Curry v. Schletter Inc., 1:17 cv 1. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180201d83
Visitors: 7
Filed: Jan. 31, 2018
Latest Update: Jan. 31, 2018
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . This matter is before the Court sua sponte. In Plaintiffs' Amended Complaint [# 23], Plaintiffs' first cause of action is based on negligence. In Defendant's Motion to Dismiss [# 24], Defendant states that North Carolina's economic loss rule bars Plaintiffs from recovery. Plaintiffs' response [# 26] and Defendant's reply [# 27] addressed only the issue of the economic loss rule's applicability. The parties did not, however, brief the issue of whe
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . This matter is before the Court sua sponte. In Plaintiffs' Amended Complaint [# 23], Plaintiffs' first cause of action is based on negligence. In Defendant's Motion to Dismiss [# 24], Defendant states that North Carolina's economic loss rule bars Plaintiffs from recovery. Plaintiffs' response [# 26] and Defendant's reply [# 27] addressed only the issue of the economic loss rule's applicability. The parties did not, however, brief the issue of whet..
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ORDER
DENNIS L. HOWELL, Magistrate Judge.
This matter is before the Court sua sponte. In Plaintiffs' Amended Complaint [# 23], Plaintiffs' first cause of action is based on negligence. In Defendant's Motion to Dismiss [# 24], Defendant states that North Carolina's economic loss rule bars Plaintiffs from recovery. Plaintiffs' response [# 26] and Defendant's reply [# 27] addressed only the issue of the economic loss rule's applicability.
The parties did not, however, brief the issue of whether Plaintiffs' negligence claim itself withstands Fed. R. Civ. P. 12(b)(6). The Court requests such briefing in making its memorandum and recommendation to the District Court. The Court in particular asks the parties to brief the element of duty.
Therefore, the Court DIRECTS the parties to brief the issue of whether Plaintiffs' negligence claim survives Fed. R. Civ. P. 12(b)(6). Briefs shall be no longer than ten (10) pages. Defendant's brief is due on or by February 12, `. Plaintiffs' reply shall be due one (1) week from when Defendant files its brief.
Source: Leagle
