MEMORANDUM CATHERINE C. BLAKE , District Judge . Pending before the court is defendant Nationwide Property and Casualty Insurance Company's ("Nationwide") Motion to Dismiss Complaint, seeking dismissal of both counts of plaintiffs' Johnson Sewer and Drain Contractors, Inc., U.S. Heating & Air, LLC, and Johnson Properties, LLC complaint. On November 28, 2018, the court heard oral argument in this matter. For the reasons stated below, the court will grant the motion. FACTUAL AND PROCEDURAL...
MEMORANDUM ORDER RICHARD D. BENNETT , District Judge . Plaintiffs Chasity Spears, Gabrielle Spears, and Nahla Spears (collectively, the "Spears" or "Plaintiffs") initially filed this sixteen-count Complaint in the Circuit Court for Baltimore City, Maryland against MWR Investigations, Inc., TCB Pedestal Gardens, LLC, Interstate Realty Management Company, Alexander Security Consultants, LLC, and The Community Builders, Inc. (collectively, the "Defendants"), stemming from the Defendants'...
MEMORANDUM OPINION ELLEN L. HOLLANDER , District Judge . This litigation arises from the unfortunate death of 30-year-old Arvel Douglas Williams ("Mr. Williams" or the "Decedent"). ECF 1 (the "Complaint"). He died on August 20, 2014, while in the custody of the Harford County Sheriff's Office, following a high-speed chase, collision, and the use of tasers. Id. Tanya Williams, the Decedent's mother, individually and as the personal representative of the Estate of Mr. Williams, and his...
MEMORANDUM OPINION GEORGE J. HAZEL , United States District Judge . Plaintiffs in two related cases, Kravitz et al. v. United States Dep't of Commerce et al., 18-1041 and LUPE et al. v. Ross et al., 18-1570, challenge the U.S. Census Bureau's decision to include a citizenship question on the 2020 Census. Plaintiffs contend that the addition of a citizenship question violates the Administrative Procedures Act (APA) and the Constitution. 1 The LUPE Plaintiffs also allege that the...
MEMORANDUM OPINION GEORGE J. HAZEL , District Judge . In this action, Plaintiff Demetra Randolph claims that her employer, Defendant Sentry Management, Inc., retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. after she reported complaints of race and age discrimination. Pending before the Court is Defendant's Motion for Summary Judgement. ECF No. 19. No hearing is necessary. See Loc. R. 105.6 (Md.). For the following reasons,...
MEMORANDUM OPINION PAULA XINIS , District Judge . Currently pending is Defendants' motion to dismiss this case after removal to this Court. ECF Nos. 16, 1. The motion is fully briefed, and no hearing is necessary. See Loc. R. 105.6. For the reasons that follow, the Court grants in part Defendants' motion and dismisses the Truth in Lending Act claims. The Court declines to exercise supplemental jurisdiction over the remaining state law claims and, in its inherent authority, remands this...
REPORT AND RECOMMENDATION GINA L. SIMMS , Magistrate Judge . This Report and Recommendation addresses the "Motion for Entry of Default Judgment" filed by Trustees of the following: (a) the National Automatic Sprinkler Industry Welfare Fund; (b) the National Automatic Sprinkler Industry Pension Fund; (c) the Sprinkler Industry Supplemental Pension Fund; and (d) the International Training Fund (collectively, "Plaintiffs"). (ECF No. 8). 1 Plaintiffs brought this action under the Employee...
MEMORANDUM OPINION PAULA XINIS , District Judge . Self-represented Plaintiff Richard Lawrence, an inmate incarcerated at Western Correctional Institution ("WCI") in Cumberland, Maryland, brings this civil action pursuant to 42 U.S.C. 1983 against Defendants, Department of Corrections ("DOC"), Commissioner Dayena Corcoran, WCI, Warden Richard J. Graham, Jr., and Correctional Officer Jamie Ratke (collectively "Defendants"). ECF No. 1. Lawrence claims that Defendants have subjected him to...
MEMORANDUM OPINION RICHARD D. BENNETT , District Judge . On May 9, 2018, this Court held that various provisions of the Defendant Town of Ocean City, Maryland's Ordinance governing performers and performing on the Ocean City boardwalk were facially unconstitutional in violation of the First Amendment to the United States Constitution and Article 40 of the Maryland Declaration of Rights. (ECF Nos. 88, 89.) Currently pending before this Court is the Plaintiffs' Anthony Christ, Jim Starck,...
MEMORANDUM ORDER RICHARD D. BENNETT , District Judge . The records of this Court reflect that Kimberly A. Fitzwater, previously listed as counsel for Defendants Ernest R. Martin and Patricia J. Martin, is no longer a member of the Bar of this Court. (ECF Nos. 107, 110.) Furthermore, Ms. Fitzwater has failed to respond to messages left by personnel of this Court. Accordingly, pursuant to Local Rule 101.1(a) (D. Md. 2018), Ms. Fitzwater may not appear as counsel in this case, and her...
MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Now pending before the Court is the Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR ALTERNATIVELY FOR SUMMARY JUDGMENT (ECF No. 6). The Plaintiff has responded (ECF No. 8) and the Defendant has replied (ECF No. 9). The Court has carefully reviewed all of the submissions and their attachments. For the reasons set out in Defendant's papers (ECF Nos. 6, 9), the MOTION (ECF No. 6) is GRANTED. Not only does the...
MEMORANDUM ORDER RICHARD D. BENNETT , District Judge . On September 10, 2018, the pro se Appellant Patrick J. Kelly filed this appeal of the decision of the United States Bankruptcy Court for the District of Maryland dismissing his complaint with prejudice. (ECF No. 1.) On November 1, 2018, the Appellees, Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust 2007-A9, Mortgage Pass Through Certificates Series 2007-1 ("Deutsche Bank"), IndyMac...
MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Now pending before the Court is the Defendants' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, LACK OF SUBJECT MATTER JURISDICTION, AND INSUFFICIENT SERVICE OF PROCESS (ECF No. 15). The Plaintiff has responded (ECF No. 24) and the Defendants have replied (ECF No. 27). The Court has carefully reviewed the referenced submissions, including their attachments. For the reasons set out in the Defendants' submissions (ECF Nos. 15,...
MEMORANDUM CATHERINE C. BLAKE , District Judge . Currently pending before the court is a motion to dismiss for lack of personal jurisdiction filed by third-party defendant Kareway Product, Inc. ("Kareway"). This dispute arises between KeraLink International, Inc. ("KeraLink"), a Maryland corporation and Stradis Healthcare, LLC ("Stradis"), a Georgia corporation. After suit was initiated, Stradis moved to join Kareway, a California corporation, as a third-party defendant. Stradis also...
MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Now pending before the Court is the Plaintiff's MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS (ECF No. 5). The Defendants have responded (ECF No. 10), and the Plaintiff has replied (ECF No. 11). The motion is DENIED. In framing his Complaint, the Plaintiff seeks relief beyond that afforded him under the Maryland Wage Payment and Collection Law, the Maryland Wage and Hour Law, and the Fair Labor Standards Act. He also seeks...
MEMORANDUM OPINION PAULA XINIS , District Judge . Self-represented Plaintiff Dustin W. Perry, an inmate incarcerated at the Calvert County Detention Center in Barstow, Maryland, brings this civil action pursuant to 42 U.S.C. 1983 against Defendants Wexford Health Sources, Inc. ("Wexford"), Nurse Elaine Cotton, and Mohammad Saleem, M.D. ECF No. 1. Perry avers that while he was housed at the Patuxent Institution ("Patuxent"), Defendants denied him medical care and failed to provide timely...
MEMORANDUM & ORDER JAMES K. BREDAR , District Judge . The Court has reviewed the consent motion requesting a continuance of all dates and deadlines in this matter pending resolution of a funding dispute involving the executive and legislative branches of the Federal Government (ECF No. 172). This financial matter is a dispute internal to one party, the Federal Government. In that sense it is similar to one that erupted between elements of the City Government previously. In the previous...
MEMORANDUM JAMES K. BREDAR , District Judge . Pending before the Court is Plaintiff's voluntary motion to dismiss the instant case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). (Pl.'s Mot. Dismiss II, ECF No. 159.) The motion has been briefed (ECF Nos. 167, 170), and no hearing is required, Local Rule 105.6 (D. Md. 2018). The motion will be granted, but with modifications to the relief requested. I. Background This case began with an October 15, 2015, complaint...
MEMORANDUM OPINION AND ORDER PAUL W. GRIMM , District Judge . Plaintiff Choice Hotels International, Inc. ("Choice Hotels") filed an application to confirm arbitration award against Jitendra Patel on May 3,2016. Complaint, ECF No.1. Choice Hotels seeks $106,557.06 pursuant to the arbitration award and on August 14, 2018 Choice Hotels filed a Motion for Summary Judgment. Pl.'s Mot., ECF No. 32. Because I have already found that I have jurisdiction to confirm the arbitration award, see...
MEMORANDUM OPINION GEORGE L. RUSSELL, III , District Judge . THIS MATTER is before the Court on Defendants CO II Justin Adams, Sgt. William Thomas, and Lt. Thomas Sawyers' 1 Motion to Dismiss Plaintiff's Complaint or, in the Alternative, for Summary Judgment 2 (ECF No. 15). 3 The Motion is ripe for disposition, and no hearing is necessary. See Local Rule 105.6 (D.Md. 2018). For the reasons outlined below, the Court will grant the Motion. I. BACKGROUND 4 Plaintiff Mekonnen Mekuria...
