COHENIHARRIS LLC ~Attorn eys at Law- 1 North Charles Street? Suite 350 Telephone No.: (888) 585-7979 Baltimore, Maryland 21201 Fax 773-0675 oseph@CohenHarris.com July 2, 2020 VIA FIRST-CLASS MAIL Civil Clerk Civil Clerk?s Of?ce Circuit Court for Baltimore City 111 North Calvert Street, Room 462 Baltimore, Maryland 21202 RE: Marcia Grant, et al. v. Atlas Restaurant Group, LLC Circuit Court for Baltimore City Dear Sir/Madam: Enclosed please ?nd plaintiffs? Complaint, Request for Jury Trial, Entry of Appearance, Request for Summons, and Civil- Non?Domestic Case Information Report for ?ling in the above-?referenced matter. Thank you for your cooperation in this regard. Very truly yours, ph E. Spicer, Esquire hen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 Email: ,losephfrECohenHarris.com Telephone No.: (888) 5854979 Fax No.: (443) 773-0675 Local counsel for lead counsel Mills Edwards, LLP 14 Penn Plaza, Suite 2020 New York, New York 10122 JES cc: Donte Mills, Esquire and Lennon Edwards, Esquire (by electronic mail only) MARCIA GRANT as mother and next IN THE friend of minor, DALLAS GREENE c/o Cohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) CIRCUIT COURT FOR BALTIMORE CITY and CASE NO. MARCIA GRANT c/o Cohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) Plaintiffs ATLAS RESTAURANT GROUP, LLC OUZO BAY RESTAURANT 675 South President Street Baltimore, Maryland 21202 Serve on: Anastasia E. Thomas Thomas Libowitz, PA. 100 Light Street, Suite 1100 Baltimore, Maryland 21202 Defendant COMPLAINT Plaintiff, MARCIA GRANT, as mother and next friend of minor, DALLAS GREENE and Plaintiff, MARCIA GRANT, individually (?Plaintiffs?), by and through their attorneys, hereby ?les this Complaint against ATLAS RESTURAN GROUP, LLC Ouzo Bay Restaurant. In support thereof, Plaintiffs hereby allege the following: VENUE AND JURISDICTION 1. Plaintiff, MARCIA GRANT resides in Baltimore City, Maryland. 2. Minor Plaintiff DALLAS GREENE also resides in Baltimore City, Maryland. 3. Defendant ATLAS RESTAURANT GROUP, LLC (hereinafter referred to as or "Defendant"), is a domestic LLC incorporated in Maryland. 4. Defendant ATLAS owns a restaurant known as Ouzo Bay Restaurant (?Ouzo Bay?) which is located at 1000 Lancaster Street in Baltimore, Maryland. 5. Defendant ATLAS operates a restaurant known as Ouzo Bay which is located at 1000 Lancaster Street in Baltimore, Maryland. 6. Defendant ATLAS maintains a restaurant known as 01120 Bay, located at 1000 Lancaster Street, Baltimore, Maryland. 7. Defendant ATLAS manages a restaurant known as Ouzo Bay which is located at 1000 Lancaster Street in Baltimore, Maryland. 8. The incident, which is the subject of this Complaint, occurred in Baltimore City, Maryland. FACTUAL BACKGROUND 11. MARCIA GRANT and her minor son, DALLAS GREENE are A?icannAmericans. 12. On June 2lst, 2020, Plaintiffs entered Ouzo Bay as customers. (All of the below alleged facts occurred on June 2lst, 2020.) 13. After entering Ouzo Bay, Plaintiffs made a request to be seated in the restaurant where they were intending to eat a meal. 14. Prior to the day of the incident, Plaintiffs had no previous interaction with anyone af?liated with the Defendant and was not familiar with any member of the Defendant?s staff. 15. Plaintiffs were informed by an Ouzo Bay hostess and/or manager of the restaurant that they would not be permitted to dine at the restaurant. 16. The hostess indicated the nine (9) year old Plaintiff did not meet the dress code of the restaurant and was required to leave to premises. 17. Upon information and belief, at all times relevant herein, the Ouzo Bay hostess and/or manager(s) referenced in paragraph 15 were employed by Defendant and were working within the scope of their employment. 18. After Plaintiffs were informed they would not be permitted to eat at Ouzo Bay, Plaintiffs followed the direction of the staff and began to leave the premises. 19. Upon exiting the premises, Plaintiffs observed a child, who appeared to be a white American of approximately the same age as the nine (9) year old plaintiff. 20. The child of the same age appeared to have on an out?t almost identical in style to the out?t worn by the infant plaintiff. 21. Plaintiffs then sought clari?cation from the restaurant staff regarding the Defendant's refusal to serve Plaintiffs at Ouzo Bay and the staff conferred with the manager of the restaurant. 22. Upon information and belief, at all times relevant herein, the above-referenced manager was employed by Defendant and working within the scope of his employment. 23. Plaintiffs asked for an explanation as to why they were denied service based upon the dress code when there was another patron dressed the same way who was allowed to enter the premises and dine at the restaurant. 24. Even after highlighting the similarities in the out?ts, Plaintiffs were not allowed to enter the restaurant and were denied service which indicated a different application of the Defendant?s dress code policy for difference races. 25. There was no apparent distinction between the nine (9) year old plaintiff who was denied service and the other child who was permitted to enter, other than the color of their skin. 26. Defendant offered no justi?able reason why the African-American child was treated differently than the child that appeared to be white. 27. Plaintiffs were never granted permission to eat at the premises and were turned away solely because of the color of their skin. 28. Defendant discriminated against Plaintiffs and humiliated them because of their race. COUNT ONE 42 U.S.C. 1981 29. Plaintiffs incorporate the allegations contained in paragraphs 1 through 28 as 3 though fully set forth herein. 30. Plaintiffs are African-Americans who are members of a protected class under 42 U.S.C. 1981. 31. On June 2lst, 2020, Plaintiffs sought to enter into a contractual relationship with Defendant. 32. On June 2lst, 2020, Plaintiffs met the Defendant?s ordinary requirements to pay for and to receive goods or services ordinarily provided by the Defendant to other similarly situated customers. 33. On June 2lst, 2020, Defendant denied Plaintiffs the opportunity to contract for goods and services that were otherwise afforded to white customers. 34. Defendant authorized and/or rati?ed the acts described herein because the agent(s) and/or employee(s) of the Defendant engaged in the conduct. 35. The Defendant?s actions described herein were reprehensible. 36. The Defendant?s conduct was witnessed by other employees and patrons in the restaurant. 37. Plaintiffs request all appropriate remedies for Violation of 42 USC 1981. WHEREFORE, each Plaintiff individually demands judgment against Defendant in excess of Seventy-Five Thousand Dollars in compensatory damages, punitive damages, with interest and costs, including attorney?s fees under 42 U.S.C. 1988(b) and other such costs as the court may deem appropriate. COUNT INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 38. Plaintiffs incorporate the allegations contained in paragraphs 1 through 37 as though fully set forth herein. 39. On June 21st, 2020, Defendant, its agents and employee? (acting within the scope of their agency or employment) conduct towards Plaintiffs were atrocious, intolerable, and so extreme and outrageous as to exceed the bounds of decency. 40. On June 2lst, 2020, and continuing thereafter, Defendant and its agents and employees (acting within the scope of their agency or employment) acted with the intent to in?ict emotional distress upon Plaintiffs, or acted recklessly when they were certain or substantially certain emotional distress upon Plaintiffs would result from their conduct. 41. On June 21st, 2020, and continuing thereafter, the actions of the Defendant and its agents and employees (acting within the scope of their agency or employment) caused Plaintiffs to suffer emotional distress. 42. Defendant?s conduct was intentional, reckless, and in deliberate disregard of a high degree of probability that emotional distress would result to Plaintiffs. 43. The aforesaid conduct by Defendant was extreme and outrageous and beyond the bounds of decency in society. 44. The conduct of Defendant?s agents was malicious, willful and intentional. 45. As a result of Defendant?s conduct and actions, Plaintiffs have suffered and will continue to suffer severe and extreme emotional distress. WHEREFORE, each Plaintiff individually demands judgment against Defendant in excess of Seventy~Five Thousand Dollars ($75,000) in compensatory and punitive damages, with interest and costs. COUNT RESPONDEAT SUPERIOR 46. Plaintiffs incorporate the allegations contained in paragraphs 1 through 45 as though fully set forth herein. 47. At all times relevant hereto, Defendant employed a hostess and manager(s) at 01120 Bay located at 1000 Lancaster Street, in Baltimore City, Maryland. 48. On June 21?, 2020, Defendant?s agents, servants and/or employees denied Plaintiffs service at Ouzo Bay based upon the color of their skin causing Plaintiffs to sustain severe injuries. 49. The above described acts of Defendant?s hostess and manager(s) were committed within the scope of their employment with Ouzo Bay, in that they committed them while on duty, inside of Defendant's place of business, and in furtherance of Defendant's interests. 50. As the employer of the hostess and manager(s), Defendant is responsible for all of the acts they commit within the scope of their employment, including the subject acts and omissions complained of herein. WHEREFORE, each Plaintiff individually demands judgment against Defendant in excess of Seventy~Five Thousand Dollars ($75,000) in compensatory damages, with interest and costs. Respectfully submitted, WW E. Spicer, Esquire/ 9906240381 ohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 Telephone No.: (888) 585?7979 Fax No.: (443) 773-0675 E?mail: iosenh@cohenharris.eom Local counsel for lead counsel Mills Edwards, LLP 14 Penn Plaza, Suite 2020 New York, New York 10122 MARCIA GRANT as mother and next IN THE friend of minor, DALLAS GREENE c/o Cohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) CIRCUIT COURT FOR BALTIMORE CITY and CASE NO. MARCIA GRANT c/o Cohen Harris, LLC 1 North Charles Street, suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) Plaintiffs ATLAS RESTAURANT GROUP, LLC OUZO BAY RESTAURANT 675 South President Street Baltimore, Maryland 21202 Serve on: Anastasia E. Thomas Thomas Libowitz, PA. 100 Light Street, Suite 1100 Baltimore, Maryland 21202 Defendant REQUEST FOR JURY TRIAL NOW COMES Plaintiffs, Marcia Grant, as mother and next friend of minor, Dallas Greene and Marcia Grant, individually (?Plaintiffs?), by and through their undersigned attorneys hereby requests that the above?referenced case be heard before a jury. Respectfully submitted: Spicer, Esquire/ 9906240381 en Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 Telephone N0.: (888) 585-7979 Fax N0.: (443) 773-0675 E-mail: iosegah@cohenharrls.com Local counsel for lead counsel Mills Edwards, LLP 14 Penn Plaza, Suite 2020 New York, New York 10122 MARCIA GRANT as mother and next IN THE friend of minor, DALLAS GREENE c/o Cohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) CIRCUIT COURT FOR wax-zea- BALTIMORE CITY and CASE NO. MARCIA GRANT c/o Cohen Harris, LLC 1 North Charles Street, suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) 31-3-3! 3?56 Plaintiffs >9 3' x. x. ATLAS RESTAURANT GROUP, LLC OUZO BAY RESTAURANT 675 South President Street Baltimore, Maryland 21202 x. x. 2-3? Serve on: Anastasia E. Thomas Thomas Libowitz, P.A. 100 Light Street, Suite 1100 Baltimore, Maryland 21202 2? :5 a. Defendant ENTRY 0F APPEARANCE Clerk: Please enter the appearance of Joseph E. Spicer, Esquire and Cohen Harris, LLC, as local counsel for lead counsel, Mills Edwards, LLP, on behalf of Plaintiffs, Marcia Grant, as mother and next of friend of minor, Dallas Greene, and Marcia Grant, individually. WW hli. Spieer, Esquire/ en Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 E-mail: Joseph??CohenHarrialoom Telephone No.: (888) 585-7979 Fax No.: (443) 773-0675 Local counsel for lead counsel Mills Edwards, LLP 14 Penn Plaza, Suite 2020 New York, New York 10122 MARCIA GRANT as mother and next IN THE friend of minor, DALLAS GREENE c/o Cohen Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills Edwards) a 3. CIRCUIT COURT FOR BALTIMORE CITY and CASE NO. MARCIA GRANT c/o Cohen Harris, LLC 1 North Charles Street, suite 350 Baltimore, Maryland 21201 (address of local counsel for lead counsel, Mills EdwardsPlaintiffs a a a x- ATLAS RESTAURANT GROUP, LLC OUZO BAY RESTAURANT 675 South President Street Baltimore, Maryland 21202 a Serve on: Anastasia E. Thomas Thomas Libowitz, P.A. 100 Light Street, Suite 1100 Baltimore, Maryland 21202 Defendant REQUEST FOR WRIT OF SUMMONS Clerk: Please issue a Writ of Summons for service upon Defendant, Atlas Restaurant Group, LLC Ouzo Bay Restaurant. Thank you. E. Spicer, Esquire/ a en Harris, LLC 1 North Charles Street, Suite 350 Baltimore, Maryland 21201 E-mail: losc?oh@Cohenliarriacom Telephone No.: (888) 585-7979 Fax No.: (443) 773-0675 Local counsel for lead counsel Mills Edwards, LLP 14 Penn Plaza, Suite 2020 New York, New York 10122 IN THE CIRCUIT COURT .. . (City or County) CIVIL - NON-DONIESTIC CASE INFORMATION REPORT DIRECTIONS Plainti?": This Information Report must be completed and attached to the complaint ?led with the Clerk of Court unless your case is exempted from the requirement by the Chief Judge of the Court of Appeals pursuant to Rule Defendant: You must ?le an Information Report as required by Rule THIS INFORMA TI 0N REPOR CANNOT BE ACCEPTED AS A PLEADIN FORM FILED BY: PLAINTIFF EJDEFENDAN CASE NUMBER . (Clerk ICASE Grant, 6?6 31 VS. Atlas Restaurant Group, LLC Ouzo Bay Defendant NAME: MaICia Grant PARTY c/o COHENIHARRIS, LLC, 1 N. Charles St, #350, Baltimore, MD 21201 If represented by an attorney: PHONE: 350: Baltimore, JURY Yes CINO RELATED CASE No If yes, Case if known' ANTICIPATED LENGTH OF . ._hours PLEADING TYPE New Case: Original CIAdrninistrative Appeal Appeal Existing Case: UPost-Judgment DAmendment If ?ling in an existing case, skip Case Category/ Subcategory section go to Relief section. IF NEW CASE: CASE (Check one box.) ICllilovermraemt LAW gConstructive Trust surance_ . Attorney Grievance Contempt Assault and Battery - Pmd?mt DBond Forfeiture Remission Deposition Notice Busmess and Commercral PROPERTY . [3 Conspiracy . ClVli l3 Dist Ct Appeal Conversion CI Adverse Possessron Code/0rd Financiai Defamation Breach of Lease Election Law . l3 Grand Jury/Petit Jury [1 False Arrest/Imprisonmth Di?mue . Domain/Condemn. Miscellaneous Fraud El Environment I Perpetuate Testimony/Evidence Lead Paint DOB 0f FiergiblgnEntry/Detamer El Error Coram Nobis l3 Prod. of Documents Req. - Habeas Corpus Receivership Youngest Plt. .. l3 Foreclosure Sentence Transfer Loss of Consortium Commercial Mendampnsoner R1 Set Asrde Deed El Prosecutlon Cl Remdentrai CI Spemal Adm. - Atty Cl Malpractice-Medical Currency or Vehicle [3 1911th 19f? Records CI Subpoena Issue/Quash CI Malpractice-Professional Deed of Trust [3 Trust Established Misrepresentation a Enid Installments Wm 0f Gamma? %m?ee Motor Tort zen EMPLOYMENT 1 ess ppearance? ompe li en El Mort a N?lgs ?10606 ljRightgofg Redemption '3 ADA I ggER [j Premises Liability Cl Statement Condo 5 El Product Liability Forfeiture of Property DQ eci?c Performance Personal Item FLSA Decimatory oxic Tort El Fraudulent Conveyance FMLA EQHItame Trespass Landlord?Tenant Workers. Com ensation Injunctive Relief Wrongful Death Lis Pendens p- I Mandamus CONTRACT gig/1601181111158 Lien OTHER [3 A best ?mew 5336,01,? DPartition/SaleinLieu Bus' ess (and ommercial ?3 gmetETl?e CI Assumption of Jurisdiction Grantor in Possession con (31:86 3 Rggins??%?ized Propel?WEI Authorized Sale Maryland Insurance Administration [3 Right of Redemption Attorney Appointment Miscellaneous Debt Tenant Holding over Cl Body Attachment Issuance Speci?c Transaction Fraud Commission Issuance CI Structured Settlements CC-DCM-OOZ (Rev. 04/2017) Page 1 of 3 IF NEW 0R EXISTING CASE: RELIEF (Check All that Apply) Abatement Earnings Withholding Judgment-Interest Return of Property C1 Administrative Action '3 Enrollment 13 Judgment?Summary Sale of Property Appointment of Receiver Expungernent ElLiab?ity Speci?c Performance Arbitration Findings 0f Fact 3 Oral Examination Writ-Error Coram Nobis a foreclosure El Order CI Writ~Execut}ilon ttac eat 11 ent njunction Writ?Garnis Pro Cl Cease Desist Ordgdil Cl JudgmentuAf?davit 1319;111:113: ?33,323?? 13 W?thamish Wage:Ly Condemn :3 Judgment?Attorney Fees Peace Order Writ?Habeas Corpus CGmemPt Cl Judgmenthonfessed l3 Possession gert'Mandamus court a Judgment-Consent l:lProduction of Records wmt"PosseSSIOH El Damages-Compensatory Judgment?Declaratory C3 Quarantine/Isolation Order CI DamagesuPunitive Cl Judgment-Default DRginstatement of Employment If you indicated Liability above, mark one of the following. This information is not an admission and may not be used for any purpose other than Track Assignment. CILiability is conceded. ULiability is not conceded, but is not seriously in dispute. [ELiability is seriously in dispute. MONETARY DAMAGES (Do not include Attorney's Fees, Interest,or Court Costs) Under $10,000 $10,000 - $30,000 13 $30,000 $100,000 Over $100,000 13 Medical Bills :3 Cl Wage Loss Property Damages ALTERNATIVE DISPUTE RESOLUTION INFORMATION Is this case appropriate for referral to an ADR process under Md. Rule 17-401? (Check all that apply) A. Mediation Miles BN0 C. Settlement Conference Yes B. Arbitration No D. Neutral Evaluation leNo SPECIAL REQUIREMENTS If a Spoken Language Interpreter is needed, check here and attach form CC-DC-041 If you require an accommodation for a disability under the Americans with Disabilities Act, check here and attach form CC-DC-049 ESTIMATED LENGTH OF TRIAL With the exception of Baltimore County and Baltimore City, please ?ll in the estimated LENGTH OF TRIAL. (Case will be tracked accordingly) El 1/2 day of trial or less 3 days of trial time 1 day of trial time Cl More than 3 days of trial time 2 days of trial time BUSINESS AND TECHNOLOGY CASE MANAGEMENT PROGRAM For all jurisdictions, if Business and Technology track designation under Md. Rule 16?308 is requested, attach a duplicate copy of complaint and check one of the tracks below. El Expedited- Trial Within 7 months of Cl Standard Trial within 18 months of Defendant's response Defendant's response EMERGENCY RELIEF REQUESTED (Rev. 04/2017) Page 2 of 3 COMPLEX SCIENCE TECHNOLOGICAL CASE MANAGEMENT PROGRAM (ASTAR) FOR PURPOSES OF POSSIBLE SPECIAL ASSIGNMENT ASTAR RESOURCES JUDGES under Md. Rule 16-302, attach a duplicate copy of complaint and check whether assignment to an ASTAR is requested. El Expedited - Trial within 7 months of Standard - Trial within 18 months Of Defendant's response Defendant's response IF YOUARE FILING YOUR COMPLAINT IN BALTIMORE CITY, 0R BALTIMORE COUNT PLEASE FILL OUT THE APPROPRIATE BOX BELOW. CIRCUIT COURT FOR BALTINIORE CITY (CHECK ONLY ONE) CI Expedited Trial 60 to 120 days from notice. Non-jury matters. Civil-Short Trial 210 days from ?rst answer. Civil-Standard Trial 360 days from ?rst answer. Custom Scheduling order entered by individual judge. El Asbestos Special scheduling order. Lead Paint Fill in: Birth Date of youngest plaintiff I3 Tax Sale Foreclosures Special scheduling order. Mortgage Foreclosures No scheduling order. CIRCUIT COURT FOR BALTIIVIORE COUNTY [j Expedited Attachment Before Judgment, Declaratory Judgment (Simple), (Trial Date?90 days) Administrative Appeals, District Court Appeals and Jury Trial Prayers, Guardianship, Injunction, Mandamus. . Standard Condemnation, Confessed Judgments (Vacated), Contract, Employment (Trial Date-240 days) Related Cases, Fraud and Misrepresentation, International Tort, Motor Tort, Other Personal Injury, Workers' Compensation Cases. Extended Standard Asbestos, Lender Liability, Professional Malpractice, Serious Motor Tort or (Trial Date?345 days) Personal Injury Cases (medical expenses and wage loss of $100,000, expert and out-Of-state witnesses (parties), and trial of ?ve or more days), State Insolvency. El Complex Class Actions, Designated Toxic Tort, Major Construction Contracts, Major (Trial Date-450 days) Product Liabilities, Other Complex Cases. 7/2/2020 Date . .. 1 Char}? Street? Joseph E. Spicer, Esquire Address .. Baltimore MD 21201 City - State Zip Code (Rev. 04/2017) Page 3 of 3