NIEBERDING v. BARRETTE OUTDOOR LIVING, INC.

Case No. 12-2353-DDC-TJJ.

JONATHAN NIEBERDING, et al., Plaintiffs, v. BARRETTE OUTDOOR LIVING, INC., and HOME DEPOT USA, INC., Defendants.

United States District Court, D. Kansas.

November 10, 2014.


Attorney(s) appearing for the Case

Jonathan Nieberding, Plaintiff, represented by Andrew J. Schermerhorn , The Klamann Law Firm, John M. Klamann , The Klamann Law Firm, Mark P. Schloegel , The Popham Law Firm, PC, Ronald P. Pope , Ralston, Pope & Diehl LLC & William Dirk Vandever , The Popham Law Firm, PC.

Fredrick Aloysius Nieberding, Plaintiff, represented by Andrew J. Schermerhorn , The Klamann Law Firm, John M. Klamann , The Klamann Law Firm, Mark P. Schloegel , The Popham Law Firm, PC, Ronald P. Pope , Ralston, Pope & Diehl LLC & William Dirk Vandever , The Popham Law Firm, PC.

Barrette Outdoor Living, Inc., Defendant, represented by Gary T. Jansen , Cremer Spina Shaughnessy Jansen & Siegert, LLC, James C. Morrow , Morrow, Willnauer, Klosterman & Church LLC & Nicole D. Milos , Cremer Spina Shaughnessy Jansen & Siegert, LLC.

Home Depot USA, Inc., Defendant, represented by Adam K. Fuemmeler , Lauren E. Tucker McCubbin , Nicholas G. Hill , King & Spalding LLP, Ronni D. Solomon , King & Spalding LLP, S. Stewart Haskins , King & Spalding LLP & Zachary A. McEntyre , King & Spalding LLP.


MEMORANDUM AND ORDER

TERESA J. JAMES, Magistrate Judge.

Plaintiffs, who represent a class of purchasers of outdoor railing products designed and sold by defendants Barrette Outdoor Living, Inc. and Home Depot USA, Inc., allege that the railing products included defective plastic brackets which harmed all members of the proposed class by causing them to pay more for the products than they were worth. This matter is presently before...

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