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Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 1 of 10

SUPLIRIOR COLMI OF 1 :L. DISTRICT OF COLUMBIA

CIVIL DIVISION

CURTIS J. LEWIS

Vs. (cid:9)

C.A. No.

2013 CA 004666 B

RENWAL BY ANDERSON CORPORATION

INITIAL ORDER AND ADDEND

Pursuant to D.C. Code § 11-906 and District of Columbia Superior Court Rule of Civil Procedure

("SCR Civ") 40-I, it is hereby ORDERED as follows:

(1) Effective this date, this case has assigned to the individual calendar designated below. All future filings
in this case shall bear the calendar number and the judge's name beneath the case number in the caption. On
filing any motion or paper related thereto, one copy (for the judge) must be delivered to the Clerk along with the
original.

(2) Within 60 days of the filing of the complaint, plaintiff must file proof of serving on each defendant:

copies of the Summons, the Complaint, and this Initial Order. As to any defendant for whom such proof of
service has not been filed, the Complaint will be dismissed without prejudice for want of prosecution unless the
time for serving the defendant has been extended as provided in SCR Civ 4(m).

(3) Within 20 days of service as described above, except as otherwise noted in SCR Civ 12, each defendant
must respond to the Complaint by filing an Answer or other responsive pleading. As to the defendant who has
failed to respond, a default and judgment will be entered unless the time to respond has been extended as
provided in SCR Civ 55(a).

(4) At the time and place noted below, all counsel and unrepresented parties shall appear before the
assigned judge at an Initial Scheduling and Settlement Conference to discuss the possibilities of settlement and
to establish a schedule for the completion of all proceedings, including, normally, either mediation, case
evaluation, or arbitration. Counsel shall discuss with their clients prior to the conference whether the clients are
agreeable to binding or non-binding arbitration. This order is the only notice that parties and counsel will
receive concerning this Conference.

(5) Upon advice that the date noted below is inconvenient for any party or counsel, the Quality Review
Branch (202) 879-1750 may continue the Conference once, with the consent of all parties, to either of the two
succeeding Fridays. Request must be made not less than six business days before the scheduling conference date.
No other continuance of the conference will be granted except upon motion for good cause shown.

(6) Parties are responsible for obtaining and complying with all requirements of the General Order for Civil
cases, each Judge's Supplement to the General Order and the General Mediation Order. Copies of these orders
are available in the Courtroom and on the Court's website http://wvvw.dccourts.gov/.

Chief Judge Lee F. Satterfield

Case Assigned to: Judge BRIAN F HOLEMAN
Date: July 10, 2013
Initial Conference: 9:30 am, Friday, October 11, 2013
Location: Courtroom 214

500 Indiana Avenue N.W.
WASHINGTON, DC 20001

Caio.doc

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 2 of 10

ADDENDUM TO INITIAL ORDER AFFECTING

ALL MEDICAL MALPRACTICE CASES

accordance with the Medical Malpractice Proceedings Act of 2006, D.C. Code § 16-2801,
et seq. (2007 Winter Supp.), "[a]fter an action is filed in the court against a healthcare provider
alleging medical malpractice, the court shall require the parties to enter into mediation, without
discovery or, if all parties agree{,] with only limited discovery that will not interfere with the
completion of mediation within 30 days of the Initial Scheduling and Settlement Conference
("ISSC"), prior to any further litigation in an effort to reach a settlement agreement. The early
mediation schedule shall be included in the Scheduling Order following the ISSC. Unless all
parties agree, the stay of discovery shall not be more than 30 days after the ISSC." D.C. Code § 16-
2821.

To ensure compliance with this legislation, on or before the date of the ISSC, the Court will
notify all attorneys and pro se parties of the date and time of the early mediation session and the
name of the assigned mediator. Information about the early mediation date also is available over
the intemet at https://www:dccourts.gov/pd. To facilitate this process, all counsel and pro se
parties in every medical malpractice case are required to confer, jointly complete and sign an
EARLY MEDIATION FORM, which must be filed no later than ten (10) calendar days prior to the
ISSC. Two separate Early Mediation Forms are available. Both forms may be obtained at
www.dccourts.gov/medmalmediation . One form is to be used for early mediation with a mediator
from the multi-door medical malpractice mediator roster; the second form is to be used for early
mediation with a private mediator. Both forms also are available in the Multi-Door Dispute
Resolution Office, Suite 2900, 410-E Street, N.W. Plaintiffs counsel is responsible for eFiling the
form and is required to e-mail a courtesy copy to [email protected] . Pro se Plaintiffs who
elect not to eFile may file by hand in the Multi-Door Dispute Resolution Office.

A roster of medical malpractice mediators available through the Court's Multi-Door Dispute
Resolution Division, with biographical information about each mediator, can be found at
vvww.dccourts.gov/medmalmediation/mediatorprofiles . All individuals on the roster are judges or
lawyers with at least 10 years of significant experience in medical malpractice litigation. D.C. Code
§ 16-2823(a). If the parties cannot agree on a mediator, the Court will appoint one. D.C. Code §
16-2823(b).

The following persons are required by statute to attend personally the Early Mediation
Conference: (1) all parties; (2) for parties that are not individuals, a representative with settlement
authority; (3) in cases involving an insurance company, a representative of the company with
settlement authority; and (4) attorneys representing each party with primary responsibility for the
case. D.C. Code § 16-2824.

No later than ten (10) days after the early mediation session has terminated, Plaintiff must
eFile with the Court a report prepared by the mediator, including a private mediator, regarding: (1)
attendance; (2) whether a settlement was reached; or, (3) if a settlement was not reached, any
agreements to narrow the scope of the dispute, limit discovery, facilitate future settlement, hold
another mediation session, or otherwise reduce the cost and time of trial preparation. D.C. Code §
16-2826. Any Plaintiff who is pro se may elect to file the report by hand with the Civil Clerk's
Office. The forms to be used for early mediation reports are available at
www.dccourts.gov/medmalmediation.

Chief Judge Lee F. Satterfield

Caio.doc

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Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 3 of 10

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Superior Court of the District of Columbia
#1111
Washington, D.C. 20001 Telephone: (202) 8794133

500 Indiana Avenue, N.W., Suite 5000

CIVIL DIVISION

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SUMMONS

To the above named Defendant:

You are hereby summoned , and required to serve an Answer to the attached Complaint, either
personally or through an attorney, within twenty (20) days after service of this summons upon you, exclusive
of the day of service. If you are being sued as an officer or agency of the United States Government or the
District of Columbia Government, you have sixty. (60) days after service of this summons to serve your
Answer. A copy of the Answer must be mailed to the attorney for the party plaintiff who is suing you. The
attorney's name and address appear below. If plaintiff has no attorney, a copy of the Answer must be mailed
to the plaintiff at the address stated on this Summons.

You are also required to file the original Answer with the Court in Suite 5000 at-500 Indiana Avenue,
N.W, between 8:30 a.m. and 5:00 p.m., Mondays through Fridays or between 9:00 a.m. and 12:00 noon on
Saturdays. You may file the original Answer with the Court either before you ,s0...ve—a copy-of the Answer on
the plaintiff or within five (5) days after you have served the plaintiff. If yOn,fai (cid:9)
an-Answer, judgment
by default may be entered against you for the relief demanded in thekorKplai
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IMPORTANT: IF YOU FAIL TO FILE AN .ANSWER WITHIN THE TIME STATED ABOVE, OR IF, AFTER YOU
ANSWER, YOU FAIL TO.APPEAR AT ANY TIME THE COURT NOTIFIES YOU TO DO SO, A JUDGMENT BY DEFAULT
• MAY BE ENTERED AGAINST YOU FOR THE MONEY . DAMAGES OR OTHER RELIEF DEMANDED IN THE
COMPLAINT. IF THIS OCCURS, YOUR WAGES MAY BE ATTACHED OR WITHHELD OR PERSONAL PROPERTY OR
REAL ESTATE.YOU OWN MAY BETAKEN AND SOLD TO PAY THE JUDGMENT.. IF YOU INTEND TO OPPOSE THIS.
ACTION, DO NOT FAIL TO ANSWER WITHIN THE REQUIRED TIME, .

If you wish to talk to a lawyer and feel that you cannot afford to pay a fee to a lawyer,, promptly contact one of the offices of the

Legal Aid Society (202-628-1161) or the Neighborhood Legal Services (202-682-2700) for help or come to Suite 5000 at 500 if --
Indiana Avenue, N.W., for more information concerning places where you may ask for such help.

See reverse side for Spanish translation
Vea al dorso la traduccion al espailol

FORM SUMMONS - Jan. 2011

CASUM.doc

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Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 4 of 10

TraBUNAL SUPER101: LEL DISTRITO DE COLUMBIA

DIVISION CIVIL (cid:9)

4111‘
Washington, D.C. 20001 Telef?o: (202) 879-1133

500 Indiana Avenue, N.W., Suite 5000

contra

Demandante

blamer() de Caso:

Al susodicho Demandado:

Demandado

CITATORIO

Por la presente se le cita a comparecer y se le require entregar una Contestacion a ta temanaa adjunta, sea' en
persona o por medio de un abogado, en el plazo de veinte (20) dias contados despues que usted haya recibido este
citatorio, excluyendo el dia mismo de la entrega del citatorio. Si usted esta siendo dernandado en calidad de oficial o
agente del Gobiemo de los Estados Unidos de Norteamerica o del Gobiemo del Distrito de Columbia, tiene usted
sesenta (60) dias contados despues que usted haya recibido este citatorio, para. entregar su Contestacion. Tiene que
enviarle por con-eo una copia de su ContestaciOn al abogado de la parte demandante. El nombre y direcci6n del
abogado aparecen al final de este documento. Si el demandado no tiene abogado,. tiene que enviarle al demandante una
copia de la Contestacion por correo a la direccion que aparece en este Citatorio.

A usted tambien se le require presentar la Contestacion original al Tribunal en la Oficina 5000, sito en 500
Indiana Avenue, NW,, entre las 8:30 a.m. y 5:00 p.m., de lunes a yiemes, o entre las 9:00 a.m. y las 12:00 del mediodia
los sabados. Usted puede presentar la Contestacion original' ante el Juez ya sea antes que Usted le entregue al
demandante una copia de la Contestaci6n o en el plazo de , cinco (5) dias de haberle hecho la entrega al demandante. Si
usted incumple con presentar una Contestacion, dictarse un fallo en rebeldia contra usted para que se haga
efectivo el desagravio que se busca en la demandi'.

SECRETARIO DEL TRIBUNAL

Nombre del abogado del Demandante

Direcci6n

Telefono
Ann 4,14}TEPA (202) 879-4828 (cid:9)

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Subsecretario

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IMPORTANTE: SI USTED INCUMPLE CON PRESENTAR. UNA CONTESTACION EN EL PLAZO ANTES
MENCIONADO, 0, SI LUEGO DE CONTESTAR, USTED NO COMPARECE CUANDO LE AVISE EL JUZGADO, PODRIA
DICTARSE UN FALLO EN REBELDIA CONTRA USTED PARA QUE SE LE COBRE LOS DAROS Y PERJUICIOS U OTRO
DESAGRAVIO QUE SE BUSQUE EN LA DEMANDA. SI ESTO OCURRE, PODRIAN RETENERLE SUS TNGRESOS, 0
PODRIAN TOMAR SUS BIENES PERSONALES 0 RAICES Y VENDERLOS PARA PAGAR EL FALLO. SI USTED
PRETENDE OPONERSE A ESTA ACCION, NO DEJE DE CONTES TAR LA DEMANDA DENTRO DEL PLAZO ENGIDO. .

Si desea converser con un abogado y le parece que no puede afrontar el costo de uno, llame pronto a una de nuestras oficinas del
Legal Aid Society (202-628-1161) o el Neighborhood Legal Services (202-682-2700) para pedir ayuda o venga a la Oficina 5000
del 500 Indiana Avenue, N.W., para infonnarse de otos lugares donde puede pedir ayuda al respecto.

Vea al dorso el original en ingles

See reverse side for English original

CASUM.doc

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 5 of 10

DIKRICT OF COL

CII

IA SUI 2.)111 0 R COURT

SION

CURTIS J. LEWIS
LESLIE LEWIS
1625 Kalmia Road
Washington, DC 20012

PLAINTIFFS,

VS.

RENWAL BY ANDERSEN CORPORATION
("Renewal by Andersen" Window Replacement
an Andersen Company)

551 North Maine Street
Bayport, MN 55003

DEFENDANT.

Serve: Registered Agent

The Corporation Trust Incorporated
351 West Camden Street
Baltimore, MD 21201

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COMPLAINT

NOW COMES Plaintiffs Curtis J. Lewis and Leslie Lewis, by way of counsel,

Roberta Y. Wright, and pursuant to the following complaint, bring their claims for breach

of contract, breach of warranty, negligent installation and construction of replacement

windows, concealment of conditions related to re-installation of replacement windows,

violation of the industry standard of care related to window installation, fraudulent

misrepresentation as to adequacy of necessary repairs, all of which has resulted in

pecuniary loss, loss of use of property, wage loss, and emotional damages identified

hereinafter.

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 6 of 10

SDICTION

1. This Court has jurisdiction over this action pursuant to D.C. Code ANN. ST . 11-921.

Additionally, the events and claims giving rise to this action all took place within the

District of Columbia, lex loci.

PARTIES

2. The Plaintiffs, Curtis J. Lewis and Leslie Lewis (hereinafter "Plaintiffs") are married

adults who live and reside in the District of Columbia at 1625 Kalmia Road, NW,

Washington, DC, 20012.

3. The Defendant Renewal By Andersen Corporation (hereinafter "Defendant") is a

foreign business operating in the District of Columbia.

BACKGROUND AND FACTUAL BASED ALLEGATIONS

GIVING RISE TO PLAINTIFF'S CLAIMS

4. On April 22, 2008, Defendant Renewal By Andersen Corporation negligently

constructed and installed sliding glass doors and windows in Plaintiff's home in manner

concealing resulting water damage at 1625 Kalmia Road, Washington, DC.

5. The concealed installation defects were discovered by Plaintiff around July 20, 2010

and reported in September 2010.

6. On or about September 2010, Defendant's representative inspected Plaintiffs'

residence and caused its workmen to return around two days later in order to make

repairs.

7. Defendant made repairs to the windows and doors that had it earlier installed in order

to correct the water intrusion. After the repairs had been completed, the Defendant stated

that they had repaired the source of water intrusion.

2

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 7 of 10

8. Plaintiffs relied on this representation and proceeded to correct or repair damage due

to this water intrusion.

9. In early December 2011, Plaintiffs discovered water poring through its ceiling and

notified Defendant.

10. On December 19, 2011, Defendant's representative again inspected the windows and

doors and scheduled an appointment on January 25, 2012 to reinstall the windows and

doors.

11. On January 25, 2012 Defendant's representative removed and reinstalled doors of

Plaintiffs' bedroom.

12. Defendant's representatives located rotted floor joists around the center of the doors

and proceed to cut off rotted joists and inserted 6 to 10 inch portions of the approximately

24 feet long joists thereby compromising the integrity of the second floor of the home.

13. However, during this re-installation in January 2012, the Defendant again installed

the door below the deck floor in such a way as to conceal this construction defect and

their negligent reinstallation.

14. On April 13, 2012, Defendant's representatives and homeowner representatives

again returned and inspected damages to the premises. For the purpose of inspection,

Defendants cut and removed portions of the floor.

15. On or around June 2012, Plaintiffs discovered additional water stains and leaking

water through the electrical fixtures on the floor below.

16. In July 2012 Plaintiff employed the services of East Coast Stone Masons (ECSM) to

determine the source of the leak and remove the exterior tile floor to determine the source

of the water intrusion. It was determined that the door was installed and reinstalled

3

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 8 of 10

below the surface of the exterior tile surface.

17. ECSM additionally determined that the water was accumulated on the plywood

surface below the door.

18. ECSM removed the brick from the wall fascia of the structure for the purpose of

lowering the surface of the exterior floor in order to properly install the exterior surface

under the previously installed and reinstalled door in accordance with trade standards.

19. Plaintiff Lewis Curtis is a practicing attorney who provides various Human

Resources and EEO services to federal agencies.

20. At all relevant times, Plaintiff provided legal services to clients and managed long-

term contracts for federal agencies.

21. Plaintiff was required to take time from work to attend contractor repairs as well as

emergencies resulting from Defendant's negligent installation, reinstallations, repairs and

misrepresentations.

22. As a result thereof, Plaintiff suffered significant loss of income, diminished property

value, and costs of current repairs.

COUNT I

BREACH OF CONTRACT/BREACH OF WARANTY CLAIM

23. Defendant breached their oral and written warranty of proper installation of the

windows and doors as set forth in the contract between the parties.

24. As a result of Defendant's misrepresentation and continuing negligence, Plaintiffs

have suffered lost wages and significant property damage.

COUNT II

NEGLIGENCE CLAIM

4

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 9 of 10

25. Defendant was negligent in that it and its agents failed to adhere to the standard of

care by which such installation and repairs be done.

26. Specifically, the Defendant installed the windows and doors below the deck threshold

flooring in such a way that concealed the fact that water was entering the subject

premises from the center of the sliding glass doors and permeating the sub-flooring and

joists below the deck flooring, causing rot to said sub floor and joists and damage to the

ceiling and art fighting fixtures in the great room, located on the first floor, below the

deck.

27. As a result of Defendant's negligence, Plaintiffs have suffered financial damage due

to loss of use and enjoyment as well as cost of repetitive repair.

COUNT Ill

FRAUD CLAIM

28. Defendant's representation that it had repaired the water intrusion and properly re-

installed the windows and doors in September 2010 was false.

29. Said false representation is material to Plaintiffs' complaint herein.

30. Plaintiffs assert that Defendant knew that the representation the water intrusion had

been contained and the doors and windows, properly re-installed were false.

31. Plaintiffs are informed and believe that Defendant intended them to rely on this

misrepresentation and Plaintiffs affirmatively state that they did rely on Defendant's

misrepresentation as to the adequacy of repair.

32. As a result of Plaintiff's reliance on Defendant's misrepresentation, they resumed use

of their home by installing a new ceiling over the ceiling that had been warped by the

water intrusion and by installing special lighting in the ceiling to display their extensive

5

Case 1:13-cv-01168 Document 1-1 Filed 07/30/13 Page 10 of 10

art collection.

. •

COUNT IV

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIM

33. Because of the intentional misrepresentation, Plaintiffs have suffered and lost wages,

all to be set forth at a trial of the matter herein.

PRAYER FOR RELIEF

WHEREFORE as a direct result of the Plaintiff respectfully asks this Honorable

Court to:

(1) Award Plaintiff compensatory damages in the amount of $165,586.00.

(2) Award Plaintiff emotional distress damages in the amount of $196,658.00.

(3) Award Plaintiff [his] reasonable attorney fees, and or other costs associated with

litigating this case; and

(4) Grant such other relief that the Court may deem appropriate.

JURY DEMAND

Pursuant to Rule 38(b) of the Superior Court Civil Rules, Plaintiffs hereby

demand a trial by jury as to all claims triabl1.f right to a jury.

July 10, 2013

ectfully •

-tted,

OBERTA WRIGHT,

D.C. Bar 202044
1735 Tamarack Street N.W.
Washington, D.C.
301/526-0474
rywrightlawAgmail.corn

Counsel for the Plaintiffs

6