govinfo:USCOURTS-mdd-8_23-cv-02466-0

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
KENNETH L. WARN,
Plaintiff, Counterclaim Defendant,
V.
JANAY SEARS,
Defendant, Counterclaim Plaintiff.
Civil No. 23-2466 PJM
MEMORANDUM OPINION
Janay Sears has filed a pro se Motion to Dismiss (ECF No. 6) Kenneth L. Wam's pro se
Amended Complaint. Warn has not filed a response in opposition, but he has filed a Motion to
Deem Defendant Served (ECF No. 9). Upon review of the parties' submissions, the Court finds
no hearing necessary. See D. Md. Local R. 105.6. For the reasons that follow, the Court will
GRANT Wam's Motion to Deem Defendant Served (ECF No. 9) and DENY Sears' Motion to
Dismiss (ECF No. 6).
BACKGROUND'
Wam alleges that in August 2021, he and Sears entered a "Financial Agreement Between
Parties" (the "Agreement"), whereby Wam would provide funds to Sears for her to invest in a
"larger entity" of other investing individuals. ECF No. 4 5-6. Warn states that the Agreement
contemplated that Sears would "protect" his funds, "invest same in a manner consistent with" his
' As will be explained below, for the purposes of resolving a motion to dismiss, the Court must accept all well-pled
facts in a complaint as true. See E.l. du Font de Nemours & Co. v. Kolon Indus., Inc., 637 F.Sd 435, 440 (4th Cir.
2011) (citation omitted). Accordingly, this Background section recounts the facts as they appear in Wam's Amended
Complaint. At this stage, the Court does not and cannot express any view as to whether the facts alleged in the
Amended Complaint are true.
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