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Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts

Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts

Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts

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far as this court can see to put forward, and to indicate that he is<br />

acting on behalf of a class.<br />

I also agree with the defendant’s position that the, there’s<br />

not a uniformity in regards to what the individual claimants<br />

would have to put forward. I don’t think at all, having reviewed<br />

Rule 2-231, having reviewed the case law, and having reviewed<br />

this individual case, that a class action certification would be<br />

appropriate.<br />

I really don’t see that <strong>Anthony</strong> <strong>Frazier</strong> is a class plaintiff.<br />

And as I said earlier, I do think that he has been made whole.<br />

So I don’t think that he is, has really any interest in common<br />

with the other yet to be identified prospective claimants.<br />

As to the motion for summary judgment, the court said:<br />

Now, in regards to the motion for summary judgment,<br />

and as an alternative, I believe that the defendants were arguing<br />

that the claim was moot. And certainly, I think I would agree<br />

with the fact that the claim is somewhat moot, because what was<br />

being asked for really pertains to the class motion. And it says,<br />

“Demand judgment for the class plaintiffs, members of his<br />

class,” and then it goes on, the prayers for relief say<br />

“compensatory damages in an amount equal to the cost of all of<br />

the <strong>Ford</strong> extended service plans.” Well that’s been worked out<br />

already. That has been provided to this individual plaintiff.<br />

“Appropriate injunction to declaratory relief to protect<br />

this class.” That’s really not appropriate because I’ve denied the<br />

motion – actually, I granted the motion to deny the class<br />

certification.<br />

“Punitive damages,” that’s clearly not appropriate.<br />

On September 3, 2008, a hearing was held as to the appropriate award for attorney’s<br />

fees before another judge of the Circuit Court. At this hearing, the court was informed that<br />

Crystal <strong>Ford</strong> had contacted other customers who had purchased warranties to ensure that the<br />

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