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IN RE MI WINDOWS AND DOORS, INC. PRODS. LIABILITY

MDL No. 2333. Nos. 2:12-mn-00001-DCN, 2:12-cv-02860-DCN.

914 F.Supp.2d 744 (2012)

In re: MI WINDOWS AND DOORS, INC. PRODUCTS LIABILITY LITIGATION. Jennifer and Scott McGaffin, Plaintiffs, v. MI Windows and Doors, Inc., Defendant.

United States District Court, D. South Carolina, Charleston Division.

December 27, 2012.

Attorney(s) appearing for the Case

Carol C. Lumpkin, K&L Gates, Miami, FL Richard Ashby Farrier, Jr., K&L Gates, Charleston, SC, for Defendant.

Catherine H McElveen, H. Blair Hahnn, Richardson Patrick Westbrook and Brickman, Justin O'Toole Lucey, Justin O'Toole Lucey Law Firm, Montana Pleasant, SC, Daniel K. Bryson, Whitfield Bryson & Mason LLP, Raleigh, NC, for Plaintiffs.

ORDER

DAVID C. NORTON, District Judge.

This matter comes before the court on defendant MI Windows and Doors, Inc.'s (MIWD) motion to dismiss the complaint filed by Jennifer and Scott McGaffin (the McGaffins) and to strike the McGaffins' request to estop MIWD from relying on a statute of limitations defense. The court grants in part and denies in part the motion to dismiss and motion to strike.

I. BACKGROUND

The McGaffins filed a...

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