Faddis Concrete, Inc. v. Brawner Builders, Inc.

Filing 39

ORDER Denying 28 Motion to Dismiss for Lack of Ripeness. Signed by Judge J. Frederick Motz on 6/16/2016. (bas, Deputy Clerk) .

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF
1. FREDERICK Morz
UNITED STATES DISTRICT JUDGE

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] FAX

June 16,2016
MEMO TO COUNSEL RE: Faddis Concrete, Inc. v. Brawner Builders, Inc.
Civil No. ELH-15-3975
Dear Counsel:
I have reviewed the memoranda submitted in connection with Brawner Builders, Inc.'s
motion to dismiss for lack of ripeness.
The motion is denied. The claims set forth in plaintiffs complaint are "ripe," particularly
in light of the fact that plaintiff alleges that Brawner Builders owes it money for payment of the
contract balance and trucking charges on the parties' contract. This is not to say that plaintiff s
effort to hold Brawner Builders liable for SHA's alleged conduct will be successful. That is a
matter that can be raised by a motion for summary judgment filed by Brawner Builders in
accordance with the schedule instituted by this court.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,

J.L~:'L-

United States District Judge

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