Healey v. Barr Laboratories, Inc. et al

Filing 54

OPINION. Signed by Judge J. Frederick Motz on 3/29/13. (mps, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND

CHAMBERS OF

101 WEST LOMBARD STREET
BALTIMORE, MARYLAND 21201
[phone]
[phone] FAX

J. FREDERICK MOTZ
UNITED STATES DISTRICT JUDGE

March 29, 2013

MEMO TO COUNSEL RE: Catherine Healey v. Barr Laboratories
Civil No. JFM-12-3011
Dear Counsel:
I have reviewed plaintiff’s response to my March 20, 2013 order.
I believe that plaintiff’s claim against defendant Andrea L. Roderiquez is untimely under
Maryland law and that significant Erie problems would be presented if I were to permit the
relation back rule of Fed. R. Civ. P. 15 to resuscitate the claim against Ms. Roderiquez. Cf.
Knauer v. Johns-Manville Corp., 638 F. Supp. 1369 (D. Md. 1986). Moreover, it seems to me,
particularly in light of the fact that I have already (with the consent of the other defendants)
permitted plaintiff to amend her complaint, that the most prudent course to follow is to remand
the case and let the timeliness issue be addressed by the Circuit Court for Prince George’s
County, Maryland. Accordingly, I am today entering an order remanding this action to the
Circuit Court for Prince George’s County, Maryland.
Despite the informal nature of this letter, it should be flagged as an opinion and docketed
as an order.
Very truly yours,
/s/
J. Frederick Motz
United States District Judge