MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Shahed Farasat sued Wells Fargo Bank, N.A. ("Wells Fargo") for fraud and contract claims. Pending is Wells Fargo's motion to dismiss for failure to state a claim. For the following reasons, Wells Fargo's motion will be granted. I. Background 1 Farasat owns and resides at 110 Hawthorne Avenue in Baltimore, Maryland. 2 ECF No. 1 14. To purchase the property, Farasat obtained a mortgage, under which Wells Fargo 3 was assigned...
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. P.L.U.S. Brokerage, Inc. ("PLUS"), Ryeco LLC ("Ryeco"), Lancaster Foods, LLC ("Lancaster Foods"), and Fred S. Chesser & Co., Inc. ("Chesser") (collectively "plaintiffs") sued Jong Eun Kim under the Perishable Agricultural Commodities Act of 1930 ("PACA" or). 1 Pending are the plaintiffs' motions for summary judgment and Kim's cross motion for summary judgment. For the following reasons, the plaintiffs' motions will be granted. Kim's...
MEMORANDUM OPINION WILLIAM D. QUARLES, JR., District Judge. Aphena Pharma Solutions-Maryland LLC ("Aphena") sued BioZone Laboratories, Inc. ("BioZone"), BioZone Pharmaceuticals, Inc. ("BioZone Pharmaceuticals"), and Daniel Fisher (collectively "defendants") for contract and fraud claims. Pending are Fisher's motion to dismiss for lack of personal jurisdiction and the defendants' motion to transfer the case to the U.S. District Court for the Northern District of California. Also pending is...
MEMORANDUM JAMES K. BREDAR, District Judge. This suit was brought by Christine Seney, individually and as parent and next friend of I.S. and N.S., and by Antwan R. Seney against Rent-A-Center, Inc., and Rent-A-Center East, Inc. (collectively, "RAC"), in Maryland state court. (Compl., ECF No. 2.) Defendants removed to this Court (ECF No. 1) and filed a petition to enforce an arbitration agreement and to dismiss the case (ECF No. 7). The matter has been briefed (ECF Nos. 9, 10, 14, 16, 17),...
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. The question presented in this breach of contract case is whether there is federal subject matter jurisdiction. The parties have filed memoranda, ECF Nos. 21, 23, 24, the issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, the case will be dismissed for lack of subject matter jurisdiction. I. Background A. Factual Background Plaintiff is an inventor...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court are Defendants' Motion for Summary Judgment, Doc. No. 9, and Plaintiff's Motion to Stay, Doc. No. 12. The Court has reviewed the motion papers and concludes that no hearing is necessary. See Loc. R. 105.6 (D. Md. 2011). For the reasons discussed below, the Court will DENY Plaintiff's Motion to Stay and GRANT Defendants' Motion for Summary Judgment. 1 I. FACTUAL AND PROCEDURAL HISTORY The following...
MEMORANDUM OPINION ELLEN LIPTON HOLLANDER, District Judge. The Whiting-Turner Contracting Company ("Whiting-Turner"), plaintiff, sued its purported insurer, Liberty Mutual Insurance Co. ("Liberty Mutual"), defendant, based on Liberty Mutual's belated decision to deny coverage to Whiting-Turner with respect to a lawsuit filed against Whiting-Turner in a Nevada state court (the "Nevada Suit"). 1 Liberty Mutual defended Whiting-Turner in the Nevada Suit until, over five years into the...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Pending before the Court is Defendant SunTrust Bank's Motion for Partial Summary Judgment. Doc. No. 49. The court has reviewed the motion papers and attached exhibits and concludes that no hearing is necessary. Loc. R. 105.6 (D. Md. 2011). For the reasons discussed below, the Court will GRANT SunTrust's Motion for Partial Summary Judgment. I. FACTUAL AND PROCEDURAL BACKGROUND The following undisputed facts are taken from the...
MEMORANDUM OPINION CHARLES B. DAY, United States Magistrate Judge. Mary E. Kendall, ("Plaintiff") brought this action under 42 U.S.C. 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying Plaintiff's claim for a period of Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-434. Before the Court are Plaintiff's Motion for Summary Judgment ("Plaintiff's Motion"),...
MEMORANDUM J. FREDERICK MOTZ, District Judge. Plaintiffs Snider International Corporation, Mark Cranford, Stan Derwin Brown, and Al Goyburu bring this putative class action against two Maryland towns: the Town of Forest Heights and the Town of Riverdale Park. 1 Plaintiffs assert numerous claims under 42 U.S.C. 1983 for alleged violations of their constitutional right to due process of law. The claims pertain to traffic citations issued by defendants for violations of section 21-809 of...
MEMORANDUM OPINION DEBORAH K. CHASANOW, District Judge. Presently pending and ready for resolution in this bankruptcy appeal is a motion to alter or amend judgment filed by Appellant Gary A. Rosen (ECF No. 13); a motion to strike filed by Appellees David Dahan, Sarit Dahan, Karin Dahan, Maia, LLC, Rokama, LLC, and Raymonde, LLC (ECF No. 16); and Appellant's motion for retroactive extension of time in which to file a motion for rehearing (ECF No. 19). The relevant issues have been briefed, and...
MEMORANDUM OPINION PETER J. MESSITTE, District Judge. Pro se Plaintiff Vidya Sagar has sued his former employer Defendant Oracle Corporation (Oracle), alleging that his termination from employment violated the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq (ADEA). Oracle has filed a Motion for Summary Judgment which Sagar opposes, and has filed his own Cross-Motion for Summary Judgment. For the following reasons, the Court GRANTS Oracle's Motion and DENIES Sagar's Cross-...
MEMORANDUM OPINION ROGER W. TITUS, District Judge. On July 19, 2010, Plaintiffs filed a one-count complaint on behalf of a collective class to recover overtime pay allegedly withheld by Defendants (collectively, "GEICO") in violation of the Fair Labor Standards Act ("FLSA"). Doc. No. 1. Plaintiffs maintain that the position of Security Investigator was improperly classified by GEICO as exempt from overtime under the FLSA. Plaintiffs moved for Conditional Certification and Judicial Notice...
MEMORANDUM CATHERINE C. BLAKE, District Judge. Plaintiff Jeffrey Bowers, pro se, filed this action in Maryland state court alleging a variety of state law claims related to Defendant Bank of America's ("BOA's") apparent failure to process a mortgage modification application submitted by Bowers. BOA removed this action to federal court, and Bowers has filed a motion for remand. Also pending is BOA's motion to dismiss. For the reasons set forth below, Bowers's motion for remand will be denied...
MEMORANDUM OPINION SUSAN K. GAUVEY, United States Magistrate Judge. Pending before the Court are Peterbilt Motors Company's, John C. Arscott's, Peterbilt of Baltimore LLC's, and Pete Store — Delaware's motions to dismiss the counterclaim of Elliot Wilson Capitol Trucks LLC. (ECF No. 55, 56 respectively). Briefing is complete. A hearing was held on October 25, 2012. For the reasons set forth herein, the motions are DENIED in part and GRANTED in part. I. Background Peterbilt Motors Company ("...
DECISION RE: FAIR USE ISSUES MARVIN J. GARBIS, District Judge. The Court has before it motions for summary judgment 1 based upon a fair use defense in each of the three above-captioned cases. In each case, the Defendants contended, and the Court agreed, that very limited discovery was necessary prior to the presentation of motions for summary judgment on the basis of a fair use defense. Accordingly, following limited discovery, the instant motions were filed. 2 The Court has considered...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiff Gary Blakes brings this action against the following Defendants: (1) City of Hyattsville; (2) Elaine Murphy; and (3) Douglas K. Holland. Plaintiff asserts claims for racial discrimination, hostile work environment, retaliation, and wrongful discharge. Pending before the Court are the following Motions: (1) Defendants' Motion for Summary Judgment; and (2) Plaintiff's Cross-Motion for Summary Judgment. The Court has...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. I. PROCEDURAL BACKGROUND On August 24, 2012, 888 F.Supp.2d 691 (D.Md.2012), the Court granted Plaintiff Metropolitan Regional Information Systems, Inc.'s ("MRIS")'s Motion for Preliminary Injunction. Doc. No. 35. Pending before the Court is Defendant American Home Realty Network's ("AHRN")'s Motion to Clarify, Reconsider, or Suspend the Preliminary Injunction Order, Doc. No. 42, and MRIS's Motion for Modification of the...
MEMORANDUM OPINION JILLYN K. SCHULZE, United States Magistrate Judge. William Cunningham d/b/a B.C. Electric (Cunningham), as a third-party defendant/cross-plaintiff/cross-defendant, moves for summary judgment, or in the alternative, for sanctions. (ECF No. 171). The underlying dispute in this diversity action involves a fire that occurred at a property operated by Marlow Liquors, LLC (Marlow), located in a shopping center owned by Marlow Heights Shopping Center, L.P. (MHSC). The shopping...
MEMORANDUM OPINION ALEXANDER WILLIAMS, JR., District Judge. Plaintiff Raymond Mendez ("Mendez") filed this case against Nationwide Property and Casualty Insurance Company ("Nationwide") on June 2, 2010, based on Nationwide's refusal to pay Mendez under a homeowner's insurance policy for losses sustained in a fire. Pending before the Court is Nationwide's Motion for Summary Judgment on Mendez's breach of contract claim. Doc. No. 40. The Court has reviewed the parties' briefs and exhibits and...
