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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND WOOTTON ENTERPRISES, INC., Plaintiff v. SUBARU OF AMERICA, INC., Defendant : : : : : : : ...o0o...

Civil No. AMD 99-810

MEMORANDUM Plaintiff, Wootton Enterprises, Inc. ("Wootton"), a Maryland automobile dealership, has brought state common law breach of contract claims and federal and state statutory claims against Subaru of America, Inc. ("Subaru"), a new automobile distributor.1 In consequence of proceedings related to prior motions to dismiss filed in this case, and by orders entered on August 16, 1999, and March 17, 2000, I dismissed the great bulk of Wootton's myriad claims as legally insufficient. In particular, I concluded that, as a matter of law, a broad release of claims contained within the most recent franchise agreement between the parties was valid and enforceable. Accordingly, I concluded that Wootton could pursue only those claims not encompassed by the release, i.e., those claims arising from Subaru's acts and omissions occurring after the March 1, 1998, effective date of the 1998 franchise agreement. Discovery has now concluded. Pending before the court is Subaru's motion for summary judgment

Wootton's 51 page, 149 paragraph second amended complaint contained nine separately stated counts, most with "sub-counts" and "sub-sub-counts." In the vast majority of the reported cases of this sort, automobile franchisees rely most heavily upon the federal statute, the Automobile Dealer's Day in Court Act, 15 U.S.C.

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Maryland Law