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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ELLEN R. LEVY GRAY and SCOTT W. GRAY, Plaintiffs v. RITE AID CORPORATION, Defendant : : : : : : : : ...o0o...

CIV. NO. AMD 02-636

MEMORANDUM This is a professional malpractice action arising under Maryland law brought by plaintiffs Ellen and Scott Gray against Rite Aid Corporation ("Rite Aid"). Rite Aid removed the case from state court based on diversity of citizenship. Now pending is the plaintiffs' motion for remand of this case to state court on the ground that the removal was untimely. No hearing is needed. The motion for remand shall be granted. There is no dispute as to the facts or the procedural history surrounding this matter. Plaintiffs are citizens of Maryland; Rite Aid is a Pennsylvania corporation with its principal offices in that state. Rite Aid operates pharmacies in Maryland, including a pharmacy known as "Pharmacy No. 4465," which is a retail business located at 1224 Palamore Road in Baltimore County. On or about November 6, 2001, plaintiffs filed suit against Rite Aid and "Rite Aid Pharmacy #4465" in the Circuit Court for Baltimore County. Plaintiffs' six count state court complaint alleged that Mrs. Scott was injured as a result of inaccurate instructions delivered to her with a prescription she had filled at Pharmacy No. 4465. Thus, plaintiffs sought damages for personal injury and loss of consortium on theories of negligence, strict

liability and breach of warranty. On or about December 19, 2001, Rite Aid filed in the circuit court its motion to dismiss. Specifically, Rite Aid moved to "dismiss Rite Aid Pharmacy No. 4465, and [c]ounts 2, 3 and 5" of the complaint. See Pls.' Response, Exh. B, at 1 (Rite Aid's Motion to Dismiss filed in state court). In support of its motion to dismiss, Rite Aid argued that "Rite Aid Pharmacy No. 4465" was not amenable to suit under Maryland law because it is simply "a property or store location." See Id. (attach.), Mem. in Supp. Mot. Dismiss, at 4. On February 25, 2002, a judge of the Circuit Court for Baltimore County granted Rite Aid's motion in part and dismissed all claims asserted against "Rite Aid Pharmacy No. 4465." Thereafter, on February 28, 2002, Rite Aid removed the case to this court by filing its notice of removal. Plaintiffs timely moved for remand on March 5, 2002. Ordinarily, a notice of removal must be filed "within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based." 28 U.S.C.

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Maryland Law