Kent Construction Company v. Global Force Auction Group LLC et al

Filing 70

MEMORANDUM. Signed by Magistrate Judge Timothy J. Sullivan on 10/1/2015. (c/m 10/1/15 ca2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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KENT CONSTRUCTION CO.,
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Plaintiff,
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v.

Case No. TJS-12-2839
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GLOBAL FORCE AUCTION GROUP,
LLC., et al.,

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Defendants.
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MEMORANDUM
On September 10, 2015, the Court granted in part and denied in part Plaintiff Kent
Construction Company’s (“Kent”) Motion for Summary Judgment (ECF No. 64) and entered
judgment in favor of Kent with regard to Count Eight (Conversion) and Count Nine (Fraud) of
the Revised Second Amended Complaint (ECF No. 61). (ECF Nos. 68 & 69.) The Motion for
Summary Judgment was denied as to Count Six (Breach of Fiduciary Duty) and Count Seven
(Misappropriation). (Id.)
The Court noted that because Defendant Harry R. Ruby (a/k/a Jay R. Ruby, Jr. and Jay
Ruby) (“Mr. Ruby”) did not file a motion for summary judgment, Counts Six and Seven
remained pending against him. (See ECF No. 68 at 17.) The Court advised the parties that it
“intend[ed] to enter summary judgment sua sponte in Mr. Ruby’s favor with regard to [Counts
Six and Seven]” based on the reasoning set forth in its September 10, 2015 memorandum (ECF
No. 68). The Court allowed the parties to file papers in opposition to summary judgment by
September 18, 2015. (Id.) To date, the Court has received no such papers.

Therefore, by separate Order, the Court will direct the Clerk of Court to enter judgment
in favor of Mr. Ruby with regard to Counts Six and Seven. The reasons supporting this result are
set forth in the Court’s September 10, 2015 memorandum (ECF No. 68).

October 1, 2015
Date

/s/
Timothy J. Sullivan
United States Magistrate Judge

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