FIlED IN ClERK'S OFfICE

UNITED STATES DISTRICT COURT

U.S.D.C. All....
IN THE
NOV -8 !O11
NORTHERN DISTRICT OF GEORGIA
JAMES ". HAUEN, CLERK
c t ~
MARTY RICHARD FERGUSON CASE NO. _
AND M.E.R.S. (AFTERCARE),
PLAINTIFF'S,
VS.
1:11-CV-3861
STATE OF MARYLAND ET AL,
DEFENDANTS.
PRELIMINARY BRIEF
I. NOW COMES, PLAINT1FF, MARTY RICHARD FERGUSON AND THE MAATIAN ETHICAL
RECOVERY 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 IN
COURT 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 Patent
Clause ( or Patent and Copyright Clause), the intellectual Property Clause, empower the United States
Congress:
"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 right
to their writings as the basis for U.S. Copyright Law, and the power to secure for limited times to inventors
the exclusive rights to their discoveries as the basis of U.S. Patent Law.
Because the Clause contains no language under which Congress may protect Trademarks, those instead are
protected under the Commerce Clause. Useful Arts does not refer to artistic endeavors, but rather to the
work ofartesians, people skilled in manufacturing craft. Science is not limited to fields of modem scientific
inquiry, but to all knowledge, including philosophy and literature.
III. Additionally, Tortious lnterference, also known as intentional interference with contractual relations,
in common Law of Tort, occurs whenone person intentionally damages the plaintiffscontractual or other
business relationships. This tort is broadly divided intotwo categories, one specific to contractual
relationships ( 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 the
contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his
obligations under the contract thereby preventing the plaintiff from receiving the performance promised.
The hardcore instance of this tort occurs when one party induces another to breach a third party, such
conduct 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 plaintiff's quarry by threatening to
"vex] them ]with suits". The King's Bench Court said the defendant threatened violence to the extent of
committing assault upon .... Customers of the plaintiff .... Whereupon they all desisted in buying,".
Or
In Keeble v. Hickringill, (1707) 103 Eng. Rep 1127, styled a trespass on the case, the defendant had used a
shotgun to drive ducks away from a pond, here the actionable conduct was not directly griving customers
away, 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 way of getting a
livelihood, their an action lies in all cases".
Conclusion
IV. The financial crisis provided the Plaintiff, the Sole Proprietor a sobering reminder of what happens
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 from
around 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 of
that growth comingfrom government, professional andbusiness services including real estateand
outsourcing. What's more inflation and adjusted wages stalled for many even as consumer spending
increased. The current economic conditions force the plaintiff forward with the HSB and moves for
Confirmation of his Maatian Ethical Recovery Sysetems Patent M.E.R.S. '(Aftercare) and argues that
innovation is not a side business to a real business, rather innovation innovation is the Foundation ofa
Successful Business.
As Lynda Applegate proclaims in her June 2009 HSB report" Don't just survive-v-Thnve: Leading
Innovation in Good times and Bad! Having been battered by contracting markets and frozen credit, like
many businesses today [we] are fighting for survival. Indeed the current global crisis provided the Sole
Proprietor of the Maatian Ethical Recovery System with it's mandate for restructuring. But survival is not
the end goal. In fact cost cutting and restructuring are the first steps in repositioning and creating a leading
new 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 Maryland
and the United States that his restructuring continues successfully and brings the matters herein before the
United States to resolve these controversies] for Official Review.

Pro Se
% Maatian Advocacy Group
Marty Richard Ferguson
Sole Proprietor, M.E.R.S.
Inventor; M.E.R.S. '(Aftercare)
7J6 !6o;{'
,i7z./ftff/J/ C I'J .
Certificale of Service
I DO HEREBY CERTIFY that I have served the foregoing notice and PRELIMINARY BRIEF with first
Class U.S. Postage thereon addressed to the State of Maryland this 7
th
Day of November 2011 addressed to:
%Alexander M. Sanchez, Secretary
Department of Labor, Licensing and Regulation
Divisionof Occupational andProfessional Licensing
500 North Calvert Street, 3" Floor
Baltimore, Maryland 21202-3651
Courtesy Copy to the Commissioner of Patent
------------------
DIVISION OF OCCUPATIONAL AND PROFESSIONAL liCENSING
500 North Calvert Street, 3rd Floor
Baltimore, MD 21202-3651
Mo[lR
Stanley J. Botts, Commissioner
D,P\R I MENT OF LABOR, LlClNS1NG A>;D REGULATION
October 31, 2011
Dear 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 renewal
application or apply for an original apprenticeship. In order to better assist you, please
contact this office at (410) 230-6164. Your correspondence stated that you submitted a
fee of $15.00, however there was no fee included.
Sincerely,
~ n J 4 //4<--c
~ ~ ~ Clarya'"
Administrative fifer
State Board of Plumbing
TTY USERS, CALL VIA THE MARYLAND RELAY SERVICE
INTERNET: VVVVW.DLLR.STATE.MD.US E-MAIL: OP@DLLR.STATE.MD.US
MARTIN O'MALLEY, GOVERNOR ANTHONY G. BROWN, LT.GovERNOR ALEXANDER M, SANCHEZ, SECRETARY
Marty Richard Ferguson
P.O. Box 440
Atlanta, Georgia 30301-0440
October 5.2011
Alexander M. Sanchez
Secretary of Labor Licensing and Regulation
500 North QQaAeS Street (' 4 ~ 7
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, but
this 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 Recovery
System. This company was supposed to purpose the American with Disabilities
Community.
As you know, I've spent nearly 6 years in a plumbing apprenticeship in Maryland until
the collision of March 20, 2003 and then things changed or so people thought. But the
fact remains my plans remain true on course and achievable.
I am fully qualified for every plumbing license via the Maryland Apprenticeship Program
with Associated Builders and Contractors in Maryland with the exception of Master
Plumber. (With a former Contractual Agreement with BGE Home Products and
Services.)
Aside from Plumbing I remain a multi-talented individual in other areas before Plumbing
however my unseen character effects bothered me for a very long time.
I'rn putting that background to use in my new company. producing products and
technology that individuals in this community can use as for years to come.
1/64 Standard of Excellence
In Holding to my 1/64 standard I submit to you copy of my Backflow Prevention Device
License which expires in February 2012 and my $15.00 money order for that Plumbing
License which includes sitting for exam for Journeyman PlumberlGas Fitter.
As I impressed to all parties since that fateful collision at Russell and Bayard Streets my
situation was serious and critical beyond those medical conditions which have healed
some time ago. but the situation remains mysteriously serious and critical.
Marty Ferguson
October 5, 20 I I
Page 2
Over-involvement in old Business
And taking Inventory
One of the worst things anyone can do to an American with Disability is to continue to
force 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 is
another sure method to create relapse.
Happily, I still believe that I have the ability to create and produce this product of a Small
Business 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 or
my programmed lifestyle despite the eonditions at the moment. These are the keys to my
position.
If I am given exclusive access to my business I will bring forth success. however when
others who do not have my best in mind are allowed access I can show you failure,
apathy and procrastination.
Conclusion and Solution
I respectfully beg the Honor to excuse me if I come across overly bold or brazen. This is
not 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 bed
fractured in utter tears over this situation. That's because I saw it coming long before it
happened but no one in Maryland listened.
Let's face it some people don't want other people to have success aside from the fact that
Plumbing companies and contracts are worth millions of dollars. I have lost an enormous
amount earnings via this "so-called" agreement with Constellation Energy which has
ended.
At the end of the day I'm thankful to be alive and still in good health. But this doesn't
mean I will allow anyone to profit from the circumstances if [ can help it. The
impairment from the obvious wealth on the other side of this $15.00 license to return to
work is all too obvious.
Understanding that Maryland's position is Maryland License, Maryland Plumber but
that's too simple and doesn't truthfully reflect the Problem. My treatment at Johns
Hopkins for addictions management was total, complete, AND IMMACULATE and
remains (14 plus years sobriety).
Marty Ferguson
October 5, 20 II
Page 3
Maryland's losing money, I'm losing money, and the United States is losing money; this
is the corporate error for lack of support to this apprenticeship from Maryland. I left
Maryland in 2003 from a disaster, returned to a disaster, and left again on a disaster. The
sheer 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 in
the State? The only solution here is to respectfully request my Plumbing license
attached and shown of the Honor and move on smartly.
Here's my dilemma; its only October and I need money for corporate space for my
company, If I had my Plumbing license this scenario would not exist. Especially at a time
when the United States is looking for any and all means to get Americans back to work? I
find I must shut down early and planning for next year? Notwithstanding the stigmatic
injury.
Please forgive for the long letter but I think Maryland is taking Inventory and otherwise
over-involved with matters that could better be resolved with the issuance of license
rather than withholding of a $15.00 license.
I thank the Honor for his time and consideration and wish Maryland the best of luck. I
send my warmest regards to Maryland but I've done my job there given the conditions.
Respectfully Submitted,
l J ~ t t J ~
Marty R. Ferguson
Founder, Maatian Ethical Recovery System
Cc Maryland State Board of Plumbing
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 Qualifications
Master Plumber/Gas Fitter Person must have held a journey license for at
least two years; and
Person must have completed 3,700 hours of
training under the direction and control of a
licensed master plumber; and
Person must pass a comprehensive written
examination.
Journey Plumber/Gas Fitter Person must have held an apprentice license for
at least 4 years; and
Person must have completed 7,500 hours of
training under the control and direction of a
licensed master plumber; and
Person must have cornpleted 32 hours of training
in backflow prevention device testing; and
Person must pass a comprehensive written
examination.
Apprentice Plumber/Gas Fitter Person must be at least 16 years of age.
Master Natural Gas Fitter Persons shall have a current Master Gas Filler
license from Baltimore City, Baltimore County or
VVSSC; or
Until 10/1/2002, Have at least 4 years of
experience, and completed an approved training
program; or
Possess an HVACR Master or Master Restricted
license, have at least 2 years of gas filling
experience as a journey gas fitter under a master
gas fitter, plumber or HVACR master, who is
found to be approved, and pass an examination.
Journey Natural Gas Fitter Persons shall have a current Journey Gas Fitter
license from Baltimore City, Baltimore County or
VVSSC; or
Acquired 3,750 working hours as an apprentice
natural gas filler over a period of at least 2 years
under the direction and supervision of a licensed
master gas filler or master plumber
Note; After 10/1/2001 Persons applying based
upon experience will also be required to
LIcense rcequtremerus - .vraryranu racaru or r-turnmng rage L. or L.
complete an approved training course and pass
an 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 Propane
Gas Association certified training program for
Distribution Systems Operations; or
Person must hold a gas fitters license from a
county or municipal corporation authorizing the
person to provide gas services under a licensing
program in existence prior to July 1, 1995; or,
Person must demonstrate to the Board that the
person's qualifications are at least equivalent to
the qualifications required by the National
Propane Gas Association training program for
distribution systems operations.
Return to the Division of OCcupational and Professional Licensing home page III
Questions or comments regarding the Board of Plumbing may be directed to plumbinCl@dllr.state.md.u5
(maino:plumbinq@dllr.state.md.us) .
Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed to
oP@dllr.state.md.us (maino:oCJ@dllr.state.md.ys) .
Questions or comments regarding the DLLR website may be directed to webmasterdllr.state.md.us
(mailto:webmaster@dllr.state.md.usl .
Updated December S, 2009
ivraryranu noaru or r-rumomg - UIVISlUn or uccupauonal anu r-roressionar Licensmg rage lUlL.
DLLR's Division of Occupational and Professional Licensing
Maryland Board of Plumbing
The State Board of Plumbing licenses and regulates individuals who provide or assist in providing
plumbing and gas services in Maryland. As of October 1, 2000 the Board issues natural gas filter
licenses to qualified individuals who are non-plumbers. Both of these types of licenses are required for
work throughout the State except for B a ~ i m o r e County and the areas served by Washinglon Suburban
Sanitary Commission (WSSC). These Iwo jurisdictions issue Iheir own licenses and have their own
plumbing code. The State Plumbing Board also issues a certificale to qualified individuals, who are non
plumbers, to provide propane gas services throughoullhe entire Stale.
Board Members:
Michael J. Kastner, Jr., Chair, Induslry Member, Howard County
Keith R. Horton, Vice Chair, Industry Member, Baltimore City
Jon Garner, Industry Member, Garrell County
Charles Lenderking, industry Member, Worcester County
Joseph A. Radtka, Induslry Member, Anne Arundel County
Russell A. Wiebking, industry Member, Howard Counly
Vacanl, Consumer Member
Vacanl, Consumer Member
Vacant, Induslry Member
Vacant, Execulive Director
Brenda Clark, Administralive Aide
Maryland Apprenticeship and Training (..I..Ilabor/appr.htmll
Doing Plumbing Work in Maryland INilhout A License or Insurance? Worth Going to Jail? (plnolic.shlmil
Enforcement Alert - Lead-Based Painl (plepa.shlml)
Public Meetings
Regular business meetings of Ihe Slate Board of Plumbing are scheduled for the Ihird Thursday of each
month. 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 Plumbing
500 N. Calvert Street
Room 302
Baltimore, Maryland 21202-3651
(410) 230-6270
Fax (410) 333-6314
e-mail: plumbing@dllr.state.md.us(maino:plumbing@dllr.state.md.usl
Disclaimer 1..I..Iabouldlir/pnvacyslatement.shtmil
Rerum to the Division of Occupational and Professional Licensing home Dage f../J
Questions or comments regarding the Board of Plumbing may be directed to plumbinqdllr.state.md.us
fmailto:plumbinct@dllr.stale.md.usJ .
Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed to
op@dll,.state.md.us fmailto:oP@dllr.state.md.usl.
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 "(Mechanical). \J,,'e will be a premier Mechanical Contractor hoping
to help ;'011 \.vi th all phases of commercial plumbing.
Contact Us
W..:. believe \\C arc a capsrouc . causeway and searchlight for the Mechanical commururv
Let's discuss your ideas! YoU!' free consultation is just a phone call away.
V"lst4t:"n!

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

MARTY FERGUSON
PO 80\ -l-lO
Atlanta. GCllrgia .30301-04..J.0
Phone (866) 5 096
hl\. (888) 8:;3-531:':
mart, krg:uson-+ a grnail.com
November 3, 2011
eNomeCentral Headquarters
5808 Lake Washington Blvd. NE
Kirkland, 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 and
Maatianhusiness.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 ofyour reps last month hut you still remain parked.
Sincerely,
Marty Richard Ferguson

aatianbusiness.com 1/1
MARTY FERGUSON
1'.0. [1,1\ HI)
Atlanta, O-l-lO
Phone IR(6) 550-1096

IllJI1> gnui I.com
November 3,2011
Mike Henderson, President
ABC Baltimore Metro Chapter
1220 E. Joppa Road Ste. 322
Towson, 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 Certificate from MPHCC as requisite for copy of my
certificate 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 am
correct this qualifies me for certificate as well as National Exam.
I am available for your questions as always. Take care.
Sincerely,
Marty Richard Ferguson
1/3/11 Home
aatianbusiness.com 1/1
\'1.\ HTY FEI?(; ("SO:"
P.O. Box440

November 3,2011
Mr.Jim Mathes, Vice President andGeneral Counsel
Cortera Inc.
1 Pine Hill Drive
Quincy, MA02169 Re: PatentPending
Dear Counselor,
I send wann greetings toyou andyour fineorganization, asI present toyou theattached listingconcerning the
Maatian Ethical RecovelY System.
Asyou can see your listingisa Heavy Construction Company. Please review mybiolistingattached.
I would bemore thanhappy to give you anaccurate bioandthe "Real Deal" onmycompany alter thislisting
comes down (AndI finallywritea business plan) understanding that I contacted your officevia phone
(10/17/2011) yesterday andtheygave methisaddress.
Take care andhave a greatday.
Sincerely,
Marty Richard Ferguson
Sole Proprietor, Maatian Ethical RecovelY System

aatianbuslness.com 1/1