IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY

MARYLAND

MARTIN S. GOLDBERG, et al.

Substitute Trustees,
Plaintiffs

Case No. 413133-V

v.

TODD LUBAR, et al.

Defendants

MOTION TO STRIKE PLAINTIFFS’ MOTION TO DEFER DISMISSAL

Todd Lubar, et al., (herein Defendants), Pro Se, respectfully that the Motion to Strike

Plaintiff’s Motion to Defer Dismissal be granted pursuant to Maryland Rule 2-322(e) and state as

follows:

1. On June 24, 2016, this Court issued an Order that Trustees may proceed with

scheduling the foreclosure sale.

2. To this date, since the date of the order of this Court, Trustee’s have failed to

comply with the honorable Courts order.

3. Trustee’s have been granted a Motion to Defer Dismissal on three separate

occasions due to “unforeseen circumstances” as purported by Plaintiffs.

4. Plaintiffs have not described their “unforeseen circumstances”.

5. The granting of the three Motions to Defer has prejudiced Defendants procedural

rights in this action.

6. Maryland Rule 2-322(e) specifically states: Motion to Strike. On motion made

by a party before responding to a pleading or, if no responsive pleading is required by these

rules, on motion made by a party within 15 days after the service of the pleading or on the court's

own initiative at any time, the court may order any insufficient defense or any improper,

immaterial, impertinent, or scandalous matter stricken from any pleading or may order any

pleading that is late or otherwise not in compliance with these rules stricken in its entirety.

7. The Plantiffs’ have acted scandalously by submitting several Motions to Defer

Dismissal in this matter.

WHEREFORE, Defendants pray the Court grants this Motion to Strike and dismisses this

case in its entirety.

Todd Lubar, Pro Se

7835 Hampden Lane
Bethesda, MD 20814

CERTIFICATE OF SERVICE

I hereby certify that on this day of October, 2017 a copy of this foregoing Motion to
Strike Plaintiff’s Motion to Defer Dismissal and proposed Order were mailed first class, postage
prepaid to the following:

BP FISHER LAW GROUP, LLP

Michael V. Kuhn
174 Waterfront St. Suite 400
Oxon Hill, MD 20745
Attorneys for Substitute Trustees

Todd Lubar
 IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY
MARYLAND

MARTIN S. GOLDBERG, et al.

Substitute Trustees,
Plaintiffs

Case No. 413133-V

v.

TODD LUBAR, et al.

Defendants

ORDER GRANTING MOTION TO STRIKE

Upon consideration of Motion to Strike Plaintiffs Motion to Defer Dismissal filed herein,

good cause being shown pursuant to Maryland Rule 2-322(e), it is hereby this day

of October 2017, by the Circuit Court for Montgomery County Maryland,

ORDERED: that the motion be and is hereby GRANTED and the Motions to Defer

Dismissal are stricken from the record and the case dismissed in its entirety with prejudice.

JUDGE

With copies to:

Todd Lubar, Pro Se
7835 Hampden Lane
Bethesda, MD 20814

BP FISHER LAW GROUP, LLP

Michael V. Kuhn
174 Waterfront St. Suite 400
Oxon Hill, MD 20745
Attorneys for Substitute Trustees