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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : BIGG WOLF DISCOUNT VIDEO MOVIE SALES, INC. : v. MONTGOMERY COUNTY, MARYLAND : MEMORANDUM OPINION Presently pending and ready for resolution in this case raising a constitutional challenge to a Montgomery County zoning ordinance restricting "adult entertainment businesses" are the following motions: (1) the motion of Plaintiff Bigg Wolf Discount Video Movie Sales, Inc. ("Plaintiff" or "Bigg Wolf") to join and consolidate with the case of Mid-Atlantic Management Corporation ("Mid-Atlantic"); (2) the motion of Bigg Wolf to strike material provided by Defendant Montgomery County ("Defendant" or "the : Civil Action No. DKC 2001-3386 :

County") after the discovery deadline had passed; and (3) the motion of Defendant for summary judgment and its counterclaim for injunctive relief. The issues have been fully briefed and no Local Rule 105.6. For reasons that

hearing is deemed necessary.

follow, Plaintiff's motions to consolidate and strike will be denied. Defendant's motion for summary judgment will be granted in part, but its counterclaim for injunctive relief will be dismissed without prejudice.

I.

Background

Unless otherwise noted, the following facts are undisputed. Plaintiff Bigg Wolf is the owner and operator of a retail store at 9421 Georgia Avenue, Silver Spring, Maryland. The store's primary

merchandise is comprised of prerecorded videocassettes and DVDs for purchase and rental. A majority of these are sexually explicit.

The store also sells sexually-oriented merchandise such as condoms, sex toys and sexual lubricants. Bigg Wolf limits the Paper no. 5, Ex. 1. of sexually explicit

availability

merchandise in its store to consenting adults aged 21 or older. Such merchandise is confined to a separate rear area of the store that is set apart from the rest of the store and which is not visible from the rest of the store or the street.

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