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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DONNA G. WOODS, Individually and on behalf of a class of consumers similarly situated v. STEWART TITLE GUARANTY COMPANY : : : : : : : : ...o0o...

CIVIL NO. CCB-06-705

MEMORANDUM Now pending before the court are the plaintiff's motion for leave to amend the complaint and the defendant's motion for summary judgment and decertification of the class. Plaintiff Donna G. Woods filed the present action against defendant Stewart Title Guaranty Company ("Stewart") alleging that Stewart overcharged her and other consumers who refinanced their homes within ten years of obtaining valid title insurance on the same property by not providing them discounted "reissue" rates as required by Stewart's rates filed with the Maryland Insurance Commission. Previously, this court dismissed all but Ms. Woods's claim under Maryland law for money "had and received" (2006 WL 2135518) (D. Md. July 28, 2006), and certified a class with regard to her remaining claim. (2007 WL 2872219) (D. Md. Sept. 17, 2007). The complete factual background of Ms. Woods's lawsuit will not be reiterated here. Following the Fourth Circuit's decision in Arthur v. Ticor Title Ins. Co., 569 F.3d 154 (4th Cir. 2009), upholding the dismissal of a similar claim for money had and received for failure to exhaust administrative remedies with the Maryland Insurance Commissioner, Ms. Woods now seeks leave from the court to amend her complaint to add claims for negligence, breach of implied contract, and violations of the Racketeer Influenced Corrupt Organizations Act ("RICO"), 15 U.S.C.

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Maryland Law