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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * SAMUEL CALDERON, individually and * on behalf of others similarly situated * individuals, * * Plaintiffs, * * v. * * GEICO GENERAL
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S.C. 201 and 202(a), in violation of the Anti-Injunction Act (AIR), 15 U.S.C. 1 et seq. See Plaintiff's Memorandum of Law (Doc. 1), which is incorporated by reference herein. On February 13, 2012, Plaintiffs filed a Complaint for Restitution in U.S. District Court in Baltimore, Maryland. On May 16, 2012, Plaintiff served the Plaintiffs' Complaint in writing on GEICO General Insurance Company by registered or certified mail. This case is presently assigned to Judge Thomas B. Russell. On October 21, 2012, GEICO General Insurance Company filed with the Court and served a Response in Opposition to Plaintiffs' Complaint (Doc. 10). The Court has now filed orders by which Defendants will: (1) file and serve a motion to stay the Court's July 21, 2012, Order granting Plaintiffs' Motion to Dismiss (Doc. 13); and (2) file and serve a motion to dismiss (Doc. 15). On November 28, 2012, Plaintiffs filed a motion to dismiss (Doc. 16) based on the Defendants' motion to dismiss (Doc. 8) under Section 14(a) of the Sherman Act, 15 U.S.C. _____. On February 9, 2013, Judge Russell, in his promotion briefing to Judge Leibniz, set the matter for a bench trial. On November 29, 2013, GEICO General Insurance Company filed with the Court and served a response to Plaintiffs' motion (Doc. 22) in writing, which responds to all the arguments made in the Plaintiffs' Memorandum of Law. The Court has now held a bench trial in the above-captioned matter. On February 8, 2014, Defendants filed a motion to dismiss (Doc. 39), which argues that Plaintiffs failed to introduce any evidence of “actual malice” on the part of Plaintiffs. The Court has now held a bench trial on Defendants' motion (Doc. 43), on April 19, 2014, with defense counsel, counsel for the Government, and counsel for GEICO General Insurance Company present for the Defendants. On May 9, 2014, the court found for the Defendants. Defendants' motion to dismiss (Doc. 39) is DENIED in its entirety. The following facts are alleged to have been proven by Plaintiffs: 1. Plaintiffs filed this action pursuant to 28 U.S.C. § 1915. 2.
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