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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ODESSA GHEE v. GOODWILL INDUSTRIES OF THE CHESAPEAKE, INC. * * * Civil No. JFM-09-251 * * * *****

MEMORANDUM

Plaintiff has brought this pro se action under the Americans With Disabilities Act against Goodwill Industries of the Chesapeake, Inc. Three motions are pending: (1) plaintiff's motion to remand the case to the Circuit Court for Baltimore City, from which it was removed, (2) defendant's motion to dismiss or for summary judgment and (3) plaintiff's motion to dismiss affidavit submitted in bad faith. Plaintiff's motions will be denied, and defendant's motion to dismiss or for summary judgment (to which plaintiff has responded) will be treated as one for summary judgment and, as such, will be granted. As to plaintiff's motion to remand, the record makes clear that although plaintiff served copies of the summons upon employees of defendant, she never served a copy of the complaint upon defendant. Defendant obtained a copy of the complaint only when his counsel, recognizing that she was acting pro se, obtained the copy from the clerk of the Baltimore City Circuit Court on January 21, 2009. This action was promptly removed to this court on February 4, 2009. This removal was well within the 30 day window provided by 28 U.S.C.

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