United States District Court, D. Maryland
MEMORANDUM AND ORDER RE: JURISDICTION AND TRANSFER
MARVIN J. GARBIS, District Judge.
The Court has before it Defendant's Motion to Dismiss [Document 160] and the materials submitted relating thereto. The Court has held a hearing and had the benefit of the arguments of counsel.
Plaintiff has filed suit against a substantial number of persons who allegedly downloaded and viewed photographs of her daughters that constitute child pornography. These photographs allegedly were taken in Maryland by two individuals, the girl's father and a colleague ("the Maryland Actors). The Maryland Actors were convicted in connection with their actions and have been incarcerated since 2008. The pictures, however, continued to be downloaded, viewed, and exchanged over the Internet.
As of this writing, there are in excess of 90 such lawsuits pending before the undersigned Judge.
In the instant case, as in the others cases brought by Plaintiff, she asserts claims in seven Counts:
Count I Violation of 18 U.S.C. § 2252A
Count II Violation of 18 U.S.C. § 2255
Count III Invasion of Privacy - Intrusion Upon Seclusion Under Maryland Law
Count IV Invasion of Privacy - Appropriation of Name of Likeness Under Maryland Law
Count V Invasion of Privacy - Unreasonable Publicity Given to Private Life Under Maryland Law
Count VI International Infliction of Emotional Distress Under Maryland Law
Count VII Civil Conspiracy Under Maryland Law
Defendant Bardell, who is not a resident of Maryland and who is currently incarcerated in the Southern District of Georgia, asserts that this Court cannot exercise personal jurisdiction over him.
For a federal district court to exercise personal jurisdiction over a nonresident defendant, two ...