v. MI Windows and Doors

Filing 42

ORDER re 32 MOTION - Plaintiff to file a brief within 14 days. Signed by Senior Judge Graham Mullen on 2/17/12. (com)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10CV427
JOSEPH DEBLAKER and JERRY
CHRISTOPHER and KRISTIE E.
THORNE, individually and on behalf of
themselves and all others similarly
situated,

)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
MI WINDOWS AND DOORS, INC.,
)
)
Defendant.
)
____________________________________)

ORDER

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.
Signed: February 17, 2012