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)

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND 101 WEST LOMBARD STREET BALTIMORE. MARYLAND 21201 (410) 962-0782 (410) 962-2698 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 J..lnd30 AS 3HOHlll'J8 1'! 38!.:I.:I0 S.}IH318 L ~ :" WV LI NVr U OZ GNljlA~N~i :10 DHHSIO HmOJ lJIH1SIO 'S"n 03ll.:l

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