Warn v. Sears, No. 8:2023cv02466 - Document 10 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 12/18/2023. (c/m:Sears) (hmls, Deputy Clerk)
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Warn v. Sears Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND KENNETH L. WARN, Plaintiff, Counterclaim Defendant, Civil No. 23-2466 PJM V. JANAY SEARS, Defendant, Counterclaim Plaintiff. MEMORANDUM OPINION Janay Sears has filed a pro se Motion to Dismiss(ECF No. 6) Kenneth L. Wam's pro se Amended Complaint. Warn has not filed a response in opposition, but he has filed a Motion to Deem Defendant Served (ECF No. 9). Upon review of the parties' submissions, the Court finds no hearing necessary. See D. Md. Local R. 105.6. For the reasons that follow, the Court will GRANT Wam's Motion to Deem Defendant Served (ECF No. 9) and DENY Sears' Motion to Dismiss(ECF No. 6). BACKGROUND' Wam alleges that in August 2021, he and Sears entered a "Financial Agreement Between Parties" (the "Agreement"), whereby Wam would provide funds to Sears for her to invest in a "larger entity" of other investing individuals. ECF No.4 5-6. Warn states that the Agreement contemplated that Sears would "protect" his funds,"invest same in a manner consistent with" his 'As will be explained below, for the purposes of resolving a motion to dismiss, the Court must accept all well-pled facts in a complaint as true. See E.l. du Font de Nemours & Co. v. Kolon Indus., Inc., 637 F.Sd 435, 440 (4th Cir. 2011)(citation omitted). Accordingly, this Background section recounts the facts as they appear in Wam's Amended Complaint. At this stage, the Court does not and cannot express any view as to whether the facts alleged in the Amended Complaint are true. Dockets.Justia.com
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