MEMORANDUM RICHARD D. BENNETT , District Judge . Plaintiffs Snyder/Donaldson, LLC and Snyder Development Corporation (collectively "Snyder") file suit against defendants Anne Arundel County, Maryland (the "County"), the CalAtlantic Group, Inc. ("CalAtlantic"), and Mandrin Homes, LTD. ("Mandrin"), seeking a declaratory judgment and damages for breach of contract and violation of the Due Process Clause of the Fourteenth Amendment. This dispute arises out of an agreement to construct and...
MEMORANDUM OPINION A. DAVID COPPERTHITE , Magistrate Judge . On December 15, 2016, Michele Mary Re ("Plaintiff") petitioned this court to review the Social Security Administration's ("SSA") final decision to deny her claims for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). See ECF No. 1 (the "Complaint"). After consideration of the Complaint, the parties' cross-motions for summary judgment (ECF Nos. 19-20), and the response thereto (ECF No. 21), the...
MEMORANDUM OPINION A. DAVID COPPERTHITE , Magistrate Judge . Plaintiff, Bierman Family Farm, LLC/King Mulch/King Farms, moves this Court for summary judgment in favor of Plaintiff and against Defendant United Farm Family Insurance Company ("Defendant") ("Plaintiff's Motion") (ECF No. 40). Plaintiff seeks a ruling from the Court that Defendant pay the remaining half of its insurance policy's limit of liability. Defendant filed an opposition to Plaintiff's Motion and cross-motion for...
MEMORANDUM OPINION A. DAVID COPPERTHITE , Magistrate Judge . Defendant, Howard County, Maryland ("Defendant"), moves this Court for summary judgment in favor of Defendant and against Plaintiff Rudy Rice ("Plaintiff") (the "Motion") (ECF No. 45). Defendant seeks a ruling from the Court that Plaintiff cannot prevail on his hostile work environment discrimination and retaliation claims against Defendant, his former employer, because he cannot demonstrate required elements of these claims....
MEMORANDUM OPINION AND ORDER PAULA XINIS , District Judge . Pending before the Court is Defendant Frederico Bustos-Andrade's ("Bustos") motion to suppress evidence collected pursuant to a warrant issued on November 18, 2016 for prospective cell phone geo-location data, 1 as well as evidence collected during the warrantless stop and search of the vehicle driven by Bustos on November 22, 2016. ECF No. 40. A hearing was held on October 18, 2017 in which the Court heard evidence and oral...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . Plaintiff Crystal Ballinger sued Defendant Board of Education of Prince George's County, Maryland, alleging that she had been unlawfully sexually harassed and retaliated against in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII") and Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq. ("Title IX"). ECF No. 1. Presently pending before the Court is Defendant's Motion for...
MEMORANDUM OPINION PETER J. MESSITTE , District Judge . International Chimney Corporation (ICC) brought a Complaint to Establish a Mechanic's Lien against NRG Chalk Point, LLC (NRG) in the Circuit Court for Prince George's County. Following NRG's removal of the case to this Court, ICC asked the Court to remand to state court. For the following reasons, the Court will GRANT ICC's Motion to Remand (ECF No. 19). I. FACTS AND PROCEDURAL HISTORY This action arises from a construction...
MEMORANDUM OPINION PETER J. MESSITTE , District Judge . Pro Se Defendant Daryl Green has attempted to remove this foreclosure action from the Circuit Court for Prince George's County. Plaintiffs ask the Court to remand to state court and grant attorney's fees. For the following reasons, the Court will GRANT Plaintiffs' Motion to Remand, except as to attorney's fees (ECF No. 52). I. FACTS AND PROCEDURAL HISTORY This action arises from a foreclosure proceeding initiated by Plaintiffs...
MEMORANDUM & ORDER RE: CLARIFICATION MARVIN J. GARBIS , District Judge . The Court has before it Defendants' Motion for Clarification and, if Necessary, a Partial Stay of Preliminary Injunction Pending Appeal [ECF No. 91] and the materials related thereto. The Court finds a hearing unnecessary. I. CLARIFICATION Defendants seek clarification from the Court that the Preliminary Injunction [ECF No. 84], issued on November 21, 2017, does not prohibit the Secretary of Defense from...
REPORT AND RECOMMENDATIONS STEPHANIE A. GALLAGHER , Magistrate Judge . Pursuant to Standing Order 2014-01, the above-captioned case has been referred to me to review the parties' dispositive motions and to make recommendations pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 301.5(b)(ix). [ECF No. 6]. I have considered the parties' crossmotions for summary judgment. [ECF Nos. 15, 16]. I find that no hearing is necessary. See Loc. R. 105.6 (D. Md. 2016). This Court must uphold the...
MEMORANDUM TO PARTIES RE: GEORGE L. RUSSELL, III , District Judge . Dear Parties: Pending before the Court are Defendants Daryl McCready, Bryan Matthew Lloyd, and Mark Aaron Thomas' (collectively, the "Sonrise Defendants") and Defendants Michael Duane Rittenhouse and Jared Mylon Rittenhouse's (collectively, the "Rittenhouses") Motions to Dismiss for Failure to State a Claim (ECF Nos. 11, 12). 1 The Motions are ripe for disposition, and no hearing is necessary. See Local Rule 105.6 (D....
MEMORANDUM OPINION ELLEN LIPTON HOLLANDER , District Judge . In this employment discrimination case, plaintiff Anie Polastre-Jackson filed suit against Carolyn W. Colvin, the Acting Commissioner of the Social Security Administration ("SSA"), alleging race discrimination, in violation of Title VII of the Civil Rights Act of 1964, codified, as amended, at 42 U.S.C. 2000e, et seq. ("Title VII") (Count I); sex discrimination, in violation of Title VII (Count II) 1 ; retaliation, in...
MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending is a motion to dismiss or, in the alternative, for summary judgment filed by defendants Correctional Officer II Steven Miller, Correctional Officer II Nicholas Soltas, Correctional Officer II Jesse Lambert, and Correctional Officer II Christopher Anderson. 1 ECF 25. Plaintiff was informed by the court, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), that failure to file a response in opposition to the motions...
MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . I. Background Michelle Davis filed this suit claiming Toyota Motor Credit Corporation ("TMCC"), Complete Auto Recovery Services, Incorporated ("C.A.R.S."), Stewart Gray, and Donald Gray (collectively, "Defendants") committed various wrongs against her in relation to the repossession of her automobile. (Compl., ECF No. 1.) She claimed one or all of the Defendants had committed torts, had breached her contract with TMCC, and...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . J & J Sports Productions. Inc. ("J & J or "Plaintiff") filed this action against Defendant Rio Bravo, LLC, 1 alleging violations of the Communications Act or 1934, as amended, 47 U.S.C. 605 et seq., and the Cable and Television Consumer Protection and Competition Act of 1992, as amended, 47 U.S.C. 553 et seq., and a common-law claim of conversion. See ECF No. 1. After the Defendant Failed to answer. Plaintiff moved for entry...
MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending before the Court is Gregory David Horne's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 11-0096, ECF No. 738.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined...
MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending before the Court is Dontary Jones's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 12-0572, ECF No. 43.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined Movant was...
MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Pending before the Court is Derrick Allen's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 14-0198, ECF No. 63.) The Court has considered it and the Government's response (ECF No. 64). For the reasons stated by the Government in its opposition, the Court concludes the motion is without merit. Accordingly, it is DENIED. A certificate of appealability may issue only if the movant has made a substantial showing of the...
MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending before the Court is Edward Lee's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 13-0133, ECF No. 93.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined Movant was a...
MEMORANDUM JAMES K. BREDAR , Chief District Judge . Pending before the Court is Dontary Jones's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 12-0572, ECF No. 43.) The motion is premised upon the Supreme Court's ruling in Johnson v. United States, 135 S.Ct. 2551 (2015), which held that the residual clause of the Armed Career Criminal Act ("ACCA") was void for vagueness. Id. at 894. Movant asserts an entitlement to relief because the sentencing court determined Movant was...
