Alexander v. Washington Gas Light Co.

• Citation: 481 F.Supp.2d 16
• Decision Date: 23 February 2006
• Docket Number: No. CIV.A. 05-913(CKK).,CIV.A. 05-913(CKK).
• Parties: Samuel L. ALEXANDER Plaintiff, v. WASHINGTON GAS LIGHT COMPANY, et al., Defendants.
• Court: U.S. District Court — District of Columbia

481 F.Supp.2d 16

Samuel L. ALEXANDER Plaintiff, v. WASHINGTON GAS LIGHT COMPANY, et al., Defendants.

No. CIV.A. 05-913(CKK).

United States District Court, District of Columbia.

February 23, 2006.

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Samuel L. Alexander, pro se, Waldorf, MD, for Plaintiff.

Paul H. Teague, Washington Gas Light Company, Washington, DC, Nicole Michelle Meyer, Dickinson Wright, PLLC, Washington, DC, William Leonard Mitchell, II, Eccleston & Wolf, P.C., Washington, DC, for Defendants.

MEMORANDUM OPINION

KOLLAR-KOTELLY, District Judge.

In the instant case, Plaintiff, Samuel L. Alexander, proceeding pro se, brings suit against a number of parties related to a contract signed by Plaintiff for the purchase and installation of gas-fired furnaces, Plaintiffs unpaid debt stemming from this contract, and successful civil litigation against Plaintiff in the District Court for Charles County, Maryland, for the amount of the unpaid debt. Presently before the Court are three dispositive motions: Defendants Washington Gas Light Company, Ted Bonora, and Paul Teague's [13] Motion for Summary Judgment or Alternatively, to Dismiss for Failure to State a Claim ("WGL Defendants' Dispositive Motion"); Defendants Jerome Stanbury and Adam Kish as individuals and corporate entities as well as A.C: & S. Collections, Inc.'s [17] Motion to Dismiss or, in the Alternative, Motion for Summary Judgment ("Stanbury Defendants' Dispositive Motion"); and [19] Defendants John LaRose, Compu-Link Corporation and Celink's Motion for Summary Judgment Pursuant to Fed.R.Civ.P. 12(b)(6) and 56(e) ("Compu-Link Defendants' Dispositive Motion").

After the Court issued an [21] Order informing Plaintiff of the consequences of failing to respond to a dispositive motion, Plaintiff filed [23] Plaintiffs Motion to Strike Insufficient Defenses and Other Matter, Memorandum of Points and Authorities in Support of Motion to Strike Motion to Strike (sic) in response to one of dispositive motions ("Motion to Strike 1"), and later filed [30] Plaintiffs Motion to Strike Insufficient Defenses and Other Matter and Memorandum of Points and Authorities in Support of Plaintiffs Motion to Strike in response to the other two dispositive motions ("Motion to Strike 2"). All Defendants filed memoranda in opposition to Plaintiffs Motions to Strike. See docket entries [24], [31], and [32].

Finally, Plaintiff filed [33] Motion for Leave to Amend Complaint and First Amended Verified Complaint and Demand for Jury Trial ("Motion to Amend"). All Defendants filed memoranda in opposition to Plaintiffs Motion to Amend. See docket entries [34], [35], and [36].

After considering the aforementioned documents, the Complaint, and the relevant case law, the Court shall GRANT all three of Defendants' dispositive motions; DENY both of Plaintiffs Motions to Strike; and DENY Plaintiffs Motion to Amend.

I: BACKGROUND

As a preliminary matter, the Court notes that the facts in this case were in large part litigated in or a product of civil case proceedings before the District Court of Charles County, Maryland, wherein Plaintiff in the instant case was held liable for breach of contract. See Washington Gas Light Co. v. Alexander, No. 622-04 (D.C. Charles County MD 2004), aff'd, No. C04-1466 (Cir. Ct. Charles County MD 2005).

Plaintiff signed a contract in Rockville, Maryland, with Combustioneer Corporation on November 2, 1998, for the purchase and installation of twelve gas-fired furnaces; Washington Gas Light Company ("WGL") was the assignee on the contract. Compl. ¶ 18; WGL's Disp. Mot. Exh. 1 at 8 (Contract)¹ While Plaintiff then resided in Upper Marlboro, Maryland, the furnaces were to be installed in property located in Washington, D.C.; Washington, D.C. was the principal place of business of a limited liability company named Jordan Apartments, L.L.C., of which Plaintiff was the registered agent. Pl.'s Compl. ¶ 18; WGL's Disp. Mot. Exh. 1 at 8 (Contract); WGL's Disp. Mot. Exh. 5 at 15 (Art. of Org.). Plaintiff provided his social security number to WGL in a credit application related to the instant contract. WGL's Disp. Mot. at 5. Under the terms of the contract, Plaintiff was required to pay a total of $17,107.63 (including the amount financed as well as finance charges) to WGL via monthly payments over the course of 60 months starting in December of 1998. Pl.'s Compl. ¶ 19; WGL's Disp. Mot. Exh. 1 at 8 (Contract). Plaintiff signed the contract in his individual capacity without any reference to Jordan Apartments. WGL's Disp. Mot. Exh. 1 at 8 (Contract).

Plaintiff signed a "Statement of Installation Completion" on November 15, 1998, indicating that the equipment subject to the contract had been installed. Compl. ¶ 21. However, while Plaintiff admits to receiving monthly invoices, he does not contest that he did not make any payments on the contract. Compl. ¶¶ 25, 27. WGL reported information about Plaintiffs account to Equifax from December 1998 to September 2004. WGL's Disp. Mot. at 5. WGL also placed Plaintiffs account with Compu-Link (d/b/a Celink), which contracted with WGL to provide loan administration services such as monthly billing, collection and remittance of payments on contracts financed by WGL. WGL's Disp. Mot. at 5. Defendant John LaRose is owner and CEO of Compu-link. Compu-Link's Disp. Mot. at 3. Plaintiff does not dispute that Compu-Link only serviced the loan between March and October of 2003. Id.

WGL filed a complaint against Plaintiff² in the District Court for Prince George's County, Maryland, on December 9, 2003, asking the court to award WGL the amount of $17, 107.63 for Plaintiffs breach of contract plus post-judgment interest, reasonable attorneys fees, and court costs. WGL's Disp. Mot. at Exh. 1 (WGL Compl.). Defendant Paul H. Teague acted as WGL's attorney in that action. Id. Plaintiff filed a motion to dismiss in that action on January 24, 2004. Because Plaintiff mentioned therein that he in fact resided in Waldorf, Maryland, and was therefore a resident of Charles County, Maryland, the District Court construed Plaintiffs motion as a motion to transfer and transferred the case to the District Court for Charles County, Maryland, despite denying the motion on its merits. WGL's Disp. Mot. at Exh. 2, 3.

Plaintiff filed a motion to dismiss on March 25, 2004, after the case was transferred. WGL's Disp. Mot. at Exh. 5. In Plaintiffs motion to dismiss, he alleged that WGL's claim against him was timebarred by Maryland's four-year statute of limitations period as set forth in Maryland Code § 2-725; that Plaintiff never entered into a contract with WGL because Jordan Apartments rather than Plaintiff entered into the contract at issue; that venue in Charles County was improper because Jordan Apartments was registered in Washington, D.C.; that WGL's claims were barred by res judicata because of Plaintiffs bankruptcy proceedings; and that Plaintiffs sole existing property interests were exempt from legal process by 5 U.S.C. § 8470 and 10 U.S.C. § 1440. Id. Plaintiff also filed a motion for summary judgment on April 13, 2004, reasserting his statute of limitations argument that WGL filed suit more than four years after the date of the breach of contract, which he defined as the date his first payment had been due (December 1998). WGL's Disp. Mot. at Exh. 6.

At trial,³ Judge Gary S. Gasparovic denied Plaintiffs motions and awarded judgment to WGL in the amount of $17,107.63 plus attorneys fees and costs. WGL's Disp. Mot. at Exh. 7 (Trial transcript). During trial, Plaintiff admitted that his signature Was the only signature on the contract as a buyer and the debtor. Id. (Trial transcript at 26). The Court made the following statements and/or findings of fact during the course of the trial: 1) WGL did not avail itself of its contractual option to accelerate such that Plaintiffs final payment due date was the date from which the statute of limitations period would begin to toll (and consequently, suit was filed within the appropriate time period); 2) the annuity issue could be considered in the rubric of a post-judgment remedy and was not relevant at the juncture of trial; 3) the contract was signed by Plaintiff in his individual capacity; 4) the work contracted for was performed, no payments were made, and there was a balance due and owing of $17,107.63; and 5) "[Alexander] has not met any burden of proof of showing that this debt was discharged by the bankruptcy order that he says occurred on October the 5th of 1999." Id. (Trial transcript at 30-31, 34, 42-44). While Plaintiff filed a motion on May 3, 2004, seeking to alter or amend the trial court's judgment or for a new trial, the motion was denied. WGL's Disp. Mot. at Exh. 9, 10.

Plaintiff appealed to the Circuit Court for Charles County, Maryland, timely filing a memorandum in support of his appeal. WGL's Disp. Mot. at Exh. 12. Plaintiffs grounds for appeal were that the trial court erred in denying Plaintiffs request for hearings related to his motion to dismiss and motion for summary judgment; and that based on the statute of limitations issue raised by Plaintiff, the trial court abused its discretion in denying Plaintiffs motion for summary judgment. Id. The Circuit Court for Charles County, Maryland affirmed the judgment, holding that the District Court did not err in not holding pre-trial hearings on Plaintiffs motions; the District Court did not err in withholding ruling on Plaintiffs pre-trial motions until after hearing the evidence and consequently denying the motions; and the District Court's factual finding that there was no acceleration of the debt obligation and thus no statute of limitations issue was well-supported by evidence presented during the trial. WGL's Disp. Mot. at Exh. 13. Plaintiff does not dispute that he did not pursue an appeal of the Circuit Court order affirming the District Court judgment. Id....