Raniszewski et al v. Davidson

Filing 21

ORDER re 15 MOTION for Judgment on the Pleadings, ( Supplemental Brief due by 8/1/2011). Signed by Senior Judge Graham Mullen on 7/21/11. (gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
NO. 3:11-CV-00059
CATHY RANISZEWSKI, as personal
representative of the Estate of Joseph M.
Marett, Jr. and SAV/WAY FOODS, INC.,

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PLAINTIFF,
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v.
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WILLIAM B. DAVIDSON,
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DEFENDANT.
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____________________________________)

ORDER

THIS MATTER is before the Court on its own motion. Plaintiff and Defendant have
fulled briefed the Defendant’s Motion for Judgment on the Pleadings [D.I. 15]. In all of the
briefs, the parties cite to North Carolina case law. However, the Stock Purchase Agreement,
which appears to be at the center of the present dispute, contains an explicit choice of law clause
which provides that “[t]he validity and construction of this Agreement shall be governed by the
substantive laws of the State of South Carolina.” D.I. 10, Ex. 12, Stock Purchase Agreement, at
5.
The parties are therefore directed to file a supplemental brief addressing whether South
Carolina law should apply, and what effect, if any, South Carolina law has on this dispute. The
responses should be filed by 5:00 p.m., Monday, August 1, 2011.
IT IS SO ORDERED.

Signed: July 21, 2011