RFL_Heckman Motion to Dismiss

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SCOTT SHIRLEI.

Plaintiffv.

ERIC HECKMANandROCKVILLE FOOTBALL LEAGUEBOARD OF DIRECTORSandCITY OF ROCI(VILLE. MARYLAND

IN TIIE

CIRCIIIT COIIRT FOR

MONTGOMERY COUNTY

MARYLAND

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Case No.: 339630-V

Defendants

DEFENDANTS ERIC HECKMAN AND ROCKVILLEFOOTBALL LEAGUE'S MOTION TO DISMISS F'OR

INSUFFICIENT SERVICE OF PROCESS

Defendants Eric Heckman and Rockville Football League, by and through their

counsel, Craig Brodsky, Shannon Madden Marshall and Goodell, DeVries, Leech & Dann,

LLP, pursuant to Maryland Rule 2-322(a), hereby file this Motion to Dismiss for

Insuffi6ient Service of Process. In support of their Motion, Defendants states as follows:

1. Plaintiff has sued Defendants for misrepresentation, defamation, violation

of due process and breach of contract, See Complaint. Although the allegations are

grossly lacking in factual detail, Plaintiff apparently complains that he was aggrieved

when, after a hearing, he was removed from his youth football coaching position for

alleged misconduct.

2. Plaintiff filed his Complaint in the Circuit Court for Montgomery County

on October 20,2010. On October 27,2070, a 30-day sunmons was issued. See Exhibit A

(docket entries for case no. 339630-V). On or about December 2,2010,plaintiffattempted

to perfect service on both Mr. Heckman and the Rockville Football League (..ML") by

delivering the summons and Complaint to a Mr. Demus at the RFL corporate address. 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

serve Defendant RFL under Md. Rule 2-124(d).

3. Service is likewise defective as to Eric Heckman. To date. Mr. Heckman

has yet to be served individually in accordance with Rule 2-12I. See Exhibit B (Affidavit

of Eric Heckman).

4. Further, the 30-day summonses issued on I0l21ll0 had apparently expired

by the time of the (defective) attempted service on these Defendants. See Exhibit A

(docket sheet reflecting returns of service on l2l2ll0, after the summonses had expired.)

5. Plaintiff s insuffrciency of service of process is grounds for dismissal under

Maryland Rules 2-322(a)(l) afi 2-322(a)().

6. A proposed Order is attached.

WHEREFORE, for the above-stated reasons, Defendants Eric Heckman and

Rockville Football League respectfully move to dismiss Plaintiff s claims against them in

their entirety.

Craig BrodskyShannon Madden Marshall t l'Goodell, DeVries, Leech & Dann, LLPOne South Street, 20s FloorBaltimore, Maryland 21202(410) 783-4000 Tel.; (4r0) 783-4040 FaxAtto rney s fo r D efe ndantsEric Heckmanand Rockville FootbullLeagae

Respectfully submitted,

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Defendants Eric Heckman and Rockville Football League respectfully request a

hearing

i on the above Motion to Dismiss.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on thi&{-C day of February, 2011, copies of the

foregoing Motion to Dismiss, Memorandum of Law, and proposed order were sent via

first-class mail, postage prepaid, to:

Mary Ann Ryan, Esquire319 Main StreetLaurel, MD 20707

Patricia P. Via, EsquireChief, Division of LitigationOffice of County Attorney - 3'o Floor101 Monroe StreetRockville, MD 20850

Christine M. Collins, EsquireAssociate CountY AttorneY .Executive Office Building, 3'o Floor101 Monroe StreetRockville, MD 20850

Shannon Madden Marshall

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scoTT SHIRLEY,

v.Plaintiff

IN TIIE

CIRCUIT COURT FOR

MONTGOMERY COTJNTY

MARYLANDERIC IIECKMANandROCKVILLE FOOTBALL LEAGUEBOARD OF DIRECTORSandCITY OF ROCI(VILLE, MARYLAND Case No.: 339630-V

Defendants

MEMORANDUM OF LAW IN SI]PPORT OFDEFENDANTS ERIC HECKMAN AND ROCKVILLE

FOOTBALL LEAGUE'S MOTION TO DIS]\{ISSFOR INSUFFICIENT SERVICE OF PROCESS

Defendants Eric Heckman and Rockville Football League, by and through their

counsel, Craig Brodsky, Shannon Madden Marshall and Goodell, DeVries, Leech & Dann,

LLP, pursuant to Maryland Ptule 2-322(a), hereby submit this Memorandum of Law in

support of their Motion to Dismiss for Insufficient Service of Process.

I. Backsround

Plaintiff has sued Defendants for misrepresentation, defamation, violation of due

process and breach of contract. See Complaint. Although the allegations are gossly

lacking in factual detail, Plaintiff apparently complains that he was aggrieved when, after a

hearing, he was removed from his youth football coaching position for alleged misconduct.

Plaintiff frled his Complaint in the Circuit Court for Montgomery County on

October 20,2010. On October 21,2010, a summons was issued. Exhibit A (docket entries

for case no. 339630-V). Shortly thereafter, Plaintiff attempted to perfect service on both

Mr. Heckman and the Rockville Football League ("ML"; by delivering the summons and

-a-,s

Complaint to a Mr. Demus at the RFL corporate address. Id. Mr. Demus is not an officer

of, nor even employed by, RFL. ^See Exhibit 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

RFL under Md. Rule 2-124(d).

Service is likewise defective as to Eric Heckman. To date, Mr. Heckman has yet to

be served individually in accordance with Rule 2-121 . See Exhibit B (Affidavit of Erick

Heckman). Accordingly, service on Mr. Heckman was defective under Maryland Rule 2-

12I. Further, the 30-day summonses issued on I0l2llI0 had apparently expired by the

time of the (defective) attempted service on these Defendants . See Exhibit A. Without

proper service, personal jurisdiction has not been acquired, and Plaintiff s Complaint must

be dismissed as to these Defendants pursuant to Rules 2-322(a)(l) and2-322(a)(4).

il. Sr.qloARp or Rnvtnw

A motion to dismiss lies where no justiciable controversy exists. Broadwater v.

state,303 Md. 461, 467, 494 A.2d 934,937 (1985). The court should assume the truth of

all well-pleaded relevant facts alleged in the complaint and all inferences that can

reasonably be drawn from them, Rossaki v. NtlS Corp.,116 Md. App. 11, 18, 695 A.zd

203, 207 (1997), but where the ailegations in the complaint, even if true, do not entitle the

plaintiff to relief as a matter of law, the case should be dismissed. Lubore v. MM

Associates, 109 Md. App. 3 12, 322, 674 A.2d 547, 552 (1996).

III" Lncu, Ancunmxr

Plaintiff has been unable to meet even the most basic standards of service

process under Maryiand law. Maryland Rule 2-121 requires that service of process

made on an individual by the following methods:

(1) by delivering to the person to be served a copy of the summons,complaint, and all other papers filed with it;

(2) if the person to be served is an individual, by leaving a copy of thesummons, complaint, and all other papers filed with it at the individual'sdwelling house or usual place of abode with a resident of suitable ageand discretion; or

(3) bV mailing to the person to be served a copy of the summons, complaint,and all other papers filed with it by certified mail requesting:"Restricted Delivery - show to whom, date, address of delivery."

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

and B. Thus, service on Mr. Heckman is clearly defective. Further, constructive

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.")

Service is likewise fatally flawed as to Defendant RFL. Maryland Rule 2-124

requires that:

(c) Service is made upon a corporation, incorporatedassociation, or joint stock company by serving its resident agent,president, secretary, or treasurer. If the corporation, incorporatedassociation, or joint stock company has no resident agent or if a goodfaith attempt to serve the resident agent, president, secretary, or

of

be

treasurer has failed, services may be made by serving the manager,

any director, vice president, assistant secretary, assistant treasurer, or

other person expressly or impliedly authorized to receive service of

process.

As is reflected in the attached Affidavit (Exhibit B), there is no proof of any service upon

any appropriate RFL employee with either statutory or corporate authority to accept legal

process. See Exhibits A and B. Therefore, Plaintiff has failed to establish prima facie

evidence of valid service. See Sheehy v. Sheehy,250 Md. 181, 185 (1968) (holding that a

proper return is prima facie evidence of valid service).

Without sufficient service of process, this Court does not have jurisdiction over

pp1- or Mr. Heckm a1^. See Miserandino v. Resort Properties, lnc.,345 Md. 43, 56 (1997)

("In Maryland, the method of service of process ordinarily required to obtain original

personal jurisdiction over a resident or nonresident individual is by personal delivery, or by

certified mail with restricted delivery and return receipt stating to whom delivered and the

date and address of delivery"), Miles v. Hamilton,269 Md. at 713 (holding that without

proper service, jurisdiction was absent and court's judgment was invalid). Therefore,

PlaintifPs Complaint must be dismissed as to these Defendants.

IV. CoNcr.usrox

Plaintiffls insuffrciency of service of process is grounds for dismissal under

Maryland RuIe 2-322(aX1) and2-322(a)(4). Accordingly, Defendants Eric Heckman and

Rockville Football League respectfully request this court to dismiss Plaintiff s Complaint

and each and every claim against them.

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Respectfu lly submitted,

Shannon Madden MarshallGoodell, DeVries, Leech & Dann, LLPOne South Street,20s FloorBaltimore, Maryland 21202(410) 7 83 -4000 Tel. ; (4r0) 7 83 -4040 FaxAtto rney s fo r D efe n dantsEric Heckman and Rockville FootballLeague

CERTIFICATE OF SERYICE

foregoing Motion to Dismiss, Memorandum of Law, and proposed Order were sent via

first-class mail, postage prepaid, to:

Mary Ann Ryan, Esquire319 Main StreetLaurel,l{ID 20707

Patricia P. Via, EsquireChiel Division of LitigationOffice of County Attomey - 3'o Floor101 Monroe StreetRockville, MD 20850

Christine M. Collins, EsquireAssociate County AttomeyExecutive Office Building 3'd Floor101 Monroe StreetRockville, MD 20850

I FIEREBY CERTIFY that on thi. 4f day of February, 2011, copies of the

Shannon Madden Marshall

Case Information Paee 1 of5

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Circuit Court of Marvland

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Circuit Court for Montgomery County - Clvil System

339630V SubType: OTHERTORTS

ro/20l2oto

OPEN

Case Information

Court System:

. Case Number:

Date Filed:

Case Status:

Plaintiff Information(Each Alias, Address, and Attorney for the Plaintiff is displayed)

g16mg; SHIRLEY, SCOTT

Address: 4703 KEMPER STREET

ROCKVILLE MD 20853

Atbrney(s) for the Plaintiff

116ms. RYAN, MARY ANN

Address: 319 MAIN STREET

LAUREL MD 2O7O7

Phone: 301-725-3800

Defendant Information(Each Alias, Address, and Attomey for the Defendant is displayed)

lrlsmg; HECKMAN, ERIC

Address: C/O ROCKVILLE FOOTBALL LEAGUE

1325 SEVEN LOCKS RD 219

POTOMAC MD 20854

Name: ROCKVILLE FOOTBALL LEAGUE BOARD OF DIRECTORS

Address: 1325 SEVEN LOCKS RD 219

POTOMAC MD 20854

Name: CITY OF ROCI(VILLE MARYLAND

Address: CITY COUNCIL

50 MARYLAND AVE

ROCKVILLE MD 20850

Attorney(s) for the Defendant

Name: VIA, PATRICIA

Address: CHIEF, DMSION OF LITIGATION

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Case Information Page 2 of 5

OFFICE OF COUNTY ATTORNEY. 3RD FL.

rol MONROE STREET

ROCKVILLE MD 20850

Phone: 240-777-6704

Name: COLLINS, CHRISTINE M

Address: ASSOCIATE COUNTY ATTORNEY

EXECUTIVE OFFICE BUILDING

101 MONROE STREET 3RD FL

ROCKVILLE MD 20850

Phone: 240-777-6700

Court Scheduling Information(Schedule is subject to change)

Event Date: O3/OllzOLl Event Time: 1O:OO AM Judge: CRAVEN, THOMAS L

Location: 5O Maryland Avenue 8th Floor Courtroom: 6

Description: MOTION TO DISMISS(PARTIAL)

Event Date: OalO4l2OlL Event Time: 01:30 PM

Descriotion : PRE-TRIAL

Event Date: OA/O4/2Oll EventTime: O1:3O PM

Descriotion : SETTLEMENT HEARING

Issues Information

Issue: NEGLIGENCE - DEFAMATION OF CHARACTER

Issue: MISREPRESENTATION OF FACTS

Issue: VIOLATfON

Issue: BREACH OF CONTRACT

Document Tracking

Docket Date: 1Ol2Ol2O1O DocketNumber: 1

Docket Descriotion: BILL OF COMPLAINT

Docket Type: Docket Filed By: Plaintiff

Docket Text: COMPLAINT AND DEMAND FOR JURY TRIAL, FILED.

Docket Date: 1Ol2O /2OIO Docket Number: 2

Docket Description: INFORMATION SHEET FILED


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Case Information Page 3 of5

Docket Text: PLAINTIFF'S INFORMATION SHEET, FILED.

Docket Date: 1Ol20 I2OLO Docket Number: 3

Docket Description: INSTRUCTIONS FOR SERVICE


Docket fsxl; PLAINTtrFF'S INSTRUCTIONS FOR SERVICE, FILED.

Docket Date: 1Ol21 l2OlO Docket Number: 4

Docket Description: ORDE& SCHEDULING HEARING CML TRK

Docket Type: Docket Filed By: Court

Ruling Judge: DEBELIUS, JOHN W III

. NOTICE OF SCHEDULING HEARING AND ORDER OF COURT - TRACK 3 (DEBELIUS,uocKet rext: J.), ENTERED. (COPIES MAILED)

Docket Date: 1Ol21 l2OLO Docket Number: 5

Docket Descript ion: NOTICE, NEW CASE NUMBER

Docket Type: Docket Fi led By: Court

Docker lsal; NOTICE SENT GMNG NEW CASE NUMBER TO ALL PARTIES.

Docket Date: 1Ol21 /2OtO Dockef Number: 6

Docket Description: SUMMONS ISSUED


THREE 30 DAY SUMMONSES ISSUED FOR PERSONAL SERVICE AND MAILED TODocKet lext:41agp1gy.

Docket Date: O1l13 /2OLL Docket Number: 7

Docket Description: MOTION, DISMISS (PARTIAL - CASE NOT CLOSED)

Docket Type: Motion Filed By: Defendant Status: Open

Ruling ludge; CRAVEN' THOMAS L

Reference Docket(s): Opposition: 15

DEFENDANT CITY OF ROCKVILLE, MARYLAND'S MOTION TO DISMISS O& IN THE

^^_,_^! _^._,. ALTERNATTVE FOR SUMMARY JUDGMENT, REQUEST FOR HEARTNG,ueLKeL

'c^L' MEMOR/ANDUM OF GROUNDS AND AUTHORITIES AND ATTACHMENTS, FILED.(LP)

Docket Date: O1l20/?OLL Docket Number: 8

Docket Description: NOTICE, HEARING DATE


-^._.. NOTICE OF HEARING DATE, FILED AND MAILED. (HEARING DATE: O3lOrl20ll)

DocKer text; (LP)

Docket Date: O1121 /2Ot t Docket Number: 9

Docket Description: HEARING, SCHEDULING HEARING, ALL PRESENT


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Ruling Judge: MASON' MICHAEL D

, SCHEDULING HEARING (MASON, I.) . ALL PARTIES PRESENT SCHEDULING ANDrrocKet rext: ppglplAL ORDERS DISTRIBUTED AND IN EFFECT,

Audio Media: 09-0121f 1 Start : 09:51:O9 Stop: O9:55:20

Docket Date: O1l21 lz0Ll Docket Number: 10

Docket Description: JUDGE/MASTER REFERS CASE TO ADR


Rul ing Judge: MASON, MICHAEL D

. couRT (MASON, J.) REFERS CASE FOR ALTERNATM DISPUTE RESOLUTION.Docket rext: 699p1 ApporNis iuoee wErNsrErN To BE THE MEDTAToR rN THrs cAsE.

Docket Date: O1l21 lz0lL Docket Number: 11

Docket Description: AFFIDAVIT OF SERVICE: SERVED

Docket Type: Docket Filed By: Other

AFFIDAVIT OF SERVICE ON COMPLAINT AND NOTICE OF SCHEDULING HEARTNGDocket lsft; AND ORDER OF COURT: SERVED AS TO CITY OF ROCKVTLLE CITY COUNCIL

w/s/o TANYA ON L2/L7/2011, FTLED. (LP)

Docket Date: O1l21 l20ll Docket Number: L2

Docket Descriotion: AFFIDAVIT OF SERVICE: SERVED

Docket Type: Docket Filed By: Other

AFFIDAVIT OF SERVICE ON COMPLAINT AND NOTICE OF SCHEDULING HEARINGDocket l6yt; AND ORDER OF COURT: SERVED AS TO ROCKVILLE FOOTBALL LEAGUE AND ERIC

HECKMAN W lslO MR. DEMUS ON L2/02/2011, FTLED. (LP)

Docket Date: O1126/2011 Docket Number: 13

Docket Description : ORDE& SCHEDULING

DocketType: Docket Filed By: Court

Rul ing Judge: DEBELIUS, JOHN W I I I

Docket 1sx1; SCHEDULING ORDER (DEBELIUS, J.) TRACK 3 ENTERED. (COPIES MAILED)

Docket Date: O1l26lZOIL Docket Number: L4

Docket Description: SCHEDULING AND PRETRIAL HEARING ORDER


Rul ing Judge: DEBELIUS, JOHN W I I I

_^._.. SCHEDULING ORDER AND PRETRIAL HEARING ORDER - TRACK 3 (DEBELIUS, J.)uocKet lext: gplgpED. (COpIES HANDED)

Docket Date: Ol,/31l2OtL Docket Number: 15

Docket Descriot ion: OPPOSITION TO MOTION

Docket Type: Opposit ion Fi led By: Plaint i f f

Reference Docket(s): Motion: 7

Docket 1sx1' PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS, OR, IN THE ALTERNATM,MOTION FOR SUMMARY JUDGMENT, MEMORANDUM OF LAW IN SUPPORT AND

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ATTACHMENTS, FILED.

Docket Date:

Docket Description:

Docket Type:

Docket Text:

OL|SU20ll Docket Number: 16

LINE TO REISSUE

Docket Filed By: Plaintiff

PLAINTIFF'S LINE TO RE.ISSUE, FILED.

Docket Date:

Docket Description:

Docket Type:

Docket Text:

O2l02/20ll Docket Number: 17

NOTICE, EXISTING SCHEDULE

Docket Filed By: Court

NOTICE OF EXTSTING SCHEDULE SENT TO PATRICTA P. VrA, ESQ., FTLED.

Docket Date:

Docket Description:

Docket Type:

Docket Text:

O2lO2|ZOLI Docket Number: 18

SUMMONS REISSUED

Docket Filed By: Court

TWO 30 DAY SUMMONS REISSUED AS TO ERIC HECKMAN AND ROCKVILLEFOOTBALL LEAGUE BOARD.

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02/28/20L 10:99 FAX 301 36514" '9

scoTT SHTRLEY,

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ALLSTATEr:'.'.')..

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Plaintiff

IN THE

CIRCIIIT COIIRT FOR

MONTGOMERY COUNTY

Case No,: 339630-VERIC IIECKMAN, et rI.,

Defendarrts*********

AFFIDAVTT Or ERIC HECKMAN

I, Eric Hectrrnan, am over the age of I E and am compctent to testify to tbe matters set fofih

herein

I am President of the Rockville Football League;

As ofthe date ofmy signature below, I have not been personally served with a

Summons and Complaint concerning the above-referenced mflfier;

3. The purported service address reportedly used by Plaintiff, 1325 Seven Locla Rrl,

Potornac, Maryland 20854, is not my dwelling house nor my usual plaoo of abode;

4, Plaintiffs retum of service on the Rockville Football League reportedly irrdicates

service upon a "Mr. Demus";

Iv{r. Demrx is not and hss nwer been, president, secretary, freasuer, manflger,

director, vice president, assistant secretary, assistant heasurcr, shareholder, employee, agent or

resident agent ofthe Rockville Football League; and

IUr. Demus does not have, and has never had, express or implied auttrority to acft?t

service of pmcess on my behalf, nor on behalf ofthe Rocladlle Football Lesgue.

I SOLEMT{LY AITIRM TINDER THE PENALTIES OF PEITIURY A}TD UIIONPER,SONAL Itr{OWLEDGE TIIAT THE CONTENTS OF TIIE FOREGOING PAPERARE TRTTE.

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RFL_Heckman Motion to Dismiss

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