Yoos et al v. PublishAmerica LLLPMOTION to Dismiss for Failure to State a Claimand to strikeD. Md.July 18, 20121 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DARLA YOOS, et al. ) ) Plaintiff ) ) v. ) Case No. 12-cv-1696 ) PUBLISH AMERICA, LLLP ) ) Defendant ) ) ______________________________) DEFENDANT’S MOTION TO DISMISS AND TO STRIKE Pursuant to Fed. R. Civ. Proc. 12, Defendant Publish America, LLLP (“PA”), moves to dismiss the complaint for failure to state a claim and to strike immaterial allegations therein. The Court should dismiss the claims brought by Plaintiffs under the Maryland Consumer Protection Act (“CPA”) because Plaintiffs are not consumers; they have entered into a commercial enterprise with PA pursuant to which they split the proceeds from sales of their literary work made by PA. This profit sharing relationship is not a relationship that is protected by the (“CPA”). Plaintiffs’ declaratory judgment count should also be dismissed since the underlying CPA claim is defective. Furthermore, Plaintiffs are not entitled to quasi-contract remedies for unjust enrichment because their claims arise from contractual relationships with PA. Case 1:12-cv-01696-MJG Document 10 Filed 07/18/12 Page 1 of 2 2 For the foregoing reasons, as more full explained in the accompanying memorandum, Plaintiffs’ claims should be dismissed with prejudice and the allegations in paragraphs 23-35, 40-41, 47-53, and 56-71 should be stricken. Respectfully Submitted, _____________________ Victor E. Cretella III 230 E. Patrick St. Frederick, MD 21701 301-228-2705 vec@publishamerica.com Bar No. 13459 Counsel for PublishAmerica CERTIFICATE OF SERVICE I hereby certify that pursuant to Fed. R. Civ. Proc. 5(a) and LR 103(1)(C), a true and correct copy of the foregoing Motion, and all supporting papers, was served electronically pursuant to the Court’s CM/ECF systems to counsel for Plaintiffs, including: John B. Isbister, Daniel S. Katz, Tydings & Rosenberg LLP, 100 East Pratt Street, 26th Floor, Baltimore, MD 21202, on March 30, 2012. /s/ Victor Cretella Case 1:12-cv-01696-MJG Document 10 Filed 07/18/12 Page 2 of 2
