A. Perry Designs & Builds, P.C. v. J. Paul Builders, LLC, et al.; Levin/Brown Associates, Inc. v. CTLC, LLC, et al.

Summary

The United States District Court for the District of Maryland denied Michael and Sandra Grier's motions to dismiss Levin/Brown Associates, Inc.'s third-party claims in litigation arising from the design and construction of a home. The court held that good cause excused any delay in service, service by placing the summonses and complaint on Sandra Grier's vehicle was adequate, and the third-party complaint sufficiently pleaded fraudulent inducement. The order also waived certain Local Rule 103.7(b) service requirements, lifted the stay, authorized discovery to commence, and included a proposed scheduling order.

Holdings

1. Dismissal was not warranted because Levin/Brown showed good cause for the delay in service, considering the case stay, the fact that discovery had not begun, and the Federal Rules' directive to secure the just, speedy, and inexpensive determination of actions.
2. Service was adequate under Rule 4(e)(2)(B) when the process server placed the summonses and third-party complaint directly on the vehicle being operated by Sandra Grier in front of her home.
3. Service of the summons and third-party complaint effectuated service of process; Local Rule 103.7(b) did not modify the requirements of Federal Rule of Civil Procedure 4. The local rule required service only of documents not available on CM/ECF in this case.
4. Levin/Brown adequately stated a fraudulent-inducement claim against Michael Grier because the third-party complaint alleged the false representation, knowledge or authorization, intent to induce reliance, actual reliance, and resulting injury with sufficient factual specificity.

Questions Presented

1. Whether Levin/Brown's third-party complaint and summonses were subject to dismissal because service was not completed within the time prescribed by Federal Rule of Civil Procedure 4(m).
2. Whether placing the summonses and third-party complaint on the hood of Sandra Grier's vehicle at the Griers' residence constituted service under Federal Rule of Civil Procedure 4(e)(2)(B).
3. Whether service was defective because the package did not include other documents previously filed or served in the action.
4. Whether Levin/Brown adequately pleaded fraudulent inducement against Michael Grier under Federal Rules of Civil Procedure 8 and 9(b).

Disposition

other