Filed
IN THE
COURT
OF
APPEALS
OF
MARYLAND
JUN 0
2
2017
JANE AND JOHN
DOE,
et al.
*
Bessie
M.
Decker, Clerk
Court
of Appeals
Appellants/Petitioners,
*
of
Maryland
V.
*
September
Term,
2017
ALTERNATIVE
MEDICINE
*
Petition Docket No. 148
MARYLAND,
LLC
*
Appellee/Respondent.
*
>k
=l< * * * * * * * * * *
RESPONDENT’S
MOTION
TO
MAINTAIN
S
TA T US
QUO
PENDING FURTHER
ORDER
OF
THIS
HONORABLE
COURT
AND
REQUEST
FOR HEARING
COMES
NOW the
Appellee/Respondent,
Alternative
Medicine
Maryland,
LLC
(hereinafter
“Respondent”),
by
and
through
counsel,
Brian
S.
Brown,
Christopher T.
Casciano,
Brown &
Barron,
LLC,
Byron
L.
Warnken,
Byron
B.
Warnken, Warnken,
LLC,
John A.
Pica,
Jr.,
and John Pica and
Associates,
LLC,
filing
this Motion to
Maintain Status
Quo
Pending
Further
Order of this
Honorable
Court,
and in support
thereof
states
as
follows:
1. On
May
25,
2017,
the Circuit Court for Baltimore
City
issued a
Temporary
Restraining Order in
Alternative
Medicine
Maryland
v.
Natalie
M
LaPrade
Maryland
Medical
Cannabis
Commission,
at
511.,
Case
No.:
24-C-16-005801.
That same
Order
set a
hearing
on
Respondent’s
Request
for a
Preliminary
Injunction for June
2,
2017.
2. On June
2,
2017,
Petitioner
filed an Emergency
Motion for
Stay
of Proceedings in
the Circuit Court
for
Baltimore
City
and/or
Injunction
requesting,
“pursuant
to
Maryland
Rule
8-
425,
this Court enter an order
staying
the hearing on
preliminary
injunction,
or,
in the
alternative,
any
preliminary
injunction in the
Underlying
Lawsuit,
and
staying
any
further actions in the
Underlying
Lawsuit
pending the outcome of this
appeal.”
3. On
June
2,
2017,
as the hearing on the
Preliminary
Injunction
was about to
begin,
this
Honorable
Court
issued
an Order stating as
follows:
This Court
having
considered
the
emergency
motion
for
stay
of
proceedings
in the Circuit Court for
Baltimore
City
and/or
injunction
and the
responses
thereto,
in the
above
entitled
case,
it is
this
2nd
day
of
June,
2017
ORDERED,
by
the Court
of
Appeals of
Maryland,
that the
emergency
motion for
stay
of
proceedings
in the
Circuit
Court for
Baltimore
City
be,
and
it is
hereby,
granted,
and
the hearing on
preliminary
injunction
in the matter
of
Alternative
Medicine
Maryland,
LLC
v.
Natalie
M
LaPraa’e
Maryland
Medical Cannabis
Commission,
et
aL,
Case No.
24-C-16-005801,
Circuit
Court for
Baltimore
City
is
hereby
STAYED,
until
further
Order
of this Court.
4.
Thus,
this Honorable Court
did not
“stay[
]
any
further
actions in the
Underlying
Lawsuit
pending
the outcome
of
this
appeal,”
it
merely
stayed
the
hearing
on the
preliminary
injunction
and
stayed
“proceedings”
in the
Circuit
Court for
Baltimore
City.
5.
Pursuant
to
Maryland
Rule
15-504,
had this
matter not
been
stayed,
the
Temporary
Restraining
Order
would
have dissolved
by
its own
terms
ten
days
after
its issuance.
6.
However,
given that this matter has
been
stayed
by
this Honorable
Court,
the
Temporary
Restraining
Order
cannot
dissolve
because
all
“proceedings”
are at a standstill. The
status
quo
should
be
maintained,
and this
Honorable
Court
should
issue an Order
indicating
that
the
Temporary
Restraining
Order
issued
by
the Circuit
Court
for
Baltimore
City
on
May
25,
2017
remains
in full
force
and effect until
further
Order of the
Court.
Respectfully
submitted,
Christopher T.
BROWN
&
BARRON,
LLC
7 St. Paul
Street,
Suite
800
Baltimore,
Maryland
21202
ccasciano@brownbarronicom
P:
(410)
547-0202
F:
(410)
332-4509
Counsel
for
Appellee/Respondent
/7/
2%
Byron
L. Warnken
Byron
B. Warnken
WARNKEN,
LLC
2
Reservoir
Circle,
Suite 104
Baltimore,
Maryland
21208
P:
(443)
921-1100
F:
(443)
921-111
1
Counsel
for
Appellee/Respondent
n
A.
Pieé,
Jr.
/
“"
JOHN PICA AND
ASSOCI
TES,
LLC
14 State Circle
Annapolis,
Maryland
21401
P:
(410)
990-1250
F:
(410)
280-2546
Counsel
for
Appellee/Respondent
CERTIFICATE
OF
SERVICE
I HEREBY CERTIFY
that
on this
2_nd
day
of
June,
2017,
copies
of the forgoing
were
sent
by
first-class
mail,
postage
prepaid,
and Via
electronic
mail,
to:
Alan
M.
Rifkin,
Esquire
Arnold M.
Weiner,
Esquire
Michael
D.
Berrnan,
Esquire
Barry
L,
Gogel,
Esquire
RIFKIN WEINER
LIVINGSTON,
LLC
2002
Clipper
Park
Road,
Suite 108
Baltimore,
Maryland
2121 1
b 0 el rwllaw.com
Counsel
for
Appellants/Perilioners/Movants/Propased
Intervenors,
Jane
Doe,
John
Doe,
Curio
Wellness,
LLC,
Doctor
’s
Orders
Maryland, LLC,
Green
Leaf
Medical,
LLC,
Kind
Therapeutics,
USA,
LLC,
SunMed
Growers,
LLC,
Maryland
Wholesale
Medical
Cannabis
Trade
Association,
and
the Coalition
for
Patient
Medicinal
Access,
LLC
Paul D.
Bekman,
Esquire
BEKMAN,
MARDER &
ADKINS,
LLC
300 W. Pratt
Street,
Suite 450
Baltimore,
Maryland
21201
bekman@bmalawfirm.com
Robert B.
Schulman,
Esquire
Schulman,
Hershfield
&
Gilden,
P.A.
One East
Pratt
Street,
Suite 904
Baltimore,
Maryland
21202
rbsshg-legalcom
Counsel
for
Proposed
Intervenor,
Temescal
Wellness
of
Maryland,
LLC
Ira
T.
Kasdan,
Esquire
Allan
J.
Weiner,
Esquire
Bezalel
A.
Stern,
Esquire
Joseph D.
Wilson,
Esquire
Kelley
Drye
&
Warren,
LLP
3050 K
Street,
NW,
Suite
400
Washington,
DC.
20007
ikasdannelleydrye£0m
Counsel
for
Proposed
Intervenor,
F
orwardGro,
LLC
Heather B.
Nelson,
Esquire
Robert
D.
McCray,
Esquire
Office of the
Attorney
General
Maryland
Department
of Health & Mental
Hygiene
300
W. Preston
Street,
Suite
302
Baltimore,
Maryland
21201
heather.nelson1 mar land.
ov
Counsel
for
Defendants
(
,
/Er1an
S. Brown
IN THE COURT OF APPEALS
OF
MARYLAND
JANE AND
JOHN
DOE,
et a].
*
Appellants/Petitioners,
*
v.
*
September
Term,
2017
ALTERNATIVE
MEDICINE
*
Case No.
MARYLAND,
LLC
*
Appellee/Respondent.
*
a:
a:
* >1: *
* * a:
:1:
>1: * *
REQUEST
FOR
HEARING
Appellee/Respondent,
Alternative Medicine
Maryland,
LLC
hereby
requests
a hearing.
