Constructure Management, Inc. v. Majmudar et al

Filing 41

ORDER denying 32 Motion to Compel. Signed by Judge J. Frederick Motz on 1/17/2017. (kw2s, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
101 WEST LOMBARD STREET
BALTIMORE. MARYLAND 21201
[phone]
[phone] FAX

CHAMBERS OF
J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

January 17,2017
MEMO TO COUNSEL RE: Constructure Management, Inc. v. Mukesh Majmudar, et al.
Civil No. JFM-16-2309
Dear Counsel:
I have reviewed the memoranda submitted in connection with the motion to compel
arbitration and stay case filed by Mukesh Majmudar, Hopkins Hospitality Investors, LLC, and
Hopkins Investors, LLC. The motion (document 32) is denied. Under the MUAA, which is
applicable to the contract in this case, the decision as to whether a controversy is arbitrable is to
be made by the court, not the arbitrator. See FWureCare NorthPoint, LLC v. Peeler, 229 Md.
App. 108, 143 A.2d 191 (2010); MontgomelY Cn/y., Maryland v. Fraternal Order of Police,
Montgomery Cnty. Lodge 35, Inc., 427 Md. 561, 570 (2012). I previously held that the dispute
between Contructure Management and the signatory to the contract, Star Development Group,
was arbitrable. It follows afortiori that the dispute between Majmudar, Hopkins Hospitality
Investors, LLC, and Hopkins Investors, LLC, is not arbitrable.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.

Very truly yours,

J. Frederick Motz
United States District Judge

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