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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : THOMAS C. FLEETWOOD, JR. : v. : Civil Action No. DKC 2003-2125 : B.C.E., INC. : MEMORANDUM OPINION Presently pending and ready for resolution is the motion of Defendant B.C.E., Inc. (BCE) to dismiss Plaintiff's complaint for a lack of personal jurisdiction under Fed.R.Civ.P. 12(b)(2) or, in the alternative, for a failure to state a claim under Fed.R.Civ.P. 12(b)(6). The issues have been fully briefed and Local Rule 105.6. For the

no hearing is deemed necessary.

reasons that follow, Defendant's motion will be granted. I. Introduction Prior to February 11, 2002, Plaintiff Thomas Fleetwood worked for over 30 years at Xerox Corporation as a marketing executive. During 2001, Plaintiff was recruited by Teleglobe

USA, Inc. (Teleglobe USA),1 a sixth-tier subsidiary of Defendant Defendant contends that the legal name of Plaintiff's employer is Teleglobe USA and that the name BCE Teleglobe, occasionally used by Plaintiff, is only a trade name. While Plaintiff initially refers to his employer as BCE Teleglobe, he also uses the name Teleglobe USA interchangeably throughout his opposition. See paper no. 8, at 6. To maintain consistency, the court will refer to Plaintiff's employer by its legal name, (continued...)
1

BCE,

to

work

in

Teleglobe

USA's

Federal

Government

Sales

Division.2 Teleglobe

Plaintiff alleges that, while recruiting Fleetwood, USA represented that there existed a close

interdependent relationship between Teleglobe USA and its parent company, BCE. Based upon the representation that Teleglobe USA

was both endorsed and sponsored by BCE, Fleetwood accepted the position with Teleglobe USA as the Manager for the Federal Government Sales Division. See paper no. 1,

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Maryland Law