ferguson et. al. v. state of maryland et. al

8/3/2019 Ferguson et. al. v. State of Maryland et. al.

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FIlED IN ClERK'S OFfICEUNITED STATES DISTRICT COURT U.S.D.C. All. . . .IN THE NOV -8 !O11

NORTHERN DISTRICT OF GEORGIAJAMES ". HAUEN, CLERc t MARTY RICHARD FERGUSON CASE NO. _AND M.E.R.S. (AFTERCARE),

PLAINTIFF'S,

VS. 1:11-CV-3861STATE OF MARYLAND ET AL,DEFENDANTS.

PRELIMINARY BRIEF

I. NOW COMES, PLAINT1FF, MARTY RICHARD FERGUSON AND THE MAATIAN ETHICALRECOVERY SYSTEM (MERS) PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, (FRCP)U.S.C.TITLE 35 ET SEQ, LPR1 ET SEQ, THE CIVIL RIGHTS ACT OF 1866 SUBSECTIONS 1981,

1981(a), AND 1982 AND THE AMERICANS WITH DlSABITIES ACT (ADA).PLAINTIFF, FILES PAYMENT OF FILING FEE'S AND THE FOLLOWING BRIEF INCOURT WITH NOTICE OF ACTUAL FILING WITHIN 30 DAYS.

II. Article I Section 8, Clause 8 of the United States Constitution, known as the Copyright and PatentClause ( or Patent and Copyright Clause), the intellectual Property Clause, empower the United StatesCongress:"To promote the Progress of Science and useful arts, by securing for Limited times to Authors and

Inventors the Exclusive Right to their respective Writings and Discoveries."The Clause confers two distinct powers: the power to secure for limited times to authors the exclusive rightto their writings as the basis for U.S. Copyright Law, and the power to secure for limited times to inventorsthe exclusive rights to their discoveries as the basis of U.S. Patent Law.


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Because the Clause contains no language under which Congress may protect Trademarks, those instead areprotected under the Commerce Clause. Useful Arts does not refer to artistic endeavors, but rather to thework ofartesians, people skilled in manufacturing craft. Science is not limited to fields ofmodem scientific

inquiry, but to all knowledge, including philosophy and literature.III. Additionally, Tortious lnterference, also known as intentional interference with contractual relations,in common Lawof Tort, occurs whenone person intentionally damages the plaintiffscontractual or otherbusiness relationships. This tort is broadly divided intotwo categories, one specific to contractualrelationships ( irrespective of whether they involve a contract) and the other without a contract.

Description

Tortuous interference with contract rights can occur where the tortfeasor convinces a party to breach thecontract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform hisobligations under the contract thereby preventing the pl aintiff from receiving the performance promised.The hardcore instance of this tort occurs when one party induces another to breach a third party, suchconduct is terned tortuous inducement of breach of contract.Perhaps the earliest, instance of recognition of this tort occurred in Garrett v. Taylor. 79 Eng. Red. 485(K.B. 1620). In that case, the defendant drove customers away from the plainti ff's quarry by threatening to"vex] them ]with suits". The King's Bench Court said the defendant threatened violence to the extent ofcommitting assault upon . . . . Customers of the plaintiff . . . . Whereupon they all desisted in buying,".

OrIn Keeble v. Hickringill, (1707) 103 Eng. Rep 1127, styled a trespass on the case, the defendant had used ashotgun to drive ducks away from a pond, here the actionable conduct was not directly griving customersaway, but rather eliminating the subject matter of the prospective business, The Justice Holt wrote for the

Courtthat"where a violent or malicious act is done to a man's occupation, profession, or wayof getting alivelihood, their an action lies in all cases".

Conclusion

IV. The financial crisis provided the Plaintiff, the Sole Proprietor a sobering reminder of what happens


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when innovation fails to drive productive economic growth, as written by the Harvard School of Business(HSB) in it 's "Working Knowledge" website paper "Radical Innovation". For over a decade money fromaround the world poured into the United States seeking innovations.Despite these massive investments, when adjusted for inflation, U.S. GOP grew slowly with much more ofthat growth coming from government, professional andbusiness services including real estate andoutsourcing. What's more inflation and adjusted wages stalled for many even as consumer spendingincreased. The current economic conditions force the plaintiff forward with the HSB and moves forConfirmation ofhis Maatian Ethical Recovery Sysetems Patent M.E.R.S. '(Afte rcare) and argues thatinnovation is not a side business to a real business, rather innovation innovation is the Foundation ofaSuccessful Business.As Lynda Applegate proclaims in her June 2 4 ~ , 2009 HSB report" Don't just survive-v-Thnve: LeadingInnovation in Good times and Bad! Having been battered by contracting markets and frozen credit, likemany businesses today [we] are fighting for survival. Indeed the current global crisis provided the SoleProprietor of the Maatian Ethical Recovery System with it's mandate for restructuring. But survival is notthe end goal. In fact cost cutting and restructuring are the first steps in repositioning and creating a leadingnew company.

Plaintiff, Marty Richard Ferguson, the Sole Proprietor of the Maatian Ethical Recovery System hereinafter,M.E.R.S. an African American with (former) Disability notifies the State of Georgia, State of Marylandand the United States that his restructuring continues successfully and brings the matters herein before theUnited States to resolve these controversies] for Official Review.

f l l L 1 y ~ Pro Se% Maatian Advocacy GroupMarty Richard FergusonSole Proprietor, M.E.R.S.

Inventor; M.E.R.S. '(Aftercare)7J6 !6o;{',i7z./ftff/J/ C I'J .


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Certificale of Service

I DO HEREBY CERTIFY that I have served the foregoing notice and PRELIMINARY BRIEF with firstClass U.S. Postage thereon addressed to the State of Maryland this 7th Day ofNovember 2011 addressed to:

%Alexander M. Sanchez, SecretaryDepartment of Labor, Licensing and RegulationDivisionofOccupational and Professional Licensing500 North Calvert Street, 3" FloorBaltimore, Maryland 21202-3651

Courtesy Copy to the Commissioner of Patent


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- - - - - - - - - - - - - - - - - -DIVISION OF OCCUPATIONAL AND PROFESSIONAL liCENSIN500 North Calvert Street, 3rd FlooBaltimore, MD 21202-3651Mo[lR Stanley J. Botts, CommissioneD,P\R IMENT OF LABOR, LlClNS1NG A>;D REGULATION

October 31, 2011Dear Mr. Ferguson:The State Board of Plumbing is in receipt of your correspondence dated October 5, 2011.Your correspondence does not state whether you are requesting an apprenticeship renewalapplication or apply for an original apprenticeship. In order to better assist you, pleasecontact this office at (410) 230-6164. Your correspondence stated that you submitted afee of $15.00, however there was no fee included.Sincerely,~ n J 4 //4


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Marty Richard FergusonP.O. Box 440Atlanta, Georgia 30301-0440October 5.2011

Alexander M. SanchezSecretary of Labor Licensing and Regulation500 North QQaAeS Street ( ' 4 ~ Baltimore, Maryland 21202

Dear Secretary Sanchez:Greeting to the Honor and warm regards to all of Maryland.You may not recognize the company name on the letterhead of the Website attached, butthis was my reasoning and purpose of entering Apprenticeship Plumbing in Maryland I've started my own Small Business company which I call the Maatian Ethical RecoverySystem. This company was supposed to purpose the American with DisabilitiesCommunity.As you know, I've spent nearly 6 years in a plumbing apprenticeship in Maryland untilthe collision of March 20, 2003 and then things changed or so people thought. But thefact remains my plans remain true on course and achievable.I am fully qualified for every plumbing license via the Maryland Apprenticeship Programwith Associated Builders and Contractors in Maryland with the exception of MasterPlumber. (With a former Contractual Agreement with BGE Home Products andServices.)Aside from Plumbing I remain a multi-talented individual in other areas before Plumbinghowever my unseen character effects bothered me for a very long time.I'rn putting that background to use in my new company. producing products andtechnology that individuals in this community can use as for years to come.

1/64 Standard of ExcellenceIn Holding to my 1/64 standard I submit to you copy of my Backflow Prevention DeviceLicense which expires in February 2012 and my $15.00 money order for that PlumbingLicense which includes sitting for exam for Journeyman PlumberlGas Fitter.As I impressed to all parties since that fateful collision at Russell and Bayard Streets mysituation was serious and critical beyond those medical conditions which have healedsome time ago. but the situation remains mysteriously serious and critical.


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Marty FergusonOctober 5, 20 I IPage 2

Over-involvement in old BusinessAnd taking Inventory

One of the worst things anyone can do to an American with Disability is to continue toforce him or her to remain involved in old business. This is sure sign of potential Relapse.Another thing that people should not do is to consistently take inventory, as this isanother sure method to create relapse.Happily, I still believe that I have the ability to create and produce this product of a SmallBusiness Plumbing company for the ADA community. It should already be in operation.And I still boast the finest products in the World, You can't outperform my Plumbing ormy programmed lifestyle despite the eonditions at the moment. These are the keys to myposition.If I am given exclusive access to my business I will bring forth success. however whenothers who do not have my best in mind are allowed access I can show you failure,apathy and procrastination.

Conclusion and SolutionI respectfully beg the Honor to excuse me if I come across overly bold or brazen. This isnot my attempt, I'm simply dealing with a difficult situation but time is running out.I share with Maryland the bare fact that many, many. nights I have gone to my bedfractured in utter tears over this situation. That's because I saw it coming long before ithappened but no one in Maryland listened.Let's face it some people don't want other people to have success aside from the fact thatPlumbing companies and contracts are worth millions of dollars. I have lost an enormousamount earnings via this "so-called" agreement with Constellation Energy which hasended.At the end of the day I'm thankful to be alive and still in good health. But this doesn'tmean I will allow anyone to profit from the circumstances if [ can help it. Theimpairment from the obvious wealth on the other side of this $15.00 license to return towork is all too obvious.Understanding that Maryland's position is Maryland License, Maryland Plumber butthat's too simple and doesn't truthfully reflect the Problem. My treatment at JohnsHopkins for addictions management was total, complete, AND IMMACULATE andremains (14 plus years sobriety).


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Marty FergusonOctober 5, 20 IIPage 3

Maryland's losing money, I'm losing money, and the United States is losing money; thisis the corporate error for lack of support to this apprenticeship from Maryland. I leftMaryland in 2003 from a disaster, returned to a disaster, and left again on a disaster. Thesheer weight of the evidence screams "Danger Will Robinson, Danger".I have lived outside of Maryland for over 75% of my life but I have 40 years of debt inthe State? The only solution here is to respectfully request my Plumbing licenseattached and shown of the Honor and move on smartly.Here's my dilemma; its only October and I need money for corporate space for mycompany, If I had my Plumbing license this scenario would not exist. Especially at a timewhen the United States is looking for any and all means to get Americans back to work? Ifind I must shut down early and planning for next year? Notwithstanding the stigmaticinjury.

Please forgive for the long letter but I think Maryland is taking Inventory and otherwiseover-involved with matters that could better be resolved with the issuance of licenserather than withholding of a $15.00 license.I thank the Honor for his time and consideration and wish Maryland the best of luck. Isend my warmest regards to Maryland but I've done my job there given the conditions.Respectfully Submitted,

l J ~ t t J ~ Marty R. FergusonFounder, Maatian Ethical Recovery SystemCc Maryland State Board of Plumbing


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License rcequrrements - rvtarytanu nuaru or Y1Umu1I1g r(1ge;: 1 Ul L

DLLR's Division of Occupational and Professional Licensing

License Requirements - Maryland Board of Plumbing

Category QualificationsMaster Plumber/Gas Fitter Person must have held a journey license for atleast two years; and

Person must have completed 3,700 hours oftraining under the direction and control of alicensed master plumber; andPerson must pass a comprehensive writtenexamination.

Journey Plumber/Gas Fitter Person must have held an apprentice license forat least 4 years; andPerson must have completed 7,500 hours oftraining under the control and direction of alicensed master plumber; andPerson must have cornpleted 32 hours of trainingin backflow prevention device testing; andPerson must pass a comprehensive writtenexamination.

Apprentice Plumber/Gas Fitter Person must be at least 16 years of age.Master Natural Gas Fitter Persons shall have a current Master Gas Fillerlicense from Baltimore City, Baltimore County orVVSSC; or

Until 10/1/2002, Have at least 4 years ofexperience, and completed an approved trainingprogram; orPossess an HVACR Master or Master Restrictedlicense, have at least 2 years of gas fillingexperience as a journey gas fitter under a mastergas fitter, plumber or HVACR master, who isfound to be approved, and pass an examination.

Journey Natural Gas Fitter Persons shall have a current Journey Gas Fitterlicense from Baltimore City, Baltimore County orVVSSC; orAcquired 3,750 working hours as an apprenticenatural gas filler over a period of at least 2 yearsunder the direction and supervision of a licensedmaster gas filler or master plumber

Note; After 10/1/2001 Persons applying basedupon experience will also be required to


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LIcense rcequtremerus - .vraryranu racaru or r-turnmng rage L. or L.

complete an approved training course and passan examination.Apprentice Natural Gas Fitter Person must be at least 16 years of age.Propane Gas Fitter (Certification) Person must hold a current certification of(Certification) completion of the National PropaneGas Association certified training program forDistribution Systems Operations; or

Person must hold a gas fitters license from acounty or municipal corporation authorizing theperson to provide gas services under a licensingprogram in existence prior to July 1, 1995; or,Person must demonstrate to the Board that theperson's qualifications are at least equivalent tothe qualifications required by the NationalPropane Gas Association training program fordistribution systems operations.

Return to the Division of OCcupational and Professional Licensing home page II IQuestions or comments regarding the Board of Plumbing may be directed [email protected] (maino:[email protected] s) .Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed [email protected](maino:[email protected]) .Questions or comments regarding the DLLR website may be directed to webmasterdllr.state.md.us(mailto:[email protected] l .

Updated December S, 2009
mailto:[email protected]:[email protected]:maino:[email protected]:[email protected]:maino:[email protected]:mailto:[email protected]:[email protected]:maino:[email protected]:[email protected]:maino:[email protected]:mailto:[email protected]


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ivraryranu noaru or r-rumomg - UIVISlUn or uccupauonal anu r-roressionar Licensmg rage l U l L .

DLLR's Division ofOccupational and Professional Licensing

Maryland Board of Plumbing

The State Board of Plumbing licenses and regulates individuals who provide or assist in providingplumbing and gas services in Maryland. As of October 1, 2000 the Board issues natural gas filterlicenses to qualified individuals who are non-plumbers. Both of these types of licenses are required forwork throughout the State except for B a ~ i m o r e County and the areas served by Washinglon SuburbanSanitary Commission (WSSC). These Iwo jurisdictions issue Iheir own licenses and have their ownplumbing code. The State Plumbing Board also issues a certificale to qualified individuals, who are nonplumbers, to provide propane gas services throughoullhe entire Stale.Board Members:

Michael J. Kastner, Jr., Chair, Induslry Member, Howard CountyKeith R. Horton, Vice Chair, Industry Member, Baltimore CityJon Garner, Industry Member, Garrell CountyCharles Lenderking, industry Member, Worcester County

Joseph A. Radtka, Induslry Member, Anne Arundel CountyRussell A. Wiebking, industry Member, Howard CounlyVacanl, Consumer MemberVacanl, Consumer MemberVacant, Induslry Member

Vacant, Execulive DirectorBrenda Clark, Administralive AideMaryland Apprenticeship and Training (..I..Ilabor/appr.htmllDoing Plumbing Work in Maryland INilhout A License or Insurance? Worth Going to Jail? (plnolic.shlmilEnforcement Alert - Lead-Based Painl (plepa.shlml)Public MeetingsRegular business meetings of Ihe Slate Board of Plumbing are scheduled for the Ihird Thursday of eachmonth. They are held at 500 North Calvert Street and begin a110:30 a.m. - DLLR calendar U ..I0PLD .Meeting Minutes Umin/plmin.shlml)Maryland Board of Plumbing500 N. Calvert StreetRoom 302Baltimore, Maryland 21202-3651(410) 230-6270Fax (410) 333-6314e-mail: [email protected](maino:[email protected] 1..I..Iabouldlir/pnvacyslatement.shtmil

Rerum to the Division of Occupational and Professional Licensing home Dage f../JQuestions or comments regarding the Board of Plumbing may be directed to plumbinqdllr.state.md.usfmailto:[email protected] .Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed toop@dll,.state.md.usfmailto:[email protected].
mailto:[email protected](maino:[email protected]:fmailto:[email protected]:op@dll,.state.md.usmailto:fmailto:[email protected]:[email protected](maino:[email protected]:fmailto:[email protected]:op@dll,.state.md.usmailto:fmailto:[email protected]


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M.E.R.S. *(Mechanical)Imago Dei, Imatatio Dei, "As we Learn, We Practice,"

Home Under Construction!About Us And thanks for stopping b" M ER_S "(Me chanical) . \J,,'e will be a premie r Mechanical Contrac tor hopingto help ;'011 \.vi th all phases of commercial plumbing.Contact Us

W..:. believe \\ C arc a capsrouc . causeway and searchlight for the Mechanical commururvLet's discuss your ideas! YoU!' free consultation is just a phone call away.

V"lst4t:"n!~ ' i E : : : : s l t e

YO'I'ae,:; cv v.stao-c-t

I I)IA I'll)


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MARTY FERGUSONPO 80\ -l-lOAtlanta. GCllrgia .30301-04..J.0Phone (866) 5 ~ O - l 096hl\. (888) 8:;3-531:':mart, krg:uson-+ a grnail.com

November 3, 2011

eNomeCentral Headquarters5808 Lake Washington Blvd. NEKirkland, Washington 98033 Re: Patent Pending MER-S. "(Aftercare)

DeareNome,I send you copy of my corporate bio as it concerns the Maatian Ethical Recovery System andMaatianhusiness.com. [ftnd that you are parked on my wehpages hoth Maatianbuslness.corn/net.Please he advised that you are violating my Copyright and Patent rights with your claims.[ spoke with two of your reps last month hut you still remain parked.Sincerely,Marty Richard Ferguson

o / c 4 j ? ~


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ess.com 1/1


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MARTY FERGUSON1'.0. [1,1\ HI)Atlanta, C j e - ( ) r g i i l ~ ( } . 3 I J l O-l-lOPhone IR(6) 550-1096r a \ . ( X X 8 ) R _ ~ 3 - 5 3 [ ~ IllJI1> 1 i . : r ~ u " ( J n - l l i gnui I.com

November 3,2011

Mike Henderson, PresidentABC Baltimore Metro Chapter1220 E. Joppa Road Ste. 322Towson, Maryland 21286 Re: Certificate of Graduation

Dear Friend,I send you ABC and Maryland my warmest greetings as we turn into the winter season.Additionally, I send you my Backflow Prevention Certi ficate from MPHCC as requisite for copy of mycertificate of Graduation from ABC Baltimore Metro Chapter.As your staff may recall [ did not get this course due to auto collision while with ABC in 2003 and if I amcorrect this qualifies me for certificate as well as National Exam.I am available for your questions as always. Take care.Sincerely,Marty Richard Ferguson


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Home

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\ '1.\ HTY FEI?( ; ( "SO:"P.O. Box440A t l a m a , G e o ~ a J O J O I

November 3,2011

Mr.Jim Mathes, Vice President andGeneral CounselCortera Inc.1 Pine HillDriveQuincy, MA02169 Re: PatentPending

Dear Counselor,I send wann greetings toyou andyour fineorganization, asI present to you theattached listingconcerning theMaatian Ethical RecovelY System.Asyou can see your listingisa Heavy Construction Company. Please review mybiolistingattached.Iwould bemore thanhappy to give you anaccurate bioandthe "Real Deal" onmycompany alterthislistingcomes down (AndIfinallywriteabusiness plan) understanding that I contacted your officevia phone(10/17/2011) yesterday andtheygave methis address.Take care andhave a greatday.Sincerely,Marty Richard FergusonSole Proprietor, Maatian Ethical RecovelY SystemJ l / 1 ~ ~


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ferguson et. al. v. state of maryland et. al

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