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Carlos Peters v. BMW of North America, Inc. (Order)
State: Maryland
Court: Maryland District Court
Case Date: 09/15/2005
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : CARLOS PETERS : v. : Civil Action No. DKC 2004-3451 : BMW OF NORTH AMERICA, INC. : ORDER For the reasons stated in the foregoing Memorandum Opinion, it is this 15th day of September, 2005, by the United States District Court for the District of Maryland, ORDERED that: 1. Defendant's motion to dismiss (paper 11) same hereby IS, GRANTED; 2. Plaintiff's complaint BE, and the same hereby IS, BE, and the

DISMISSED with prejudice; 3. Defendant's motion for issuance of a permanent

injunction (paper 12) BE, and the same hereby IS, GRANTED; 4. The court finds that the issuance of an injunction is

necessary to preserve and protect the jurisdiction of this court to decide the merits of this case by preventing Plaintiff from filing collateral attacks on the foregoing dismissal with

prejudice by way of Plaintiff filing involuntary bankruptcy proceedings, liens, UCC financing statements, and other

encumbrances naming BMW, its officers, employees, attorneys,

related entities and agents as purported debtors, and that, absent the issuance of an injunction, there is a substantial likelihood that Plaintiff, who has threatened to file fraudulent involuntary bankruptcy proceedings against BMW and its officers, and who has already filed a fraudulent UCC financing statement naming himself as both debtor and creditor, will file such bankruptcy petitions or other fraudulent liens, UCC financing statements, and encumbrances naming BMW, its officers,

employees, attorneys, related entities and agents as purported debtors; 5. Plaintiff Carlos Peters is HEREBY ENJOINED from filing

any involuntary bankruptcy proceeding, liens, UCC Financing Statements, and other encumbrances naming BMW, its officers, employees, attorneys, related entities and agents as purported debtors, without first seeking and obtaining leave from the undersigned or from a United States District Court of competent jurisdiction; and 6. The clerk will transmit copies of the Memorandum Opinion and this Order to Plaintiff and to counsel for Defendant and CLOSE this case.

/s/ DEBORAH K. CHASANOW United States District Judge

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