MEMORANDUM JAMES K. BREDAR, District Judge. I. Background Plaintiff Selective Way Insurance Company ("Selective") has sued Defendant National Fire Insurance Company of Hartford ("National Fire") after National Fire denied Selective's insurance claim under a builder's risk policy issued by National Fire for the construction of a new College of Liberal Arts building at Towson University in Maryland. (Compl. 1, 3, 9, ECF No. 1.) Pending before the Court are the parties' cross-motions for...
MEMORANDUM J. FREDERICK MOTZ, District Judge. Frederick Felt has brought this action for retaliation against MEI Technologies, Inc. and Dell Services Federal Government, Inc. Felt asserts claims under Title VII and 42 U.S.C. Section 1981, the Maryland Human Relations Act, and the Prince George's County Code. He also asserts a claim against MEI for tortious interference with contract. Discovery has been completed, and defendants have filed motions for summary judgment. The motions will be...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court is Defendant Branch Banking and Trust Company's Motion to Dismiss Plaintiffs' Complaint, or, in the Alternative, Motion for Summary Judgment, Doc. No. 16, Defendant's Motion to Strike Jury Demand, Doc. No. 17, and Plaintiffs' Motion to Stay Proceedings, Doc. No. 19. The Court has reviewed the record and concludes that no hearing is necessary. See Loc. R. 105.6 (D.Md.2011). For the reasons that follow, the...
MEMORANDUM J. FREDERICK MOTZ, District Judge. Defendants have filed a motion to alter or amend the judgment. The motion will be denied. There is ample evidence to support the jury's verdict finding that defendants failed to properly announce their identity and purpose before entering the apartment in which Andrew Cornish (plaintiff's son) was killed. Defendant's unlawful entry into the apartment was in the still of the night, based upon suspected use of marijuana. Cornish was known to at...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court is Defendant Cape Environmental Management, Inc.'s Motion for Summary Judgment. Doc. No. 30. The Court has reviewed the motion papers and exhibits and concludes that no hearing is necessary. See Loc. R. 105.6 (D.Md.2011). For the reasons discussed below, Defendant's Motion will be GRANTED. 1 I. BACKGROUND The following facts are taken from the motion papers and exhibits and are not disputed, unless...
MEMORANDUM OF DECISION MARVIN J. GARBIS, District Judge. The Court has heard the evidence, reviewed the exhibits, considered the materials submitted by the parties, and had the benefit of the arguments of counsel. The Court now issues this Memorandum of Decision as its findings of fact and conclusions of law in compliance with Rule 52(a) of the Federal Rules of Civil Procedure. The Court finds the facts stated herein based upon its evaluation of the evidence, including the credibility of...
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for review in this employment discrimination case are two motions. Plaintiff Connell Dones filed a motion to proceed in forma pauperis to be able to seek reconsideration of this court's denial of appointment of counsel. (ECF No. 9). Second, Defendant Patrick R. Donahoe, Postmaster General of the United States, filed a renewed motion to dismiss or, alternatively, for summary judgment. (ECF No. 19). The issues...
MEMORANDUM AND ORDER JAMES K. BREDAR, District Judge. Plaintiff Scott Clempner brought this suit against Defendants NJG Food Service, Inc., OC Crabbag, LLC, Albert Levy, and Nolen Grave (collectively, "Defendants") for violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. 201 et seq. and the Maryland Wage and Hour Law ("MWHL"), Md.Code Ann., Labor & Employment 3-401 et seq. Presently before the Court is a motion by Defendants to dismiss Plaintiff Scott Clempner from...
MEMORANDUM AND ORDER RE: MOTION TO DISMISS MARVIN J. GARBIS, District Judge. The Court has before it Defendant's Motion to Dismiss 1 [Document 19] and the materials submitted relating thereto. The Court finds a hearing unnecessary. I. BACKGROUND 2 Plaintiff Randy L. Greene ("Plaintiff" or "Greene") was employed by YRC Inc. ("Defendant" or "YRC Freight") from 2002 until 2012. On October 26, 2012, YRC Freight terminated Greene's employment. On January 31, 2013, Plaintiff the instant...
MEMORANDUM OPINION GEORGE L. RUSSELL, III, District Judge. This declaratory judgment action is before the Court on cross-motions for summary judgment seeking an interpretation of restrictive covenants established over forty years ago. The salient issue is whether Defendant/Counter-Plaintiff Chateau Bu-De, LLC's ("CBD") planned operation of a vineyard and winery violates the restrictive covenants, which explicitly prohibit commercial activity on the property. The Court, having reviewed the...
MEMORANDUM OPINION PAUL W. GRIMM, District Judge. This Memorandum Opinion vacates and supersedes the Memorandum Opinion dated October 28, 2013 and disposes of Defendant Komal Sriram's Motion to Dismiss the Amended Complaint, ECF No. 11, and accompanying Memorandum of Points and Authorities, ECF No. 11-4; Plaintiff Bhari Information Technology System Private Ltd.'s Response, ECF No. 13; and Defendant's Reply, ECF No. 14. A hearing is not necessary. See Loc. R. 105.6. For the reasons...
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This is an employment discrimination case in which the Plaintiff Victor V. Davis asserts claims against the Defendant Baltimore Hebrew Congregation pursuant to 42 U.S.C. 1981, 1982 & 1983; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.; and the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; as well as state law claims for breach of contract and wrongful discharge. Pending before this Court is...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiffs John and Jane Doe, individually and as parents and next friends of JD, a minor child, bring this action against Defendants Kathleen Schwab and the Board of Education of Prince George's County. Plaintiffs assert a student-on-student sexual harassment claim under Title IX, along with supplemental state law claims for negligence and gross negligence. The following motions are pending before the Court: (1) Defendants' Motion...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. This is a civil forfeiture action. Pending before the Court is Claimants' Motion to Dismiss. The Court has reviewed the record and deems a hearing unnecessary. For the following reasons, the Court GRANTS Claimants' Motion to Dismiss. I. FACTUAL AND PROCEDURAL BACKGROUND On July 27, 2012, state and federal agents executed a search and seizure warrant at a garage apparently named Scooter's Automotive & Repair or Scooter's Place...
MEMORANDUM OPINION PAUL W. GRIMM, District Judge. This Memorandum Opinion disposes of Plaintiff EDI Precast, LLC's ("EDI") Partial Motion for Summary Judgment, ECF No. 52, and accompanying Memorandum, ECF No. 52-1; Defendants Raymond K. Carnahan, Jr. and Northern Virginia Erectors, LLC's ("NVE") 1 Opposition, ECF No. 58; Plaintiff's Supplement ("Pl.'s Supp."), ECF No. 61; and Defendants' Response to Plaintiff's Supplement ("Defs.' Supp. Resp."), ECF No. 63. I also have received...
MEMORANDUM OPINION RICHARD D. BENNETT, District Judge. This is an employment discrimination case in which the Plaintiff Brandon Caire asserts claims against Defendants Conifer Value-Based Care, LLC, formerly known as InforMed, LLC 1 ("InforMed"), and InforMed's Director of Human Resources Janet Camp ("Camp") (collectively, "Defendants") 2 for violations of the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. 2601 et seq.; the Americans with Disabilities Act of 1990 ("ADA"), 42 U....
MEMORANDUM AND ORDER JAMES K. BREDAR, District Judge. Megan E. Vicino ("Plaintiff") brought this suit against the Maryland Department of Natural Resources ("DNR") alleging employment discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. See 42 U.S.C. 2000e et seq. Plaintiff also brought this suit against her former supervisor David Powell ("Powell") to recover damages stemming from his...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court are Counterclaim-Defendants Metropolitan Regional Information Systems, Inc. ("MRIS") and National Association of Realtors ("NAR")'s Motions to Dismiss the Second Amended Counterclaims of American Home Realty Network, Inc. ("AHRN"). The procedural background of this case has been covered in extensive detail in the Court's prior Memorandum Opinions, which are incorporated by reference herein. See Doc. Nos....
MEMORANDUM JAMES K. BREDAR, District Judge. The Court is preparing to sentence twenty-two defendants in these related cases. 1 The facts of these cases are set out in detail in the factual statements in support of the guilty pleas entered by most defendants, as well as in the record made during the jury trial of three defendants who pled "not guilty" but were convicted nonetheless. 2 Broadly, these cases involve a large-scale, interstate conspiracy to distribute marijuana and, with regard...
MEMORANDUM OPINION ELLEN LIPTON HOLLANDER, District Judge. Ryan Meyers (the "decedent" or "Ryan") died in 2007, after he was repeatedly tased during the course of an arrest. In 2010, the decedent's parents, William Meyers, Sr. and Anna Mae Meyers, and his brother, William Meyers, Jr., as personal representative of Ryan's estate, filed suit against Baltimore County and three of its police officers, including Officer Stephen Mee. Plaintiffs alleged, inter alia, the use of excessive force, in...
