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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

LEXINGTON MARKET, INC. Plaintiff, v. DESMAN ASSOCIATES

* * * * * Case No. RDB 08-3171

Defendant. * * * * * * * * * * * * * *

MEMORANDUM OPINION Plaintiff Lexington Market originally filed this action in the Circuit Court for Baltimore City, alleging various state law claims related to inadequate garage repairs conducted by Defendants Desman Associates ("Desman") and Eastern Waterproofing & Restoration Company, Inc. ("Eastern"). The case was removed to this Court shortly after the nondiverse defendant, Eastern, settled with Lexington Market. Now pending is Lexington Market's Motion to Remand (Paper No. 11). The motion has been fully briefed and this Court conducted a hearing to address the pending motion on February 10, 2009. For the reasons stated herein, Lexington Market's motion is GRANTED. BACKGROUND Plaintiff Lexington Market, a Maryland corporation with its principal place of business in Baltimore, Maryland, and Defendant Desman, a Delaware corporation with its principal place of business in New York, New York, entered into two contracts, dated March 3, 2004 and April 1, 2004, in which Desman agreed to evaluate a parking garage operated by Lexington Market and

provide for necessary repairs. (Compl.

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Maryland Law