United States District Court, D. Maryland
L. Hollander, United States District Judge
April 17, 2018, plaintiff James Henson filed a class action
suit against defendant NaturMed, Inc., d/b/a Institute for
Vibrant Living (“NaturMed”). ECF 1
(“Complaint”). Plaintiff asserts several contract
claims, tort claims, and a violation of the Maryland Consumer
Protection Act, Md. Code (2017 Repl. Vol., 2018 Supp.),
§§ 13-301 et seq. of the Commercial Law
Memorandum resolves plaintiff's “Motion for Leave
to Amend the Complaint, for Joinder of Additional Parties,
and to Amend the Scheduling Order” (ECF 24, the
“Motion”), filed on December 5, 2018. NaturMed
filed an opposition (ECF 25) as well as 17 exhibits that
total over 200 pages. See ECF 25-1 to ECF 25-17.
Henson did not reply. See Docket.
addition, I shall resolve defendant's motion to compel
answers to interrogatories and the production of documents,
filed on November 7, 2018. ECF 18. It is supported by a
memorandum (ECF 18-1) (collectively, “Discovery
Motion”) and exhibits. No. response has been filed.
March 11, 2019, NaturMed's attorneys asserted that
NaturMed is now a dissolved corporation and moved to withdraw
from the case. ECF 26. That motion was granted by an Order of
the same date. ECF 27. Defendant, a corporation, has been
advised of the need to secure counsel. ECF 28. But, to date,
no attorney has appeared for the defendant. See
hearing is not necessary to resolve the motions. Local Rule
105.6. For the reasons that follow, I shall grant
plaintiff's Motion and deny defendant's Discovery
noted, suit was filed on April 17, 2018. ECF 1. Defendant
filed its Answer on July 10, 2018. ECF 3.
Court held a telephone conference with counsel on August 22,
2018. See ECF 10; ECF 11. Thereafter, on August 27,
2018, counsel submitted a Joint Proposed Scheduling Order.
ECF 12. I approved it on the same date. ECF 13. The
Scheduling Order set a deadline of October 15, 2018, for
joinder of parties and amendment of pleadings. Id.
October 31, 2018, plaintiff attempted to file a motion for
leave to amend the Complaint, so as to join additional
parties, and to amend the Scheduling Order. ECF 14. However,
the Clerk advised that it was not properly filed. ECF 15. On
November 4, 2018, plaintiff again sought to amend. ECF 16.
Again, the Clerk advised that the filing was not properly
made. ECF 16. Thereafter, on November 7, 2018, NaturMed filed
its Discovery Motion. ECF 18.
Court held a status conference with counsel on November 15,
2018. See ECF 20; see also Docket. And, in
an Order of November 16, 2018 (ECF 21), I directed plaintiff
to submit his overdue discovery responses by November 25,
2018. I also directed plaintiff to submit a corrected motion
to amend the complaint by November 30, 2018. Id.
December 3, 2018, plaintiff moved for leave to amend the
complaint, but once again it was improperly filed. ECF 22.
Two days later, on December 5, 2018, plaintiff properly filed
the Motion, along with over 200 pages of exhibits.
See ECF 24-3 to ECF 24-7. Of relevance here,
plaintiff sought leave to add four parties, described by
plaintiff as indispensable: (1) Bactolac Pharmaceutical, Inc.
(“Bactolac”); (2) Independent Vital Life, LLC
(“Independent Vital”); (3) HKW Capital Partners
III, L.P. (“HKW Capital”); and (4) William Ruble.
ECF 24 at 3, 8.
indicated, on March 11, 2019, counsel for NaturMed moved to
withdraw (ECF 26) from the case. The ...