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Mariano v. Gharai

United States District Court, D. Columbia.

November 21, 2013

JOSEPH MARIANO, et al., Plaintiffs,
v.
SASSAN GHARAI, et al., Defendants. SGA HOLDINGS, INC., Third-Party Plaintiff,
v.
LANE BUILDING SERVICES, LLC, Third-Party Defendant,

Page 168

For JOSEPH MARIANO, ANNA BIEDZINSKA-MARIANO, Plaintiffs: Donald M. Temple, LEAD ATTORNEY, DONALD M. TEMPLE, P.C., Washington, DC; Reginald J. Richter, LEAD ATTORNEY, THE RICHTER LAW GROUP, Washington, DC.

For SASSAN GHARAI, Defendant, Cross Claimant, Cross Defendant: Arthur Thomas Kelley Norris, Terrence M. McShane, LEAD ATTORNEYS, LEE & MCSHANE, PC, Washington, DC.

For SGA HOLDINGS, LLC, Defendant, ThirdParty Plaintiff: Allan Ames Noble, LEAD ATTORNEY, G. Calvin Awkward, III, PRO HAC VICE, BUDOW & NOBLE, P.C., Bethesda, MD.

For SGA ARCHITECTS, Defendant, Cross Claimant, Cross Defendant: Arthur Thomas Kelley Norris, Terrence M. McShane, LEAD ATTORNEYS, LEE & MCSHANE, PC, Washington, DC; Michael S. Steadman, Jr., LEAD ATTORNEY, COUNCIL, BARADEL, KOSMERL & NOLAN, P.A., Annapolis, MD.

For LANE BUILDING SERVICES, LLC, Defendant, Third Party Defendant, Cross Defendant, Cross Claimant: David L. Rubino, LEAD ATTORNEY, MCCARTHY WILSON, Rockville, MD.

For SGA COMPANIES, INC., Cross Defendant: Terrence M. McShane, LEAD ATTORNEY, LEE & MCSHANE, PC, Washington, DC.

For SGA HOLDINGS, LLC, Cross Defendant: Allan Ames Noble, LEAD ATTORNEY, G. Calvin Awkward, III, BUDOW & NOBLE, P.C., Bethesda, MD.

OPINION

COLLEEN KOLLAR-KOTELLY, United States District Judge.

Page 169

MEMORANDUM OPINION

Plaintiffs, Joseph Mariano and Anna Biedsinska-Mariano filed suit in District of Columbia Superior Court against Defendants 1367 Florida Avenue, LLC, SGA Holdings, Inc., Sassan Gharai, and SGA Architects, Inc. After Defendants removed the case to this Court, Defendant SGA Holdings, Inc., subsequently filed a Third-Party Complaint against Lane Building Services, LLC. Presently before the Court is Third-Party Defendant Lane Building Services, LLC's [23] Motion to Dismiss and/or Compel Arbitration. Upon consideration of the parties' submissions,[1] the applicable authorities, and the record as a whole, the Court shall DENY WITHOUT PREJUDICE Third-Party Defendant's [23] Motion to Dismiss and/or Compel Arbitration.

I. BACKGROUND

This suit arises out of alleged damage to Plaintiffs' home and collapse of their backyard into the yard of the neighboring property, which was being excavated as part of a construction project to build a condominium building. See Third-Party Def.'s Mot. to Dismiss at 2; Third-Party Pl.'s Opp'n at 2. Plaintiffs initially filed suit in District of Columbia Superior Court against four Defendants: (1) 1367 Florida Avenue, LLC -- the alleged owner of the neighboring property; (2) SGA Holdings, Inc. -- the company allegedly responsible for the construction activity; (3) SGA ...


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