Professional Documents
Culture Documents
IN TIIE
Defendants
Defendants Eric Heckman and Rockville Football League, by and through their
when, after a hearing, he was removed from his youth football coaching position for
allegedmisconduct.
2. Plaintiff filed his Complaint in the Circuit Court for Montgomery County
to perfect service on both Mr. Heckman and the Rockville Football League (..ML")
by
delivering the summonsand Complaint to a Mr. Demus at the RFL corporateaddress.
Mr.
Demus is not an officer of, nor even employed by, RFL. See Exhibit B (Affidavit of Eric
Heckman). He is not a managing or general agent, or any other agent appointed by law to
receive service on behalf of RFL. Id. Accordingly, Plaintiffhas clearly failed to properly
of Eric Heckman).
by the time of the (defective) attempted service on these Defendants. See Exhibit A
6. A proposedOrder is attached.
Rockville Football League respectfully move to dismiss Plaintiff s claims against them in
their entirety.
Respectfullysubmitted,
kj
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CraigBrodsky
ShannonMaddenMarshall t l'
Goodell,DeVries,Leech& Dann,LLP
OneSouthStreet,20s Floor
Baltimore,Maryland21202
(410)783-4000 Tel.;(4r0) 783-4040
Fax
Attorneysfo r D efendants
Eric HeckmanandRockvilleFootbull
Leagae
ii,t.i4t
Eric HeckmanandRockvilleFootballLeaguerespectfullyrequesta
Defendants
hearing
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(F CERTIFICATE OF SERVICE
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sentvia
foregoing Motion to Dismiss,Memorandumof Law, and proposedorder were
first-classmail,postageprepaid,to:
ChristineM. Collins,Esquire
AssociateCountYAttorneY .
ExecutiveOfficeBuilding,3'oFloor
101MonroeStreet
Rockville,MD 20850
ShannonMadden Marshall
rii''
Defendants
Defendants Eric Heckman and Rockville Football League, by and through their
counsel, Craig Brodsky, ShannonMadden Marshall and Goodell, DeVries, Leech & Dann,
LLP, pursuant to Maryland Ptule 2-322(a), hereby submit this Memorandum of Law in
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supportof their Motion to Dismissfor Insufficient Serviceof Process.
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Plaintiff has sued Defendants for misrepresentation,defamation, violation of due
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process and breach of contract. See Complaint. Although the allegations are gossly
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lacking in factual detail, Plaintiff apparentlycomplains that he was aggrievedwhen, after a
hearing, he was removed from his youth football coachingposition for allegedmisconduct.
Plaintiff frled his Complaint in the Circuit Court for Montgomery County on
Mr. Heckman and the Rockville Football League ("ML"; by delivering the summonsand
s
-a-,
Complaint to a Mr. Demus at the RFL corporateaddress. Id. Mr. Demus is not an officer
of, nor even employed by, RFL. ^SeeExhibit B (Affrdavit of Eric Heckman). He is not a
managing or general agent, or any other agent appointed by law to receive service on
behalf of RFL. Id. Accordingly, Plaintiff has clearly failed to properly serve Defendant
Service is likewise defective as to Eric Heckman. To date, Mr. Heckman has yet to
Heckman). Accordingly, service on Mr. Heckman was defective under Maryland Rule 2-
time of the (defective) attempted service on these Defendants. See Exhibit A. Without
proper service,personaljurisdiction has not been acquired, and Plaintiff s Complaint must
state,303 Md. 461,467, 494 A.2d 934,937 (1985). The court shouldassumethe truth of
all well-pleaded relevant facts alleged in the complaint and all inferences that can
reasonablybe drawn from them, Rossakiv. NtlS Corp.,116 Md. App. 11, 18, 695 A.zd
203, 207 (1997), but where the ailegationsin the complaint, even if true, do not entitle the
Plaintiff has been unable to meet even the most basic standardsof serviceof
Plaintiff purported to serve Mr. Heckman by leaving a copy of the summons and
Complaint at the RFL address,not Mr. Heckman's home, with an individual who is not
Mr. Heckman, and who is not authorized to accept service on his behalf. See Exhibits A
knowledge of Plaintiff s suit against it is insufficient to cure the defects in service. See
Miles v. Hamilton, 269 Md. 708, 713 (1973) (holding that "the fact that the defendant
might have had actual knowledge of the suit against him would not cure a defective
service.")
requires that:
As is reflected in the attachedAffidavit (Exhibit B), there is no proof of any service upon
any appropriate RFL employee with either statutory or corporate authority to accept legal
Without sufficient service of process, this Court does not have jurisdiction over
("In Maryland, the method of service of process ordinarily required to obtain original
certified mail with restricted delivery and return receipt stating to whom delivered and the
date and addressof delivery"), Miles v. Hamilton,269 Md. at 713 (holding that without
proper service,jurisdiction was absent and court's judgment was invalid). Therefore,
IV. CoNcr.usrox
Respectfu
lly submitted,
ShannonMaddenMarshall
Goodell,DeVries,Leech& Dann,LLP
OneSouthStreet,20sFloor
Baltimore,Maryland21202
(410)783-4000Tel.; (4r0) 783-4040Fax
Atto rneysfo r D efendants
Eric Heckman and Rockville Football
League
CERTIFICATE OF SERYICE
first-classmail, postageprepaid,to:
ChristineM. Collins,Esquire
AssociateCountyAttomey
ExecutiveOfficeBuilding 3'dFloor
101MonroeStreet
Rockville,MD 20850
ShannonMadden Marshall
CaseInformation Paee1 of5
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CircuitCourtof Marvland
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Case Information
CourtSystem:
Circuit Court for Montgomery County - Clvil System
Plaintiff Information
(Each Alias, Address, and Attorney for the Plaintiff is displayed)
g16mg;SHIRLEY, SCOTT
Address:4703 KEMPERSTREET
ROCKVILLEMD 20853
Phone:301-725-3800
Defendant Information
(Each Alias, Address, and Attomey for the Defendant is displayed)
lrlsmg; HECKMAN,ERIC
Address:C/O ROCKVILLEFOOTBALLLEAGUE
1325 SEVENLOCKSRD 219
POTOMACMD 20854
Address:CITY COUNCIL
50 MARYLANDAVE
ROCKVILLEMD 20850
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CaseInformation Page2 of 5
rol MONROESTREET
ROCKVILLEMD 20850
Phone: 240-777-6704
Name: COLLINS,CHRISTINEM
Address:ASSOCIATECOUNTYATTORNEY
EXECUTIVEOFFICEBUILDING
101 MONROESTREET3RD FL
ROCKVILLEMD 20850
Phone:240-777-6700
Issues Information
Issue: NEGLIGENCE- DEFAMATIONOF CHARACTER
Issue: MISREPRESENTATIONOF FACTS
Issue: VIOLATfON
Issue: BREACHOF CONTRACT
Document Tracking
DocketDate: 1Ol2Ol2O1O DocketNumber: 1
DocketDescriotion:BILL OF COMPLAINT
DocketType: Docket FiledBy: Plaintiff
DocketText: COMPLAINTAND DEMAND FORJURY TRIAL, FILED.
Docker lsal; NOTICE SENT GMNG NEW CASE NUMBER TO ALL PARTIES.
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DocketDescription:JUDGE/MASTERREFERSCASETO ADR
DocketType: Docket FiledBy: Court
Rul i n gJ u d g e :M AS O N ,M IC H AE LD
. couRT (MASON, J.) REFERSCASEFOR ALTERNATM DISPUTE RESOLUTION.
Docketrext: 699p1 ApporNis iuoee wErNsrErN To BE THE MEDTAToRrN THrs cAsE.
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CaseInformation Page5 of5
ATTACHMENTS,FILED.
This is an electronic case record. Full case information cannot be made available either because of legal restrictions
on accessto case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties
inherent in reducing a case record into an eledronic format.
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02/28/20L 10:99 FAX301 36514"'9 @ooz
ALLSTATE
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herein
'| I amPresidentof the Rockville FootballLeague;
SummonsandComplaintconcerningthe above-referenced
mflfier;
director,vice president,assistantsecretary,assistantheasurcr,shareholder,
employee,agentor
residentagentofthe RockvilleFootballLeague;and