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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : ...o0o...

MERCANTILE-SAFE DEPOSIT & TRUST COMPANY v. RICHARD C. MROZ

Civil Action No. CCB-07-2255

MEMORANDUM Now pending before the court are cross motions for summary judgment. Plaintiff PNC Bank, National Association, the successor to Mercantile-Safe Deposit and Trust Company ("PNC"1), is suing Defendant Richard C. Mroz for breach of contract, stemming from Mroz's collection of a consulting agreement debt owed him by United Crane & Rigging Co., Inc., formerly known as United Rental Equipment Co., Inc. ("UCR"), in apparent violation of a previous subordination agreement between Mroz and PNC. Mroz has responded by counterclaiming that PNC tortiously interfered with the performance of that consulting agreement. The issues in this case have been fully briefed and no hearing is necessary. For the reasons stated below, PNC's motion will be granted and Mroz's motion will be denied.2

Although some of the transactions involved in this matter occurred before MercantileSafe Deposit and Trust Company came under the control of PNC, in the discussion that follows all such transactions will be described as PNC transactions. Also pending is a motion by Mroz for leave to file an amended answer and counterclaim in order to add the defense of res judicata. See Fed. R. Civ. P. 15(a); Local Rule 103.6. This motion will be denied. The motion was submitted over three months after the close of discovery, and over eleven months after Mroz first admits awareness of the res judicata defense (Mroz Mot. to Amend at 2), and allowing addition of this new defense now would be unduly prejudicial to PNC. See Foman v. Davis, 371 U.S. 178, 182 (1962) (denial of leave to amend is appropriate 1
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1

BACKGROUND The following facts are presented in the light most favorable to Richard Mroz. Mroz was the former owner of UCR, a company specializing in the rental of mobile cranes. Sometime in late 1993, Mroz stepped down as owner of the company and agreed to sell his stock ownership interest

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Maryland Law