Gaddis v. Abell et al

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
JENNIFER LEE GADDIS : Case No. 03-10773PM
: Chapter 13
Debtor :
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JENNIFER LEE GADDIS :
Plaintiff :
vs. : Adversary No. 05-1729PM
VINCENT ABELL :
MODERN MANAGEMENT, INC. :
Defendants :
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MEMORANDUM OF DECISION
Before the court is the Plaintiff’s Motion for Entry of Permanent Injunction and a
Declaratory Judgment and the opposition thereto. The parties came before the court and argued
the Motion on July 6, 2006. On that same date, the court entered an Order denying the Motion
for reconsideration of two Orders of this court entered May 9, 2006, an Order Certifying Class
Against the Defendants, Vincent Abell and Modern Management, Inc., and an Order Granting
Plaintiff’s Motion for Sanctions, particularly striking the Defendant’s answers to the Complaint.
The court will deny the Motion for a permanent injunction without prejudice to renewal
following a hearing with presentation of appropriate evidence insofar as the relief prayed seeks to
prohibit the Defendants from doing some specific act. Generally, injunctions are protective
remedy aimed at future acts and a preventive remedy as opposed to remedying something that
occurred in the past.
Date signed July 15, 2006
Entered: July 17, 2006 Case 05-01729 Doc 54 Filed 07/17/06 Page 1 of 2

Furthermore, on the basis of the record as it stands, the court is not inclined to enter a
declaratory judgment in the absence of a sufficient record to establish the basis for
recharacterization of the obligations concerned. An appropriate order will be entered.
cc:
Scott C. Borison, Esq., 5500 Buckeystown Pike, Frederick, MD 21703
Steven H. Greenfeld, Esq., 7101 Wisconsin Avenue, #1200, Bethesda, MD 20814
End of Memorandum
Case 05-01729 Doc 54 Filed 07/17/06 Page 2 of 2