J. FREDERICK MOTZ , District Judge . Dear Counsel: I have reviewed the memoranda submitted in connection with the motion to dismiss filed by Mexas Baltimore, LLC. The motion (document 10) is denied. It appears to me that plaintiff has alleged sufficient facts to state a claim against Mexas. Of course, if discovery establishes that "Chris" was not an agent of Mexas, Mexas will be entitled to filed a motion for summary judgment on that ground. A conference call will be held on December 15,...
MEMORANDUM J. FREDERICK MOTZ , District Judge . Two motions are pending in the present case: defendant's motion to strike and plaintiff's motion to consolidate. Defendant's motion to strike will be denied. In light of the pro se status of plaintiff, I am reluctant to strike pleadings filed on her behalf. Of course, I will prevent a jury from viewing inappropriate documents. Plaintiff's motion to consolidate is denied. There is no other action pending in this court with which this...
J. FREDERICK MOTZ , District Judge . Dear Counsel: I have reviewed the memoranda submitted in connection with plaintiff's motion to amend judgment or for reconsideration (document 52). Plaintiff's motion will be granted. I agree with defendant that 9 U.S.C. 3 seems to suggest that a stay, rather than a dismissal, of the action is appropriate. However, because of the importance of the issue and because plaintiff's would be subjected to unnecessary expense in pursuing arbitration in the...
Under Seal 1 MEMORANDUM OPINION ELLEN LIPTON HOLLANDER , District Judge . David Michael Montgomery, an inmate within the Maryland Division of Correction, filed suit in March 2013 against a host of defendants, pursuant to 42 U.S.C. 1983. The defendants included a health care provider, members of the Anne Arundel County Police Department, and members of the Maryland State Police, as well as the police departments. The suit, which was later amended and then supplemented, is rooted in...
MEMORANDUM OPINION GEORGE JARROD HAZEL , District Judge . Ricky Lee Mannen, a state prisoner, filed this self-represented Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, challenging the computation of his sentence. ECF No. 1. Respondents move to dismiss the Petition on the basis that Mannen has failed to exhaust his claims in state court or through the administrative process. Alternatively, Respondents argue that Mannen's allegations are not cognizable by way of federal...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Plaintiff Thomas J. Range, Jr., a pro se litigant, has filed suit against Bank of America, N.A. ("BANA"), U.S. Bank National Association as Trustee for the Certificateholders of Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates Series 2007-AMC1 ("US Bank"), and McCabe Weisberg & Conway, LLC ("McCabe"). Range alleges that Defendants violated several statutes by claiming a right to foreclose on a property despite...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Plaintiff Marlin Van Horn, Jr. has filed suit against Symantec Corporation ("Symantec"), alleging that Symantec breached its contractual duties owed to Van Horn and that Symantec wrongfully withheld Van Horn's wages in violation of Maryland Annotated Code 3-501 to 509. ECF No. 2 at 18, 25. Pursuant to 28 U.S.C. 1332, 1441, and 1446, Defendant Symantec removed this matter from the Circuit Court in Montgomery County, Maryland to...
MEMORANDUM J. FREDERICK MOTZ , District Judge . Defendant has filed a motion to dismiss. The motion will be granted for the following reasons. First, plaintiff has not stated any claim under the Truth in Lending Act. Plaintiff has not alleged any failure to make one or more of the disclosures required under the Act. Second, plaintiff has not stated any claim under the Maryland Consumer Debt Collection Act. The fact that defendant brought suit against her in Illinois, where she resided...
MEMORANDUM ELLEN L. HOLLANDER , District Judge . This Memorandum addresses a dispute between a court-appointed receiver and a bank that has a secured interest in property that the receiver seeks to sell to a third party. In particular, the bank insists that it is entitled to default rate interest and attorney's fees, in addition to unpaid principal and interest due and owing under its loan agreement with the property owner. On November 18, 2015, Marion A. Hecht, Receiver, filed "Motion Of...
ORDER TO SEAL INDICTMENT JAMES E. GATES , Magistrate Judge . Upon motion of the United States, it is hereby ORDERED that the Indictment in the above-captioned case, returned by the Federal Grand Jury on December 15, 2015, be sealed. It is FURTHER ORDERED that the Clerk may temporarily unseal the Indictment for the purposes of issuing arrest warrants for the defendants and to provide copies of the Indictment to the United States Attorney and the United States Probation Office. It is...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Seasons Pizza Franchisor, Inc. ("Seasons Pizza") sued 4 Seasons Pizza and Subs, Inc. ("4 Seasons") for Lanham Act trademark infringement and unfair competition. 1 ECF No. 1. Pending is Seasons Pizza's objection to Magistrate Judge Beth P. Gesner's Report and Recommendation ("R&R"). No hearing is necessary. Local Rule 105.6 (D. Md. 2014). For the following reasons, the Court will adopt the R&R. I. Background Seasons Pizza is a...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Donna Hanning sued St. Joseph's Ministries, Inc. ("St. Joseph's"), and others 1 (the "Defendants"), in the Circuit Court for Frederick County, for employment discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 2 and the Family and Medical Leave Act of 1993 ("FMLA"). 3 ECF No. 2. The Defendants removed the suit to this Court. ECF No. 1. Pending is the Defendants' motion for summary judgment. ECF...
MEMORANDUM J. FREDERICK MOTZ , District Judge . Plaintiff has filed a second amended complaint. Defendant has filed a motion to dismiss the complaint or, in the alternative, to strike class allegations. Defendants' motion will be treated as one to dismiss the second amended complaint and, as such, will be granted. 1 The issue, as properly framed by the parties, is whether plaintiff has alleged sufficient facts to show that PennyMac Mortgage Investment Trust Holdings I, LLC, ("Holdings")...
MEMORANDUM J. FREDERICK MOTZ , District Judge . Self-represented inmate Bernard Smith ("Smith") filed a 42 U.S.C. 1983 complaint. ECF No. 1. Defendant Wexford Health Services, Inc. ("Wexford"), by their counsel, filed a motion to dismiss or, in the alternative, motion for summary judgment. ECF No. 14. Defendants Warden and Secretary have likewise filed a motion to dismiss or, in the alternative, motion for summary judgment. ECF No. 28. Smith has filed an opposition, ECF No. 32, and...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Aja Brooks-Williams sued KeyBank, National Association ("KeyBank"), and others, 1 for violations of the Fair Credit Reporting Act ("FCRA") 2 and Maryland state law. 3 ECF No. 27. Pending are KeyBank's motions to transfer the case to the U.S. District Court for the Northern District of Ohio, ECF No. 19, and to dismiss the state law claims, ECF No. 39, and Brooks-Williams motion for leave to present the Court with supplemental...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Alicia Bolling, Christine Miller, and Folasade Fields (the "Plaintiffs") sued PP&G, Inc., d/b/a Norma Jeans ("Norma Jeans"), and Peter Ireland (the "Defendants") under the Fair Labor Standards Act ("FLSA"), 1 Maryland Wage and Hour Law ("MWHL"), 2 and Internal Revenue Code ("IRC"). 3 Pending is the Defendants' motion to dismiss counts one and two as to Ireland, or for summary judgment, and to dismiss count three. ECF No. 10....
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Nicole Rena McCrea, pro se, sued Johns Hopkins Universities ("JHU"), and others 1 (collectively, the "Defendants"), for racial, disability, and sex discrimination, and retaliation. ECF No. 1. Pending are the Defendants' motion to dismiss, or for a more definite statement, ECF No. 8, and McCrea's motions to amend her opposition, ECF Nos. 12, 14. No hearing is necessary. Local Rule 105.6 (D. Md. 2014). For the following reasons,...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . MEMORANDUM OPINION Sherry Eubanks sued Mercy Medical Center, Inc. ("Mercy"), for violations of the Americans with Disabilities Act ("ADA") 1 and state law employment discrimination. Pending is Mercy's motion to dismiss the complaint. No hearing is necessary. Local Rule 105.6 (D. Md. 2014). For the following reasons, Mercy's motion will be granted; however, Eubanks will have 30 days to amend the complaint before her claims are...
MEMORANDUM OPINION WILLIAM D. QUARLES, Jr. , District Judge . Jane Doe 1 sued AE Outfitters Retail Co. ("AEO") for negligence in the Circuit Court for Baltimore City. ECF No. 2. AEO removed the suit to this Court. ECF No. 1. 2 Pending are AEO's motions to exclude Doe's expert testimony, ECF No. 33, and for summary judgment, ECF No. 35. Because these matters are well-briefed and supported, no hearing is necessary. See United States v. Davis, 602 F.Supp.2d 658 , 663 (D. Md. 2009); Local...
MEMORANDUM CATHERINE C. BLAKE , District Judge . Plaintiff Lisa Burgess, representing herself, has filed suit apparently alleging that her termination was the result of "falsified" evaluations which followed her filing of an earlier complaint for racial discrimination. 1 The earlier complaint also was based on allegedly inaccurate performance evaluations. The defendant, Howard County, has filed a motion to dismiss either under claim preclusion or for failure to state a claim. The motion...
