Machie v. Green et al, No. 8:2015cv03360 - Document 8 (D. Md. 2015)

Court Description: MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 12/11/2015. (Attachments: # 1 Case Information Sheet)(c/m 12/11/2015 aos, Deputy Clerk)

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Machie v. Green et al Doc. 8 Att. 1 Case lnfonnation Page I of 6 ClfrUit Coun of I'-'Myland Go BFl(k Now CaseInformation Court Svstern;Circuit Court for Prince George's County - Civil System Case Number:CAL15-04510 Case Description:Rosenberg vs Machie Case TVDc;Contract Filing Date:03/12j2015 Case Status:Active Status --------------------------- -------- Plaintiff/ Petitioner Information Party Type: Plaintiff Party No.: 2 Name: Rosenberg and Fayne LLP Address: 5402 Kenilworth City: Riverdale Avenue State: MO Party Type: Plaintiff Zip Code: 20737 Party No.: 1 Name: Eric F Rosenberg Address: 5402 Kenilworth City: Riverdale Avenue State: MD Zip Code: 20737 Defendant/ Respondent Information Party Type: Defendant Name: Edmond Party No.: 3 Machie Address: 2700 19th Street, South City: Arlington State: VA Zip Code: 20002 Attorney Information Name: Phillip R Zuber Attorney Type: Attorney Address: 5407 Water Street City: Upper Marlboro State: MD ZIp Code: 20772 Court Scheduling Information Event Type: Disposition Hearing Event Date: 10/30/2015 Result: Disposition Start Time: 09:00:00 Hearing Moot Result Date: 10/21/2015 Event Type: Motions Hearing Event Date: 10/02/2015 Start Time: 13:30:00 Result: Motions Hearing Held Result Date: 10/02/2015 Event Type: Status Hearing Event Date: 10/02/2015 Start TIme: 13:30:00 Result: Status Conference Held Result Date; 10/02/2015 http://caseseareh.eourts.state.md.us/casesearch/inquiry Detail.j is'?caseld=Ci\ ... 12/9/2015 Dockets.Justia.com Case !nfonnation Page 2 of 6 Event Type: Try By Date Event Date: 07/04/2016 Result: Start Time: 09:00:00 Result Date: Event Type: Status Hearing Event Date: 12/11/2015 Result: ------- -- Start Time: 09:00:00 Result Date: ------------- -- - ---- -- -- ----- Judgment Information (Each Judgmelll Judgment ;5 displayed separately.) Date: 10/20/2015 Status Entered Against: Status Date: 10/20/2015 $52000 Amount; EdmondMachie Dockets (Each Document listed. Dowrnenls are listed in Document No./SeqtJence No. order) Date: 03{12{2015 Document Name: CaseType: Contract Docket Text: Date: 03{12{2015 Document Name: Complaint, Fd. Docket Text: 001 with Exhibits, fd. mlw e 3/28/15 Date: 03{12{2015 Document Name: Plaintiff"s Information Sheet Docket Text: 002 mlw Date: 03{12{2015 Document Name: Summons Issued For Defendant Docket Text: 003 mlw Date: 03{27{2015 Document Name: Affidavit of Service, fd Docket Text: 004 SERVED Edmond Machie ON 3/18/1S,fd.acc Date: 04{17{2015 Document Name: Motion To Dismiss, Fd. DOS Defendant's Memorandum and Motion to Dismiss Plaintiff's Frivolous and Complaint wI attached exhbits,fd.acc e 4/24 (tagged for Judge Dawson wI hold) Docket Text: Fraudulend Date: 05{05{2015 Document Name: Reply, filed Docket Text: 006 Plaintiff's Answer to Defendant's fd.{klf e: 05-14-2015 (Woodard) "Memorandum and Motion to Dismiss", Date: 06{03{2015 http://casesearch.courts.state.md.us/cascscarch/inquiry Detai l.jis?caseId=CA... 12/9/2015 Case Infomlation Page 3 of6 Document Name: Order of Court, filed 007 Order dated 6/2/2015, Judge Dawson, Ordered that the Motion to Dismiss Docket Text: Plaintiffs' Frivolous and Fraudulent Complaint be and it is hereby Oenied,fd.acc cc to P. Zuber and E. Machie Date: 06{11{2015 Document Name: Request For Hearing, Fd. Docket Te t. 008 Defendant's Request For Hearing on Motions to Plaintiff's frivolous and x . Fraudlent Complaint, fd. dml e 07/08/15 (tagged for assignment office) Date: 06{12{2015 Document Name: Line, filed Docket Text: 009 Line Regarding Defendant's Request for Hearing, fd. dml e 07 /OB/ 15 Date: 06{12{2015 Document Name: Motion to Compel, fd D k t Txt' 010 Plaintiffs' Motion to Compel Discovery, fd. dml e 07/08/15 ac e e . Davey; attny walked to chambers) (tagged for Date: 06{22{2015 Document Name: Mot For Default Judgment, Fd. D k t T t. 011 Plaintiffs' Motion for Default Judgment Against Defendant Edmond Machie, oc e ex. fd. dml e 07 /OS/ 15 (tagged for Northrop;attny walked to chambers) ----- ----Date: 07{13{2015 Document Name: Order of Default, fd 012 Order dated 07/09/2015, Judge Northrop, Ordered, that Motion for Default D kct T t. is here.b.y DENIED: without prejudice. The motion must contain an affidavit of oc ex . non-military service and the last known address of the defendant, fd hc cc: P. Zuber, Esq and E. Machine (mailed by chambers) ---------~----------------------- -- ---- Date: 07{17{2015 Document Name: Reply, filed . 013 Defendants 23-2015 Docket Tex. t Response to Plaintiff's Motion For Default Judgment, fd hc e 7- Date: 07{21{2015 Document Name: Notice of Hearing, filed Docket Text: 014 fd, hc e 7-23-2015 Date: 07{23{2015 Document Name: Order of Court, filed 015 Order dated 07/17/2015, Judge Green, Ordered, that the Motion to Compel Discovery be and it is hereby GRANTED and the Defendant, Edmond Machie, is Docket Text: hereby directed to fully and completely answer the Plaintiff's Interrogatories, respond to the Requests for Production of Documents and provide all requested documents within 10 days of this Order, fd hc cc: P. Zuber Esq and Mr. Edmond Machie Date: 07{23{2015 Document Name: Order of Court, filed 016 Order dated 07/17/2015, Judge Green, Ordered, that a Motions/Status Docket Text: hearing shall be scheduled for October 2, 2015 @1:30prn, fd hc cc: P. Zuber, Esq, E. Spiering, Esq., E. Roseberg, Esq, and E. Machie (mailed by chambers) Date: 08{03{2015 Document Name: Rtnd Mail By Post Office Fd. Docket Text: 017 as to Mr. Edmond Machie,fd./va http://casesearch.courts.state.md.us/casescarch/inquiry EiS/10/15 Detai Ij is?caseld=CA... 12/9/20 I 5 Paue 4 of6 c Case Infom1ation Date, 08/03/2015 Document Name: Motion For Sanctions, Docket Te t' 018 Plaintiffs Fd. Motion for Sanctions for Defendant's x . Order Compelling Discovery,fd./va Failure to Comply with an E;B/IO/IS Date: 08/04/2015 Document Name: Rtnd Mail By Post Office Fd. Docket Text: 019 Mr. Edmond Machie,fd./va EiS/10/15 Date: 08/12/2015 Document Name; Reply, filed 020 Ijs,eB-14-15 Response Machie's Counterclaim and Docket Text: and Request to Compel Eris Edmond Machie Contesting (Green) in Opposition to Order/Motion to Compel Edmond Request to Compel Edmond Machie's Counterclaim Rosenberg and Temporary Restraining order the Prince George's County Circuit Court Jurisdiction Date: 08/17/2015 Document Name: Rtnd Mail By Post Office D k t T t. 021Ijs,e8-19-15 oc. e ex. (Green) Fd. Order of Court returned by mail as to Mr. Edward Machie Date: 09/08/2015 Document Name: letter, filed. Docket Text' 023 Letter to Judge Green (received , to Compel, fd hc e 9~9~2015 in chambers) Responding to Order/Motion Date, 09/03/2015 Document Name: Notice of Hearing, filed Docket Text: 022 fd, hc e 9-9-2015 Date, 09/09/2015 Document Name: Order of Court, filed 024 Order dated 08/31/2015, Judge Green, Ordered that all motions will be Docket Text: heard on October 2, 2015 at 1:30 p.m. before Judge Green, fd hc cc: E. Machie, P.Zuber, Esq, E. Spiering, Esq, and E. Rosenberg, Esq (mailed by chambers) Date: 09/10/2015 Document Name: Memorandum in Opposition, Docket Text: 025 djg Plaintiffs' Opposition Green) e09~21-15 fd to Defendant's Letter of July 30, 2015. (Judge Date: 10/02/2015 Document Name: Motions Hearing Held Docket Text: Date, 10/02/2015 Document Name: Status Conference Held Docket Text: Date: 10/16/2015 Document Name: Notice of Hearing, filed Docket Text: 026 fd, hc e 10-20-2015 Date: 10/20/2015 Document Name: Order of Court, filed http://casesearch.coul1s.state.md.us/casescarch/inquiry Dctai I.jis?caseld=CA ... 12/9/201 5 Page 5 of6 Case Infom1ation 027 Order dated 10/13/2015, Judge Green, Ordered that the Motion for Sanctions for Defendant's Failure to Comply With an Order of Compelling Discovery be and it is hereby GRANTED; it is further Ordered that as a disc;:overy sanction, Judgment by default is hereby entered in against the Defendant, Edmond Machie, in favor of the Plaintiffs, Eric F. Rosenberg and Rosenberg & Fayne, LlP; it is further Ordered that the Court having sufficient evidence before it to determine the amount of damages, and having determined that those damages are in the amount of FIFTY TWO THOUSAND DOLLARS ($52,000.00), judgment is hereby entered against the Defendant, Edmond Machie, in favor of the Plaintiffs, Eric F. Rosenberg and Rosenberg, in the amount of FIFTY TWO THOUSAND DOLLARS ($52,000.00) plus costs; it is further, Ordered that the Plaintiff's shall surrender to Washington Metropolitan Area Transit Authority (WMATA) the settlement check of $130,000.00 conditioned on WMATA's Docket Text: agreement to pay into the Registry of this court the sum of $130,000.00 which will be in full satisfaction of WMATA's obligations pursuant to the settlement agreement between Edmond Machie and WMATA in Edmond Machie v. Washington Metropolitan Area Transit Authority, Case No. 14-107 WCC in the United States District Court for the District of Maryland; and it is further, Ordered that upon payment by WMATA of the settlement funds $130,000 into the Registry of Court, counsel for the Plaintiffs shall notify in writing each person known to claim or have or potentially have a lien on the settlement proceeds that funds have been deposited with the Court and that if there is any claim to the proceeds, the claiming party shall promptly notify the Court; it is further Ordered that counsel for the Plaintiffs shallprovide the Court with a copy of each notice sent to potential lienholders; it is further Ordered that upon receipt into the Registry of Court of the settlement proceeds of $130,000, on request by the Plaintiffs, the Date, 10/20/2015 Document Name: Judgment for Plaintiff Docket Te to Entered in favor of the Plaintiff x ° amount of $52,000.00, fd hc and against the Defendant Edmond Machie in the Date, 10/21/2015 Document Name: Disposition Hearing Moot Docket Text: per chambers take off Oct. 30 docket Date, 10/22/2015 Document Name: Certificate of Service Fd. Docket Text: 028 Certificate of Service Regarding Letters of Health Care Providers,fd.acc Date: 10/22/2015 Document Name: Copy Chck-DepjCrt Registry"fd Docket Text: 029. Check in the amount reglstry,fd.acc of $130,000.00 deposited into the court Date: 10/28/2015 Document Name: Notice of Hearing, filed Docket Text: 030 fd, hc e 10-29-2015 Date: 10/26/2015 Document Name: Notice of Appeal, filed Docket Text: 031 Notice of appeal filed by the defendant. fdjsmb Paid: Date: Receipt: phc mailed Date: 10/30/2015 Document Name: Copy of Clerks Letter Docket Text: 033 copy of clerks letter requesting the $121.00 appeals fee. fdjsmb Date, 10/26/2015 Document Name: Motion for Waiver of Costs, fd 032 request for waiver of prepaid cost for assembling http://cascsearch.eourts.state.md.us/easesearch/inquiry the record for an appeal. Detai l.jis?caseld=CA... 12/9/2015 Page 6 of 6 Case Infonnation Docket Text: fd/smb Date: 11/02/2015 Document Name: Letter, filed. Docket Text: 034 Ijs,e11-5-15 Copy of Letter with attachments (Green) Date: 11/03/2015 Document Name: Docket Text: Letter, filed. 035 Ijs,ell-S-15 Copy of letter with attachments (Green) Date: 11/16/2015 Document Name: Letter, filed. . 036 Copy of Civil Appeal DDC ke t Tex. 11/16/2015 t Information Report wjattachments fd/keh Date: 11/04/2015 Document Name: Line, filed Docket Text: 037 Claim of Northern Virginia Pain & Rehab Center PC, fd he e 11-17-2015 Date: 11/06/2015 Document Name: Docket Text: Line, filed 038 Line Asserting Attorney's Lien, fd he e 11-17-2015 Date: 11/17/2015 Document Name: Docket Text: Registry:Courts Release Funds 039 Check released at the Counter to Michael Adams, fd he e 11-17-2015 • Date: 11/15/2015 Document D Name: k l T oc e Rtnd Mail By Post Office Fd. t' 040 Ijs,e11-25-15 Memorandum ex, Edmond Machie (Green) and Order of Court returned by mail as to Mr. Date: 11/25/2015 Document Name: Order to Proceed WO Pre Conf k t T D DC e t' 040 No. 01918 September ex. January 22, 2016 fd/keh This is an electronic case record. Full case information Term, 2015 11/25/2015 Due to the Court of Special Appeals on cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, inherent or because of the practical difficulties in reducing a case record into an electronic format. http://easesearch.courts.state.md.us/caseseareh/inquiry Detai l.jis?caseld=CA... 12/9/2015

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