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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : GLENN R. BUTLER : v. : Civil Action No. DKC 2005-0435 : VISIONAIR, INC. : MEMORANDUM OPINION Presently employment pending and ready is for the resolution motion of in this

compensation

dispute

Defendant

VisionAIR, Inc. ("Defendant"), to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) or, in the alternative, for summary judgment under Fed.R.Civ.P. 56. Paper no. 8. Defendant

contends that Plaintiff has failed to state a claim on which relief may be granted because (1) the claims are barred by the applicable statute of limitations and (2) Defendant has paid Plaintiff all of the money he is owed. In the alternative,

Defendant asserts there is no genuine issue as to material fact and Defendant is entitled to judgment as a matter of law. The

issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the

reasons that follow, the court grants in part Defendant's motion to dismiss and denies Defendant's motion for summary judgment. I. Background

On January 11, 2005, Plaintiff Glenn R. Butler ("Plaintiff") filed a complaint in the Circuit Court for Montgomery County alleging that his former employer, VisionAIR, Inc., owed him commissions for software license sales he made during his

employment with Defendant.

The complaint asserts that Plaintiff

worked for Defendant from March 29, 1999, until March 19, 2001.1 Plaintiff alleges that he was owed commissions at the time of his separation and that additional sales invoices have been paid to VisionAIR for which he is due commissions.2 He asserts claims

under the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl.

Download Glenn R. Butler v. VisionAIR, Inc..pdf

Maryland Law