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Hildebrand v. MI Windows & Doors, Inc.

Citations: 908 F. Supp. 2d 720; 2012 WL 5430137; 2012 U.S. Dist. LEXIS 159326Docket: MDL No. 2333; Nos. 2:12-mn-00001, 2:12-cv-01261-DCN

Court: District Court, D. South Carolina; November 6, 2012; Federal District Court

Narrative Opinion Summary

The court presided over by District Judge David C. Norton granted MI Windows and Doors, Inc.'s motion to dismiss a class action complaint filed by the plaintiff without prejudice. The complaint included claims under New York General Business Law, negligence, breaches of implied warranties, fraudulent misrepresentation, unjust enrichment, and sought declaratory relief. The plaintiff alleged defects in MIWD's windows causing water damage. The motion to dismiss was filed under Federal Rule of Civil Procedure 12(b)(6), emphasizing the need for factual plausibility under Twombly and Iqbal. The court struck the plaintiff’s amended complaint for being improperly filed without required consent or court approval under Rule 15(a). During a hearing, the plaintiff's counsel conceded certain claims should be dismissed. The court dismissed the deceptive trade practices claim for lack of causation, the negligence claim for failure to specify damage to other property under the economic loss doctrine, and the unjust enrichment claim due to lack of a direct relationship. The request for declaratory relief was deemed premature, and the court denied striking the equitable tolling request. The dismissal was without prejudice, allowing the plaintiff to re-file within 20 days, failing which the case would be closed.

Legal Issues Addressed

Declaratory Relief Appropriateness

Application: The request for declaratory relief was dismissed as premature since the underlying substantive claims were unresolved.

Reasoning: Hildebrand seeks a declaration of defectiveness of MIWD’s windows and challenges certain warranty provisions as unconscionable, but the court agrees this request is premature as the underlying claims remain unresolved.

Economic Loss Doctrine in New York

Application: The negligence claim was dismissed as the plaintiff failed to specify damage to other property, which is necessary to surpass the economic loss doctrine.

Reasoning: Hildebrand claims that MIWD’s defective windows damaged other property in his home, but he fails to specify what this property is, making it impossible for the court to assess whether his losses fall under the economic loss doctrine.

Equitable Tolling of Statute of Limitations

Application: The court denied the motion to strike the request for equitable tolling of the statute of limitations, as it considered it premature with all counts dismissed without prejudice.

Reasoning: Additionally, MIWD seeks to strike Hildebrand’s request for equitable tolling of the statute of limitations, which is only granted under rare circumstances in New York law.

Federal Rule of Civil Procedure 12(b)(6) - Motion to Dismiss for Failure to State a Claim

Application: The court evaluated MIWD's motion to dismiss and found that the plaintiff's original complaint failed to state a plausible claim for relief under the standards set by Twombly and Iqbal.

Reasoning: The court's role is to determine if the complaint presents a plausible claim for relief, requiring sufficient factual allegations beyond mere legal conclusions, as highlighted in Bell Atlantic Corp. v. Twombly and Iqbal.

Federal Rule of Civil Procedure 15(a) - Amending Pleadings

Application: The plaintiff's attempt to amend the complaint was invalid as it was filed without consent or court approval, thus it was struck from the record.

Reasoning: Hildebrand subsequently submitted an amended complaint on July 20, 2012, without court permission or MIWD's consent.

New York General Business Law Sections 349-350 - Deceptive Trade Practices

Application: The court dismissed the claim under GBL sections 349-350 due to insufficient factual allegations to demonstrate causation between MIWD's actions and the plaintiff’s injuries.

Reasoning: However, the complaint lacks specific allegations connecting MIWD’s actions or advertisements to Hildebrand’s injuries, notably the absence of evidence showing Hildebrand encountered any misleading advertisement.

Unjust Enrichment under New York Law

Application: The unjust enrichment claim was dismissed due to the lack of a direct relationship between the plaintiff and MIWD, and inadequate allegations of enrichment at the plaintiff's expense.

Reasoning: Consequently, Hildebrand has not adequately alleged that MIWD was unjustly enriched at his expense, leading to the dismissal of Count VII without prejudice.