Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

SHOREGOOD WATER COMPANY, INC., et al., Plaintiffs, v. U.S. BOTTLING COMPANY, et al., Defendants. * * * * *

*

* * * * * * * * * * * Civil Action No. RDB 08-2470

MEMORANDUM OPINION ShoreGood Water Company, Inc. ("ShoreGood"), Dennis Kellough, and Bonnie Kellough (together "Plaintiffs" or "Counter-Defendants"), filed suit against U.S. Bottling Company ("U.S. Bottling"), The Image Makers, Ltd. ("Image Makers"), William Voelp ("Voelp"), John D. Cecil ("Cecil"), and John T. Cecil, Jr. ("Cecil Jr.") (together "Defendants"), asserting various causes of action and seeking relief as a result of a failed business venture between the parties. Voelp and Cecil, proceeding pro se, each subsequently asserted counterclaims along with their respective answers to Plaintiffs' complaint, and on October 19, 2009, they were granted leave to submit amended counterclaims. Currently pending before this Court are Plaintiffs' Motion to Dismiss Amended Counterclaim of William G. Voelp and for More Definite Statement (Paper No. 70) and Motion to Dismiss Amended Counterclaim of John David Cecil and for More Definite Statement (Paper No. 71). The parties' submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D. Md. 2009). For the reasons stated below, Plaintiffs' motions are GRANTED IN PART, specifically as to claims of quantum meruit, attorneys' fees, tortious interference with prospective business relations, and

shareholder derivative claims, but are DENIED IN PART, specifically as to claims for specific performance, breach of contract, promissory estoppel, wrongful termination of contract, and other claims for tortious interference with prospective business relations. BACKGROUND In 1999, William Voelp ("Voelp") and John D. Cecil ("Cecil") (together "Counterclaimants") established Image Makers, a corporation organized under Maryland law.1 (Am. Countercls.

Download ShoreGood Water Company, et al. v. U.S. Bottling Company, et al..pdf

Maryland Law