-00537-MAM Document 4 Filed 03/29/05 Page 3 of 12
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G.J. OLSON ARCHITECTS on behalf : CIVIL ACTION NO.

of itself and all others similarly : 2:05-cv-00869 MAM

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, :

MASCO CORPORATION and GROHE :

AMERICA, INC. :

___________________________________

TRUMBULL INDUSTRIES, INC. : CIVIL ACTION NO.

on behalf of itself and others : 2:05-cv-01044 MAM

similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION, GROHE AMERICA, :

INC. and DELTA FAUCET COMPANY :

___________________________________

OWNER SUPPLIED, LLC on behalf of : CIVIL ACTION NO.

itself and all others similarly : 2:05-cv-01065 MAM

situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION and DELTA FAUCET :

COMPANY :

___________________________________

NORTH SHORE FAUCETS, INC. on : CIVIL ACTION NO.

behalf of itself and all others : 2:05-cv-01075 MAM

similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, :

MASCO CORPORATION and GROHE :

AMERICA, INC. :

___________________________________

Case 2:05-cv-00537-MAM Document 4 Filed 03/29/05 Page 4 of 12
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THE PLUMBING SOURCE, INC. on : CIVIL ACTION NO. 

behalf of itself and all others : 2:05-cv-01232 MAM

similarly situated :

:

v. :

:

AMERICAN STANDARD COMPANIES, INC., :

MASCO CORPORATION, DELTA FAUCET :

COMPANY and GROHE AMERICA, INC. :

___________________________________

PRETRIAL ORDER NO. 1

AND NOW, this 29th day of March, 2005, whereas the

plaintiffs have filed Complaints (the “Complaints”) in the abovereferenced actions for alleged violations of the antitrust laws

involving prices of plumbing fixtures sold in the United States

pursuant to Section One of the Sherman Act, 15 U.S.C. §1; whereas

the defendants intend to resist such allegations; and whereas the

plaintiffs and defendants believe consolidation of the Complaints

will avoid unnecessary costs and promote the efficient conduct of

proceedings, IT IS HEREBY ORDERED that:

I. CONSOLIDATION

1. The Complaints are consolidated pursuant to Fed. R.

Civ. P. 42 (a) for all purposes. The current actions and those

that may be consolidated with the current actions are

collectively referred to as In re Bath and Kitchen Fixtures

Antitrust Litigation. This Pretrial Order No. 1 (the “Order”)

shall apply as specified to each case that relates to the Bath

and Kitchen Fixtures Antitrust Litigation that is subsequently

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filed in this Court or transferred to this Court and is

consolidated with the Complaints.

2. The terms of this Order shall not have the effect of

making any person, firm or corporation a party to any action in

which he, she or it has not been named, served or added as such,

in accordance with the Federal Rules of Civil Procedure. The

terms of this Order and the consolidation ordered herein shall

not constitute a waiver by any party of any claims in or defenses

to any of the actions.

II. MASTER FILE AND DOCKET

3. A Master File Docket is hereby established for this

proceeding. The Master Docket number shall be 05-cv-00510 MAM. 

One docket will be maintained for these actions with all entries

to be docketed under the consolidated lead case number 05-cv00510 MAM. If a document pertains to only one or some of the

member cases, it will be docketed on the consolidated case with a

notation in the docket text as to the case numbers to which it

pertains.

4. An original of this Order shall be filed by the Clerk

in the Master File and in the files for each of the actions and

every action subsequently consolidated herein.

5. The Clerk shall mail a copy of this Order to all

counsel of record in any related Bath and Kitchen Fixtures

Antitrust Litigation action.

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6. Every pleading filed in the Bath and Kitchen Fixtures

Antitrust Litigation shall bear the following caption:

__________________________________________

 :

In re BATH AND KITCHEN FIXTURES : MASTER DOCKET NO.

ANTITRUST LITIGATION : 05-cv-00510 MAM

__________________________________________:

THIS DOCUMENT RELATES TO:

ALL ACTIONS

7. When a pleading is intended to be applicable to all

actions to which this Order is applicable, the words “All

Actions” shall appear immediately after or below the words “This

Document Relates To” in the caption set out above. When a

pleading is intended to be applicable only to some, but not all,

of such actions, the separate caption and docket number for each

individual action to which the pleading is intended to be

applicable shall appear immediately after or below the words

“This Document Relates To” in the caption set out above. 

8. When a pleading is filed and the caption, pursuant to

the foregoing, shows that it is applicable to “All Actions”, the

Clerk shall file such pleading in the Master File and note such

filing in the Master Docket. No further copies need to be filed

or docket entries made.

9. When a pleading is filed and the caption, pursuant to

the foregoing, shows that it is applicable to fewer than all of

the actions consolidated in the Bath and Kitchen Fixtures

Antitrust Litigation, the Clerk needs to file such pleadings only

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in the Master File but nonetheless shall note such filing in both

the Master Docket and the docket of each such action.

10. This Court requests the assistance of counsel in

calling to the attention of the Clerk of this Court the filing or

transfer of any case that might properly be consolidated as part

of In re Bath and Kitchen Fixtures Antitrust Litigation, Master

Docket No. 05-cv-00510 MAM.

11. When a case involving allegations that defendants

unlawfully agreed, combined or conspired to fix, raise, maintain

or stabilize the prices of plumbing fixtures sold in the United

States is hereinafter filed in this Court or transferred from

another court, the Clerk of this Court shall:

(a) file a copy of this Order in the separate file for

such action;

(b) mail a copy of this Order to the attorneys for the

plaintiff(s) in the newly-filed or transferred

case and to any new defendant(s) in this newly

filed or transferred case; and

(c) make the appropriate entry in the Master Docket

for In re Bath and Kitchen Fixtures Antitrust 

Litigation, Master Docket No. 05-cv-00510 MAM.

12. Each case that involves allegations that defendants

unlawfully agreed, combined or conspired to fix, raise, maintain

or stabilize the prices of plumbing fixtures sold in the United

States which was previously or is subsequently filed in this

Court or transferred to this Court, shall be consolidated with

the Bath and Kitchen Fixtures Antitrust Litigation and this Order

Case 2:05-cv-00537-MAM Document 4 Filed 03/29/05 Page 8 of 12
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shall apply thereto, unless a party objects to consolidation, as

provided for herein, or any provision of this Order, within ten

(10) days after the date upon which a copy of this Order is

served on counsel for such party, by filing an application for

relief and this Court deems it appropriate to grant such

application. Nothing in the foregoing shall be construed as a

waiver of the defendants' right to object to consolidation of any

previously filed or transferred related action.

III. ORGANIZATION OF PLAINTIFFS' COUNSEL

13. The Court appoints Warren Rubin of the Law Offices of

Bernard M. Gross, P.C., 1515 Locust Street, 2nd Floor,

Philadelphia, PA 19102; Joseph C. Kohn of Kohn, Swift & Graf,

P.C., One South Broad Street, Suite 2100, Philadelphia, PA 19107;

Gerald J. Rodos of Barrack, Rodos & Bacine, 3300 Two Commerce

Square, 2001 Market Street, Philadelphia, PA 19103 and Steven A.

Asher of Weinstein Kitchenoff & Asher LLC, 1845 Walnut Street,

Suite 1100, Philadelphia, PA 19103 as Lead Counsel for the

Plaintiffs.

14. Plaintiffs' Lead Counsel shall be responsible for

coordinating and organizing plaintiffs in the conduct of this

litigation and, in particular, shall have the following

responsibilities:

(a) To brief and argue motions and file opposing

briefs in proceedings initiated by other parties;

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(b) To initiate and conduct discovery proceedings;

(c) To act as spokesperson at pretrial conferences;

(d) To negotiate with defense counsel with respect to

settlement and other matters;

(e) To call meetings of plaintiffs' counsel when

appropriate;

(f) To make all work assignments to plaintiffs'

counsel to facilitate the orderly and efficient

prosecution of this litigation and to avoid

duplicative or unproductive effort;

(g) To conduct trial and post-trial proceedings;

(h) To consult with and employ experts;

(i) To perform such other duties and undertake such

other responsibilities as they deem necessary or

desirable; and

(j) To coordinate and communicate with defendants'

counsel with respect to matters addressed in this

paragraph.

15. No motion, request for discovery, or other pretrial

proceedings shall be initiated or filed by any plaintiff except

through Plaintiffs' Lead Counsel.

16. Plaintiffs' Lead Counsel shall be the contact between

plaintiffs' counsel and defendants' counsel as well as the

spokespersons for plaintiffs' counsel and shall call meetings of

and direct and coordinate the activities of plaintiffs' counsel. 

Plaintiffs' Lead Counsel shall also be responsible for

communicating with the Court to coordinate the conduct of the

litigation, including the receipt and dissemination of Court

orders and notices. Plaintiffs' Lead Counsel are designated as

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the contact persons from plaintiffs' counsel and as the attorneys

of record with whom the Court will be dealing throughout the

course of this litigation.

17. All plaintiffs' counsel shall submit to Plaintiffs'

Lead Counsel a record of the time expended to date in the form

set forth by Plaintiffs' Lead Counsel on a monthly basis or on

such other schedule as may be established, from time to time, by

Plaintiffs' Lead Counsel.

18. Defendants shall effect service of papers on plaintiffs

by serving a copy of same on Plaintiffs' Lead Counsel by

overnight mail, telecopy or hand delivery. Plaintiffs shall

effect service of papers on defendants by serving a copy of same

on defendants' counsel and defendants' local counsel by overnight

mail, telecopy or hand delivery.

19. The terms of this Order and the appointment of

Plaintiffs' Lead Counsel shall not constitute a waiver by

defendants of any defenses they may have to (a) the substantive

allegations contained in the Complaints or any Consolidated

Amended Complaint hereafter filed, and (b) the propriety of class

certification, including any defenses or objections under Rule 23

of the Federal Rules of Civil Procedure.

IV. COMPLAINTS AND RESPONSES

20. Defendants are not required to respond to the

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individual Complaints. Within 45 days of entry of this Order by

the Court Plaintiffs shall file a Consolidated Amended Complaint. 

Defendants shall answer, move or otherwise plead in response to

the Consolidated Complaint within 45 days of service. In the

event that defendants file a motion, plaintiffs shall have 30

days from the date of service to respond to the motion. 

Defendants may file a reply within 21 days thereafter.

V. ADMISSION OF COUNSEL

21. Pro hac vice motions shall not be required for counsel

of record who are currently members in good standing of the bar

of any state or federal court.

BY THE COURT:

/s/ Mary A. McLaughlin

MARY A. McLAUGHLIN, J.

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