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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : MEMORANDUM Now pending before the court is a motion for judgment on the pleadings filed by defendants Stephen Chadwick, Secant Medical, LLC, and Prodesco, Inc. The issues in this motion have been fully briefed and no hearing is necessary. See Local Rule 105.6. For the reasons stated below, the defendants' motion will be granted and the complaint will be dismissed as to these defendants. BACKGROUND In June 2002, plaintiff Micrins Surgical, Inc. ("Micrins") entered into a contract with defendant Neuroregen, LLC to be the exclusive distributor in the United States for Neuroregen's product known as Neurotube, a bioabsorbable nerve conduit used in surgical procedures. Defendant Secant Medical, LLC manufactures Neurotube for Neuroregen; Secant is a wholly-owned subsidiary of defendant Prodesco, Inc. Defendant Stephen Chadwick ("Chadwick") is the President and CEO of Secant Medical and Prodesco. On June 20, 2003, Neuroregen sent written notice to Micrins that it was terminating the distributorship agreement effective June 13, 2003, citing Micrins's failure to meet minimum purchase requirements set forth in the contract. (Second Am. Compl. at Ex. B.) Micrins alleges that

MICRINS SURGICAL, INC. v. NEUROREGEN, LLC, et al.

Civil No. CCB-04-152

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Neuroregen had no right to terminate the agreement when it did (id. at

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Maryland Law