Uribe et al v. Aaron's, Inc.

Filing 44

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 1/5/2015. (jf2s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
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JESSICA URIBE, ET AL.,
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Plaintiffs,

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v.

Case No.: GJH-14-0022
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AARON’S, INC.
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Defendant.
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MEMORANDUM OPINION
This is a diversity action brought by Plaintiffs Jessica Uribe and Ann Uribe (collectively,
“Plaintiffs”) against Aaron’s, Inc. (“Defendant”) arising from Plaintiffs’ purchase of several
mattresses from Defendant’s store that were allegedly infested with bedbugs.

This

Memorandum and accompanying Order address Defendant’s Motion for Summary Judgment
(ECF No. 38). A hearing is unnecessary in this case. See Loc. R. 105.6 (Md.). For the reasons
stated below, Defendant’s Motion for Summary Judgment is GRANTED.
I.

BACKGROUND
Defendant is in the business of selling and leasing furniture, consumer electronics, home

appliances, and accessories for residential customers. See ECF No. 2 at ¶ 3. On September 28,
2011, Plaintiffs purchased three mattresses from Defendant’s store that were delivered to
Plaintiffs’ home several weeks later. See id. at ¶¶ 6, 7. Plaintiffs claimed that these mattresses
were infested with bedbugs and that this alleged infestation caused injuries to Plaintiff Anne
Uribe. See id. at ¶ 8. As a result, Plaintiffs filed this action against Defendant claiming that it

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was negligent by (i) failing to maintain and sell clean and usable furniture; (ii) failing to inspect
the mattresses after Plaintiffs called Defendant to give notice of the bedbugs; (iii) failing to take
any remedial action to eradicate the bedbugs or to correct the situation; (iv) failing to train
critical staff on how to identify the signs of bedbug infestations; and (v) failing to retain a
properly licensed and trained pest control professional. See id. at ¶ 37. Additionally, Plaintiffs
allege that Defendant violated the Maryland Consumer Protection Act by misrepresenting the
quality of the mattresses at the time of purchase. See id. at ¶¶ 39-47.
Defendant has moved for summary judgment. See ECF No. 38. Plaintiffs’ opposition to
that motion was due on November 13, 2014. See Loc. R. 8(b) (Md.). Plaintiffs, however, did not
file an opposition to Defendant’s motion. The Court therefore ordered Plaintiffs to show cause,
by no later than December 23, 2014, as to why the Court should not dismiss Plaintiffs’ complaint
for the reasons stated in Defendant’s motion for summary judgment. See ECF No. 43. In its
Order to Show Cause, the Court also directed Plaintiffs to file their oppositions to Defendant’s
motion for summary judgment. See id. The Court warned Plaintiffs that “[f]ailure to respond to
th[e] Order to Show Cause may result in the immediate dismissal of this lawsuit.” Id. Plaintiffs
did not follow the Court’s Order to Show Cause; in fact, Plaintiffs completely ignored it.
II.

STANDARD OF REVIEW
Summary judgment is properly granted when “the pleadings, the discovery and disclosure

materials on file, and any affidavits show that there is no genuine issue as to any material fact
and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Meson v.
GATX Tech. Servs. Corp., 507 F.3d 803, 806 (4th Cir. 2007) (citing Fed.R.Civ.P.56(c)). The
party moving for summary judgment bears the burden of demonstrating that no genuine dispute
exists as to material facts. Pulliam Inv. Co. v. Cameo Props., 810 F.2d 1282, 1286 (4th Cir.

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1987). If the moving party demonstrates that there is no evidence to support the non-moving
party’s case, the burden shifts to the non-moving party to identify specific facts showing that
there is a genuine issue for trial. To satisfy this burden, the non-moving party “must produce
competent evidence on each element of his or her claim.” Miskin v. Baxter Healthcare Corp.,
107 F. Supp. 2d 669, 671 (D. Md. 1999). Although the Court “must draw all reasonable
inferences in favor of the non-moving party,” that party “may not create a genuine issue of
material fact through mere speculation, or building one inference upon another.”

Id.; see

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Runnenbaum v. NationsBank, 123
F.3d 156, 163 (4th Cir. 1997). Indeed, the existence of only a “scintilla of evidence” is not
enough to defeat summary judgment. Anderson, 477 U.S. at 251. Instead, the admissible
evidentiary materials submitted must show facts from which the finder of fact could reasonably
find in favor of the non-moving party. Id.
III.

DISCUSSION
As an initial matter, the Court will grant Defendant’s motion for summary judgment

based on Plaintiffs’ failure to respond to the Court’s Order to Show Cause as well as their failure
to respond to Defendant’s motion for summary judgment, which the Court considers a formal
abandonment of their claims. See e.g., Ferdinand–Davenport v. Children's Guild, 742 F.Supp.2d
772, 777 (D. Md. 2010) (“By her failure to respond to [defendant’s] argument” in a motion to
dismiss, “the plaintiff abandons [her] claim.”); Mentch v. Eastern Sav. Bank, FSB, 949 F. Supp.
1236, 1247 (D. Md. 1997) (holding that failure to address defendant’s arguments for summary
judgment in opposition brief constituted abandonment of the claim); Johnson v. Nationstar
Mortgage, LLC, No. 14-02536, 2014 WL 5377636, at *2, n.2 (D. Md. Oct. 21, 2014) (dismissing

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claim, in part, because plaintiff failed to respond to defense arguments raised in its motion to
dismiss).
But even if the Court considered the substance of Plaintiffs’ claims, it would still grant
Defendant’s motion for summary judgment. Plaintiffs have simply not provided any evidence to
suggest that Defendant’s mattresses were infested with bedbugs. At most, Plaintiffs can show
that there were some types of bugs in their home following the delivery of the mattresses; but
they have not identified any evidence to suggest that these bugs (bedbugs or otherwise) came
from the mattresses provided to them by Defendant. There is therefore no evidence to suggest
that Defendant breached a duty to Plaintiffs or that it engaged in any unlawful consumer
practices. Accordingly, the Court will grant Defendant’s motion for summary judgment for this
additional reason.
IV.

CONCLUSION
For the reasons discussed, Defendant’s Motion for Summary Judgment (ECF No. 38) is

GRANTED.

Dated: January 5, 2015

/S/
George Jarrod Hazel
United States District Judge

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