RESTRAINING ORDER BENSON E. LEGG, District Judge. This matter is before the Court on the ex parte motion of the United States for a restraining order issued pursuant to 21 U.S.C. 853(e)(1)(A) and (4). On November 8, 2011, the grand jury returned a criminal indictment charging the defendants with bank fraud and conspiracy to commit bank fraud in violation of 18 U.S.C. 1344 and 1349, respectively. The forfeiture count in the indictment also alleges that the proceeds of those offenses,...
MEMORANDUM and ORDER JAMES K. BREDAR, District Judge. Mark W. McInnes ("Plaintiff") brought this suit against Lord Baltimore Employee Retirement Income Account Plan and Lord Baltimore Capital Corporation ("Defendants"), asserting causes of action under the Employee Retirement Income Security Act, 29 U.S.C. 1001 et seq. ("ERISA") and the Declaratory Judgment Act, 28 U.S.C. 2201. (Compl. ECF No. 1). Defendants now move to dismiss the complaint or, in the alternative, to strike certain of...
MEMORANDUM AND ORDER PAUL W. GRIMM, United States Magistrate Judge. This Memorandum and Order addresses the Motion for Summary Judgment, ECF No. 19, filed by Defendant GEEK Squad Subsidiary Best Buy Stores, L.P. ("Geek Squad"); Plaintiffs Charles Casey and Jeanette Casey's Response to Defendant's Motion for Summary Judgment ("Pls.' S.J. Resp."), ECF No. 21; and Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment ("Def.'s S.J. Reply"), ECF No. 24. 1 It...
MEMORANDUM AND ORDER JAMES K. BREDAR, District Judge. Defendant Lamondes Williams has filed a motion to dismiss the superseding indictment against him because it allegedly fails to include an overt act and, he argues, it is necessary for the Government to plead an overt act in an indictment under the mail or wire fraud statute, 18 U.S.C. 1349. (ECF No. 64.) The Court has considered Williams's submission as well as the response of the Government (ECF No. 72) and concludes no hearing is...
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Headley Rose, Bryan Harrison, Thomas Zwirecki, Ryan George, John Hamilton, Sean Stuart, Carmen Aumendo, and Chad Schneider (collectively "the plaintiffs") sued New Day Financial, LLC ("New Day"), Robert Posner, and LeeAnn Rodriguez (collectively "the defendants") for violations of the Fair Labor Standards Act ("FLSA") and Maryland law. For the following reasons, the defendants' motion to dismiss and compel arbitration will be...
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Kallaad W. Cepada sued the Board of Education of Baltimore County (the "Board") for race, sex, and age discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 1 1981 of the Civil Rights Act of 1866 (" 1981"), 2 and the Age Discrimination in Employment Act of 1967 ("ADEA"). 3 For the following reasons, the Board's motion to dismiss will be granted in part and denied in part. I....
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Charlene Baker 1 and William and Leslie Flanigan (the "plaintiffs") sued Antwerpen Motorcars Ltd. and related entities (the "Antwerpen Automotive Group") 2 for various state and federal claims based on the failure to disclose that cars sold to them had been used as short-term rentals. For the following reasons, the Antwerpen Automotive Group's motion to compel arbitration will be denied. I. Background On February 3, 2007, Doris...
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. Pending before this Court are Plaintiff James S. Stephens' Motion to Remand (ECF No. 21), and a Motion to Stay (ECF No. 10) filed by Defendants DePuy Orthopaedics, Inc. and Johnson & Johnson, Inc. Stephens filed suit against Defendants Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. ("Kaiser"), Mid-Atlantic Permanente Medical Group, P.C. ("Mid-Atlantic"), Johnson & Johnson, Inc. ("Johnson & Johnson"), DePuy Orthopaedics,...
MEMORANDUM CATHERINE C. BLAKE, District Judge. Beatrice Grinage ("Grinage" or "plaintiff") brought this action against Mylan Pharmaceuticals, Inc. and its parent company Mylan, Inc. (collectively, "Mylan" or "defendants") after her husband ingested Allopurinol, a Mylan-manufactured drug, and then developed a skin disease that led to his death. Acting as her husband's personal representative, Grinage alleges Mylan is liable for both compensatory and punitive damages under state law...
OPINION OF THE THREE-JUDGE COURT NIEMEYER, Circuit Judge: After the 2010 decennial census, Maryland enacted a new redistricting plan in October 2011 for its eight congressional districts. The plaintiffs, nine African-American residents of Maryland, commenced this action against election officials of Maryland ("Maryland" or "the State"), contending that the redistricting plan violates their rights under Article I, 2, of the U.S. Constitution; the Fourteenth and Fifteenth Amendments of the U....
MEMORANDUM OPINION ROGER W. TITUS, District Judge. This case is again before the Court because the Plaintiff, Reaching Hearts International, Inc. ("RHI"), after more than eight years of trying, still has been unable to obtain a fairly routine water and sewer service category change for its property located in Prince George's County that will permit it to build its new church structures. The latest installment in this struggle occurred on September 13, 2011, when the County Council for Prince...
MEMORANDUM OPINION ROGER W. TITUS, District Judge. The Indictment in this case alleges that the Defendant, William Lawrence Cassidy, violated a federal stalking statute, 18 U.S.C. 2261A(2)(A), when, with the intent to harass and cause substantial emotional distress to a person in another state, he used an interactive computer service to engage in a course of conduct that caused substantial emotional distress to a person whose initials are A.Z by posting messages on www.Twitter.com and...
Memorandum Opinion ALEXANDER WILLIAMS, JR., District Judge. Presently pending in this case is Defendant Prestige Financial Services, Inc. ("Prestige")'s Motion to Stay Proceedings and to Compel Arbitration. Doc. No. 21. The Court has reviewed the record, as well as the pleadings and exhibits, and finds that no hearing is necessary. See Local Rule 105.6 (D.Md.2010). For the reasons described below, the Court will grant Defendant's motion. I. FACTUAL & PROCEDURAL BACKGROUND The following...
MEMORANDUM OPINION PETER J. MESSITTE, District Judge. Barry R. Gainsburg has sued his former employer, Steben & Co., Inc. ("SCI"), and its President, Kenneth Steben, claiming abusive discharge, unpaid wages, fraud in the inducement, breach of contract, and defamation. Gainsburg filed his initial Complaint on March 23, 2010, and a First Amended Complaint on May 13, 2010 (collectively, the "Prior Complaints"). On July 22, 2010, following a hearing, the Court issued an oral opinion granting...
MEMORANDUM ELLEN LIPTON HOLLANDER, District Judge. On July 12, 2011, the United States filed a "Verified Complaint For Forfeiture" as to $12,914.00 in U.S. Currency ("Complaint," ECF 1). The action is a civil, in rem proceeding to forfeit money seized pursuant to a property search; the funds are allegedly connected to violations of the Controlled Substance Act, 21 U.S.C. 841, and are subject to forfeiture under 21 U.S.C. 881(a)(6). On August 3, 2011, Jackie Weatherley, claimant, filed a "...
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. The Securities and Exchange Commission ("SEC") sued Nathan Chapman, Chapman Capital Management ("CCM"), 1 and others for securities fraud and related claims. For the following reasons, the SEC's motion for partial summary judgment against Chapman will be granted. Its motion for partial summary judgment against CCM will be denied, but default judgment will be entered on all claims asserted against it. I. Background 2 Before 1999,...
MEMORANDUM JAMES K. BREDAR, District Judge. Robert Windsor, Jr. and Tyler Windsor (a minor child, by and through his parents and next friends, Robert and Diana Windsor) ("Plaintiffs") brought this suit against Spinner Industry Co. Ltd., Raleigh America, Inc., Dick's Sporting Goods, Inc., J & B Importers, Inc., and Joy Industrial Co., Ltd. ("Defendants") for alleged breach of contract, negligence, products liability, and breach of warranty. (ECF No. 1). Defendants Dick's, J & B, and Raleigh...
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This is an "unsolicited fax" action brought pursuant to the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. 227, and the Maryland Telephone Consumer Protection Act ("Maryland TCPA"), Md. Code Ann. Com. Law 14-3201, et seq., by a group of five Plaintiffs: (1) Martin Pasco; (2) Baltimore Podiatry Group, Drs. Scheffler & Sheitel, P.A.; (3) Givens Collission Repair Center, Inc.; (4) Intelligent Devices, Inc.; and (5) Powers &...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court is Defendants' Motion for Reconsideration of the Court's March 31, 2011 Opinion and Order, 2011 WL 1258524 ("Motion for Reconsideration"). The parties have fully briefed the issues and the Court deems no hearing necessary. For the reasons stated herein, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion for Reconsideration. I. FACTUAL AND PROCEDURAL BACKGROUND Except where otherwise...
MEMORANDUM BENSON EVERETT LEGG, District Judge. Plaintiff Juliana McCullough brings this tort action against her former employer, Liberty Heights Health & Rehabilitation Center, and its operator, Liberty Leasing Co. LLC (collectively "Liberty Heights") Now pending before the Court is Libery Heights's Motion for Summary Judgment. Docket No. 31. The issues have been comprehensively briefed, and no hearing is deemed necessary. See Local Rule 105.6 (D. Md. 2011). For the reasons stated herein,...
