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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND RICHARD LAWRENCE FRIEMAN * * * * Civil No. JFM-09-2903 * FLIPPING FOR PHONICS, INC. * ***** MEMORANDUM

Defendant has filed a motion to dismiss this action for lack of personal jurisdiction. The motion will be granted. Defendant is a small business whose only office is in Boca Raton, Florida. Defendant produces and markets children's books and other educational materials. Plaintiff's mother informed Ellen Steiner, the vice president of defendant, that plaintiff was an illustrator. In 2007, at a gathering in Florida hosted by plaintiff's mother, Steiner approached plaintiff and told him that defendant was looking for someone to provide illustrations and stories for reading materials to be used in connection with a product being developed by defendant. Plaintiff gave Steiner his contact information. In October 2007, Steiner sent defendant an email describing the nature of plaintiff's contemplated relationship with defendant. Specifically, the email stated that plaintiff would send "art work, illustrations, and written workboards" to Florida to be used in connection with defendant's materials. Plaintiff signed the email and faxed it to defendant. Steiner signed and accepted the document on defendant's behalf in Florida. None of defendant's representatives have ever visited Maryland for business reasons, and defendant has no offices, employees, or bank accounts in Maryland. Plaintiff did perform some

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work for defendant, including attending a conference in the District of Columbia, for which he was compensated by checks sent to Maryland. However, ultimately defendant concluded that plaintiff's style was inconsistent with its product and informed plaintiff that defendant would not be using any of his work in its books and materials. Plaintiff then instituted this action based on the October 2007 email, seeking recovery for 25% of defendant's profits for an unspecified period. Plaintiff relies upon

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Maryland Law