DEBLAKER v. MI WINDOWS AND DOORS, INC., 3:10CV427. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120221916
Visitors: 5
Filed: Feb. 17, 2012
Latest Update: Feb. 17, 2012
Summary: ORDER GRAHAM C. MULLEN, District Judge. This matter is before the Court upon its own motion. Defendant has filed a Motion to Reconsider, or, in the Alternative, Certify for Interlocutory Review, the Court's Order denying its Motion to Dismiss Counts I and II of the Amended Complaint. This motion remains under consideration. However, upon review of this motion, it has come to the Court's attention that there is an issue that the parties have failed to address in their briefs to date. While Plai
Summary: ORDER GRAHAM C. MULLEN, District Judge. This matter is before the Court upon its own motion. Defendant has filed a Motion to Reconsider, or, in the Alternative, Certify for Interlocutory Review, the Court's Order denying its Motion to Dismiss Counts I and II of the Amended Complaint. This motion remains under consideration. However, upon review of this motion, it has come to the Court's attention that there is an issue that the parties have failed to address in their briefs to date. While Plain..
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ORDER
GRAHAM C. MULLEN, District Judge.
This matter is before the Court upon its own motion. Defendant has filed a Motion to Reconsider, or, in the Alternative, Certify for Interlocutory Review, the Court's Order denying its Motion to Dismiss Counts I and II of the Amended Complaint. This motion remains under consideration. However, upon review of this motion, it has come to the Court's attention that there is an issue that the parties have failed to address in their briefs to date. While Plaintiffs allege in Paragraph 31 of the Second Amended Complaint that the Complaint was filed prior to the expiration of any applicable statutes of limitations or statutes of repose, the Court would like for the parties to specifically address the potential applicability of the statute of repose in the North Carolina real property improvement statute, N.C. Gen. Stat. § 1-50(a)(5). Since Plaintiffs bear the burden of proof, the court directs Plaintiff to file a brief within fourteen days specifically addressing the applicability or non-applicability of this statute. Defendant may thereafter have fourteen days to respond. Plaintiff may file a reply within seven days thereafter.
IT IS SO ORDERED.
Source: Leagle
