Roth Grading, Inc. v. Martin Brothers Construction

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROTH GRADING, INC., No. 2:20-cv-00336-KJM-CKD 12 Plaintiff, 13 v. ORDER 14 MARTIN BROTHERS

CONSTRUCTION,

15 Defendant. 16

17 18 This is a commercial contract dispute. Roth Grading, Inc. (Roth) sued Martin 19 Brothers Construction (Martin) after Martin backed out of a deal to buy construction equipment. 20 Martin moves for judgment on the pleadings, arguing there was either no contract or Roth filed 21 this lawsuit after the limitations period had run. Mot. for J. on the Pleadings, ECF No. 30, at 1. 22 The court heard oral argument by videoconference on August 4, 2020. Hr’g 23 Minutes, ECF No. 40. Aaron Smeall and I. Hooshie Broomand appeared for plaintiff; James 24 Kirby, II and Lanny Winberry appeared for defendants. Id. As explained further below, the 25 motion is granted: there was a contract, but Roth sued too late. 26 I. FACTS AND PROCEDURAL HISTORY 27 Roth sells impactors, which use a large, rotating drum to break concrete, compact 28 …