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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

HARTE-HANKS DIRECT MARKETING/ BALTIMORE, INC. v. VARILEASE TECHNOLOGY FINANCE GROUP, INC., et al.

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Civil No. CCB-03-2775

MEMORANDUM Now pending before the court are motions filed by the defendants to dismiss all of the plaintiff's claims on various grounds, and a motion filed by the plaintiff for a preliminary injunction. For the reasons stated below, the court will (1) dismiss all claims against defendant Robert VanHellemont for lack of personal jurisdiction, (2) dismiss all claims against MVSS International, LLC for failure to state a claim, (3) dismiss all claims against CitiCapital Commercial Leasing Corporation for failure to state a claim, with leave to amend count seven, (4) deny the motion to dismiss count one as to defendants Varilease Technology Group, Inc., Worldwide Maintenance Company, and Varilease Technology Finance Group, Inc., (5) dismiss all other claims against Varilease Technology Group, Inc. and Worldwide Maintenance Company for failure to state a claim, with leave to amend count six, and (6) dismiss all other claims against Varilease Technology Finance Group, Inc. for failure to state a claim.

BACKGROUND

1

Plaintiff Harte-Hanks Direct/Marketing Baltimore, Inc. ("Harte-Hanks Baltimore") is a direct marketing company with its principal place of business in Baltimore, Maryland, and is a Maryland corporation. Harte-Hanks Baltimore is a subsidiary of Harte-Hanks, Inc. ("Harte-Hanks National"), a corporation with its principal place of business in San Antonio, Texas, and with affiliated offices in a dozen other states and around the world. Harte-Hanks Baltimore's claims arise from a Master Lease Agreement ("MLA") entered into on June 22, 2001 by Harte-Hanks National and Varilease Technology Group, Inc., an Arizona corporation ("Varilease Arizona").1 Under the MLA, HarteHanks National agreed to lease sophisticated laser printers from Varilease Arizona for a period of 48 months, at a base monthly rental rate of over $59,000. (Compl. at Ex. 1, MLA, at Sched. 01 and 02, at

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