Salinas et al v. Commercial Interiors, Inc. et al

Filing 21

ORDER granting 15 Motion of Commercial Interiors, Inc. to Dismiss. Signed by Judge J. Frederick Motz on 11/14/12. (jnls, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

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

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

November 14, 2012

MEMO TO COUNSEL RE: Mario Salinas, et al. v. Commercial Interiors, et al.
Civil No. JFM-12-1973
Dear Counsel:
I have reviewed the memoranda submitted in connection with the motion to dismiss
plaintiffs’ complaint filed by Commercial Interiors, Inc. (document 15). The motion is granted
but plaintiffs are given leave to file an amended complaint setting forth more particularly the
grounds for their averments that Commercial Interiors controlled and directed their work and that
it had the authority to hire and fire plaintiffs. I believe that further particularity concerning these
allegations is required by Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), particularly in
light of the fact that plaintiffs’ claims arise in the context of construction projects where
traditionally it has been understood that employees of subcontractors are not, ipso facto,
employees of the general contractor.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.

Very truly yours,
/s/

J. Frederick Motz
United States District Judge