Full opinion text
MEMORANDUM OPINION PAUL W. GRIMM, District Judge. This Memorandum Opinion addresses the Motion for Summary Judgment and Memorandum in Support that Defendants Caroline Raissa Emandop Ngoubene, Rox-ane Marie-Frangoise Ngoubene, and Dany Estelle Ngoubene filed (“Summ. J. Mot.” and “Mem.”), ECF No. 158; Plaintiff Corine Elat’s Opposition (“Opp’n to Summ. J.”), ECF No. 155, which I construe to incorporate a Motion to Amend, as discussed in Part III below; and Defendants’ Reply (“Summ. J. Reply”), ECF No. 160. It also addresses Defendants’ Motion in Limine to Exclude Plaintiff’s Expert Witness (“Mot. in Limine”), ECF No. 159; Plaintiffs Opposition (“Opp’n to Mot. in Limine”), ECF No. 156; and Defendants’ Reply (“Mot. in Limine Reply”), ECF No. 161. Having reviewed the filings, I find that a hearing is unnecessary. See Loe. R. 105.6. For the reasons stated below, Defendants’ Motion in Limine is GRANTED IN PART and DENIED IN PART; Plaintiffs Motion to Amend is DENIED; and Defendants’ Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. I. BACKGROUND In January 2006, while Plaintiff was in her early twenties and living in her homeland of Cameroon, Plaintiffs aunt and uncle, Marie-Thérése and Frangois Ngoubene, invited her to the United States to live with them and their children, including three of their daughters, who are Defendants in this case. Elat Dep. 20:10-20, 150:3-154:1, Feb. 8, 2013 (“Elat Dep.”), Pl.’s Opp’n to Summ. J. Ex. H. Although Plaintiffs allegations are far broader than the evidentiary support she provides, the essence of her supported allegations regarding the beginning of her alleged servitude is that she met with her uncle, Frangois Ngoubene, after her mother spoke with her aunt, Marie-Thérése Ngoubene, and he had her sign documents with the understanding that she might have the opportunity to live and work in the United States. Plaintiff alleges that she did not know that she signed a contract to work as a domestic servant for the Ngoubenes. Second Am. Compl. ¶¶ 16-18, ECF No. 44. In support, Plaintiff offers her own deposition testimony, which is unrebutted, as neither Marie-Thérése or Frangois Ngou-bene was deposed. Plaintiffs testimony portrays a culture in Cameroon in which children are subservient to and do not question adult authority figures, even after reaching adulthood themselves. She testified that “the grownups” would talk amongst themselves to make decisions pertaining to their children. Elat Dep. 154:6-155:9. For example, Plaintiff met Bertin Miñosa, who is now her husband, when she was about seventeen or eighteen years old, see id. at 128:1-3, and at some point thereafter, became pregnant with his child and moved in with him, id. at 136:14-137:2. After the baby was born, Plaintiff and Mr. Miñosa continued their relationship, but Plaintiff moved back in with her mother “just because [their] parents suggested] things and [they] agreed on it.” Id. at 141:21-143:18. Additionally, before coming to the United States, Plaintiff had planned to work at whatever job “[her] mom would help [her] find.” Id. at 147:21-148:1. In her deposition testimony, Plaintiff described a day in which her mother told her to meet with her uncle, Frangois Ngou-bene, she went to her uncle’s house in Cameroon, and they hurriedly went for a ride in his car. Elat Dep. 58:19-60:16; 150:3-152:6. During the ride, Mr. Ngou-bene mentioned that he was not sure whether Plaintiff or an aunt of hers, Nicole, would be going to the United States with him. Id. at 152:16-154:1. They stopped at a “copy stand,” but she did not “really know what he wanted to do at the copy stand” and did not “know what he told [the men at the stand] exactly”; Plaintiff signed some “folded-up papers” that were written in English, a language she did not speak then; and they went to the Cameroonian Ministry of Foreign Affairs, where Plaintiff “was just standing there” and “didn’t know why [she] was there.” Id. at 152:5-15; 156:3-161:9. Throughout the visit, Plaintiff never asked what was happening. Id. at 151:13-161:9. Nor did she ask her uncle what the documents were that she signed, “because [she] trusted him.” Id. at 168:15-18. Plaintiff testified that, a couple of days later, her aunt told her she would have a job, but she did not “ask anything about the job.” Id. at 169:14-170:9. Plaintiff attached to her Second Amended Complaint the document that she signed the day that she met with her uncle, Frangois Ngoubene, in Cameroon. Contract, Second Am. Compl. Ex. A, ECF No. 44-1. The document, titled “Contract of Employment,” is between Frangois Ngoubene as “Employer” and Corine Elat as “Employee.” Contract 1. The Contract states that Plaintiff “is hired to perform as a domestic worker” and “shall be remunerated on the basis of $9.38 an hour per 40 hours a week,” with “no deduction for food and lodging.” Id. art. 2 & 3. The Contract is dated January 16, 2006. Id. at 2. Plaintiff obtained an identification card to leave Cameroon. Elat Dep. 161:15-20. Although she was aware that her card listed her occupation as “housekeeper,” she believed “there was confusion or mistake on that card.” Id. at 163:15-165:19. She did not try to correct the identification card “because it was a struggle to get the card” in the first place. Id. at 166:2-5. Plaintiff began living with the Ngou-benes in College Park, Maryland in April 2006. Pl.’s Opp’n to Summ. J. 3; Defs.’ Mem. 14. She returned to Cameroon with the Ngoubene family in the summer of 2007 for two months, and then brought her daughter, J., with her when she returned to the Ngoubene home in the United States. Elat Dep. 37:14-17, 104:21-105:7; 107:9-21; 115:13-116:8. At the Ngoubene home, Plaintiff worked long days “doing household chores.” Id. at 241:6-242:4. Specifically, she prepared breakfast and cooked meals for the family, id. at 208:13-211:18, 224:5-6, 225:9-10; washed dishes, id. at 213:17-19, 214:2-13; “did the guests’ laundry,” id. at 246:20; cleaned the house and shopped for groceries, id. at 241:6-242:4; washed cars, id. at 245:13-20; and braided Defendants’ hair, Elat Dep. 497:17-499:4, May 10, 2013 (“Elat Dep. II”), PL’s Opp’n to Summ. J. Ex. L. However, the remaining Defendants were not the ones who made her do housework, id. at 207:19-208:8, and although Plaintiff testified that she “was asked to” braid hair, Elat Dep. II 498:2-3, she did not identify who asked her. Plaintiff claims that her access to food while working for the Ngoubenes was limited, Elat Dep. 229:22-231:3, and that, despite the contract language stating that she was to be paid an hourly rate of $9.38, she received no payment, other than small monetary gifts and $2,500 in 2008, which Plaintiff did not know why she received, id. at 190:9-191:11, 196:1. Indeed, Defendants provided no evidence of payment to Plaintiff other than occasional gratuitous payments. See id. Marie-Thérése Ngou-bene told Plaintiff not to leave the home unaccompanied, and although it was not the Ngoubene daughters’ rule and they did not enforce it, they would “tell on” Plaintiff to their parents if she “didn’t follow the rule.” Id. at 271:3-21. Defendants told Plaintiff not to talk to strangers and told her that they, also, did not speak to strangers. Id. at 272:15-273:18, 380:5-382:11. Dany Ngoubene, in Plaintiffs opinion, “was really mean” to her by calling her a “bitch,” telling her that she “didn’t like kids in general,” and “counting] the chocolate [wrappers] that [J.] had eaten,” which made J. “sad.”. Id. at 257:1-258:1, 280:9-281:4. Plaintiff and her daughter had to live in an addition of the house that “didn’t have [a] heating or cooling system” and, although Marie-Thérése Ngoubene bought a space heater, it “wasn’t working properly,” and Mrs. Ngoubene did not replace it. Id. at 425:16-432:5. Once, in October 2006, Plaintiff told Marie-Thérése Ngoubene that she “wanted to leave,” but that was “the only day” she asked to leave. Elat Dep. 101:6-17, 107:4-11, 110:22-111:1. Plaintiff testified that, after she “told Marie-Therese that [she] wanted to leave, ... Caroline said, well, [you] can’t leave the house because [you] don’t have papers,” and “Caroline used the term ‘deported.’ ” Id. at 108:6-17, 109:1; see id. at 110:20-111:6 (same). Plaintiff acknowledged that the October 2006 conversation was the only time Caroline Ngoubene mentioned deportation, and that Roxane Ngoubene and Dany Ngoubene never mentioned deportation. Id. at 109:14-19. In May 2008, Plaintiff left the Ngoubene household. Pl.’s Opp’n to Summ. J. 5; Defs.’ Mem. 63-64. The day she left, her uncle, Mr. Ngoubene asked her for her passport and Roxane Ngoubene searched Plaintiffs bags for the passport. Elat Dep. 274:15-22. However, Plaintiff already had given her passport to her husband, who had moved to the United States, for safekeeping. Id. at 275:19-276:1. One month later, Plaintiffs attorney mailed a letter to Mr. Ngoubene, stating that Plaintiff “worked as an employee at [Mr. Ngoubene’s] home for two years” without “receiv[ing] compensation,” and asking Mr. Ngoubene to have his attorney contact Plaintiffs attorney. June 3, 2008 Ltr., PL’s Opp’n to Summ. J. Ex. O. After that, events began to happen that, in Plaintiffs view, were attempts by the Ngoubenes to dissuade her from filing her lawsuit. PL’s Opp’n to Summ. J. 6. In October 2010, Plaintiffs mother “started calling [her] regularly, which she didn’t do before,” insisting that Plaintiff “ha[d] to leave the state.” Elat Dep. 320:9-12. Plaintiff testified that she learned through her mother that her aunt, Marie-Thérése Ngoubene, was calling Plaintiffs mother regularly and threatening that the “embassy police” were “looking after [sic ]” Plaintiff “[t]o deport her.” Id. at 321:13-324:1. Also, when Plaintiff, her husband, and a lawyer who was friends with Plaintiffs husband went to the Cameroonian embassy and the lawyer told the ambassador that Plaintiff was “a victim of slavery or forced labor,” the ambassador “got very angry ... at everybody in the room.” Id. at 297:12-299:18. Plaintiff claims that Defendants’ uncle, Guy Patrick Ewounkem, physically assaulted Plaintiff and her husband. Pl.’s Opp’n to Summ. J. 5-6. Another of Defendants’ uncles, Lucien Epah, after learning that Plaintiff planned to sue the Ngoubenes, “almost seream[ed]” at Plaintiff in a manner that she found threatening and told her that she had “to apologize to Mrs. Ngoubene.” Elat Dep. 89:7-91:9. However, Plaintiff acknowledged that she had no evidence that either uncle acted on behalf of the Ngoubenes; she simply “believe[d] so ... [b]eeause they were still in contact with the Ngoubenes.” Id. at 91:17-92:19. Additionally, Plaintiff “had [her] car vandalized” and “someone tried to break in[to] [her] apartment,” and in her view, “this always happened, every time [she] took a step forward with this procedure [her claim for unpaid wages].” Id. at 308:12-21. Once again, Plaintiff identified no direct evidence linking these events to her uncles, the Ngoubenes, or Defendants in particular. Id. at 310:5-311:14. Plaintiff, claims that, because of these actions, she did not have the “courage to file her claims” until October 2011. Pl.’s Opp’n to Summ. J. 6. After leaving the Ngoubene household, Plaintiff applied for and received, on January 20, 2010, a T visa. Notice of Action, Pl.’s Opp’n to Summ. J. Ex. B. Once Plaintiff secured the visa, she “believe[d] [she had] protection” from being deported. Elat Dep. 320:9-321:12, 323:5-325:9; Elat Dep. II 475:1-9. On October 13, 2011, Plaintiff filed an eighteen-count Complaint against her uncle, Frangois Ngoubene, her aunt, Marie Thérése Ngoubene, and her cousins, Caroline Ngoubene, Roxane Ngoubene, and Dany Ngoubene, as well as their brother, Collins Rene Ngoussomo, alleging, inter alia, violations of the Federal Trafficking Victims Protection Reauthorization Act 18 U.S.C. §§ 1589, 1595 (“TVPRA”), and Maryland common law. Compl., ECF No. 1. Subsequently, Defendants filed a Motion to Dismiss, ECF No. 24, asserting diplomatic immunity, which the Court granted as to Defendants Frangois Ngoubene, Marie-Thérèse Ngoubene, and Collins Ngoussomo, ECF No. 43, permitting Plaintiff the opportunity to file a second amended complaint against those defendants not entitled to diplomatic immunity, Caroline, Roxane, and Dany Ngoubene. On June 4, 2012, Plaintiff filed a second amended complaint against Defendants Caroline, Roxane, and Dany Ngoubene, asserting five claims: violations of the TVPRA (Count I), false imprisonment and conspiracy to commit false imprisonment (Count II), quantum meruit (Count III), unjust enrichment (Count IV), and replev-in (Count V). Plaintiff contends that Defendants are equitably estopped from raising an affirmative defense of statute of limitations with respect to her state claims, because Defendants purportedly used physical violence and threats of physical violence against Plaintiff and her family to dissuade her from filing suit. Second Am. Compl. ¶ 93. Plaintiff asserts that “every professional who has reviewed her case has agreed that Ms. Elat is a victim of human trafficking, including the counselors and psychologists who examined and assisted Ms. Elat after her escape from the Ngoubene family, and the U.S. Department of Homeland Security, that awarded Ms. Elat a special visa for victims of human trafficking.” Pl.’s Opp’n to Summ. J. 2. The two individuals who purportedly “examined and assisted” Ms. Elat were psychotherapist Kathleen Toellner, Psy.D. and human trafficking expert Florence Burke. See K. Toellner Ltr., Pl.’s Opp’n to Summ. J. Ex. A; Burke Report, Pl.’s Opp’n to Summ. J. Ex. C. This evidence is discussed in Part II, below. II. EVIDENCE CONSIDERED ON SUMMARY JUDGMENT In reviewing a motion for summary judgment, I consider “particular parts of materials in the record” to which the parties have cited, unless a party “object[s] that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence,” in which case I consider the merits of the objection and only consider such facts if I conclude that they are supported by facts that could be “presented in a form that would be admissible in evidence” and overrule the objection. Fed.R.Civ.P. 56(c)(1)(A), (2). Here, Defendants have objected to the admissibility of Ms. Burke’s testimony, with regard to which they filed a Motion in Limine; the T visa; and Ms. Toellner’s letter. See Defs.’ Summ. J. Reply 4-5. A. Motion in Limine as to Ms. Burke’s Testimony Plaintiff designated Florence Burke as an expert witness. Pl.’s Opp’n to Summ. J. 2 n. 3. Ms. Burke has a master’s degree in clinical psychology and began but never completed a Ph.D. program in clinical psychology. Burke Curriculum Vitae, Pl.’s Opp’n to Mot. in Limine Ex. C, ECF No. 156-3. She has worked with and interviewed approximately 300 human trafficking victims over the course of fifteen years and provided training and lectures on human trafficking to a wide range of audiences. Burke Report 7-9, Defs.’ Mot. in Limine Ex. 2, ECF No. 159-2. In her Expert Report, Ms. Burke expressed the opinion that “Ms. Elat was a victim of human trafficking” who “was brought to the United States under false pretenses and compelled to perform domestic services against her will,” while “[c]oercion and threats were used to maintain control over [her].” Burke Report 1. Ms. Burke expressed the opinion that “the defendants' collaborated with their parents to prevent Ms. Elat from forming outside relationships,” although she did not identify any facts to support this opinion. Id. at 4. In Ms. Burke’s opinion, “the climate of fear established by the Ngoubene family was effective in keeping Ms. Elat in their household,” and “the Ngoubene family engaged in ... manipulation” typical of traffickers “to keep the worker from escaping or asking to leave.” Id. at 5. Additionally, Ms. Burke, opined that “Ms. Elat suffered and continues to suffer ongoing emotional distress from the isolation, loss of certain freedoms, lack of social and familial support and control over her life and work.” Id. at 1. Ms. Burke stated that she will testify generally about “the effect of this type of social isolation on a young woman”; “the patterns of coercion and threats that are typically present in situations involving the exploitation of foreign workers”; “the effects that lack of familiarity with United States laws, customs, and norms, little or no access to information or support outside the employer’s family, and physical isolation have on the behavior of migrant workers”; and “how it is common for traffickers to exert control and foster dependency in a variety of ways that are both subtle and overt.” Id. at 4-5. She also stated that she will testify about the effects that Plaintiffs living and working conditions had on her specifically and “how the allegations of Ms. Elat fit within similar profiles of worker exploitation and human trafficking cases.” Id. Defendants challenge Ms. Burke’s conclusion that Plaintiff was a victim of human trafficking and seek “to preclude Plaintiffs expert witness, Florence R. Burke, from testifying at trial.” Defs.’ Mot. in Limine 1; see Defs.’ Summ. J. Reply 4 & n. 15. Defendants particularly ask the Court to exclude Ms. Burke’s testimony that “Plaintiff was the victim of human trafficking as defined by 18 U.S.C. § 1589(a)” and her “opinions regarding mental and emotional harm that [Plaintiff] allegedly suffered as a result of being the victim of human trafficking.” Defs.’ Mot. in Limine 1. Yet, in their Reply, Defendants broaden their objection to Ms. Burke’s testimony, arguing that it “should be excluded in its entirety.” Defs.’ Reply to Mot. in Limine 9. In their view, Ms. Burke’s “individual opinions are directly related to Ms. Burke’s general opinion that Plaintiff ‘was a victim of human trafficking’ ” and that “Plaintiff has suffered emotional distress and [that her victimization was] the cause of the alleged emotional distress.” Id. at 10. Defendants challenge the admissibility of Ms. Burke’s opinion that Plaintiff was a victim of human trafficking on the bases that it is a legal conclusion and an improper credibility determination, and that it is based on insufficient facts. Defs.’ Mot. in Limine 3-10. They challenge the admissibility of her opinion that Plaintiff suffered emotional distress on the grounds that Ms. Burke lacked specialized knowledge; her opinion would not be helpful to the jury; and her opinion is inadmissible as lay testimony. Id. at 10-13. 1. Admissibility of expert testimony “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise” if: (a)the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case. Fed.R.Evid. 702. Additionally, “[a]n opinion is not objectionable just because it embraces an ultimate opinion.” Fed.R.Evid. 704(a). 2. Opinion about Plaintiff as a victim of human trafficking a. Basis of opinion Defendants argue that “Ms. Burke’s opinion lacks a sufficient factual basis” for her to testify about whether Plaintiff was a victim of human trafficking because Ms. Burke “made no attempt to verify any of Plaintiffs allegations or to even consider any contradictory evidence.” Defs.’ Mot. in Limine 9. Defendants contend that Ms. Burke based her conclusions “primarily on [a December 2012] interview” she conducted of Plaintiff, without “investigating] the accuracy of any of the statements Plaintiff made to her during their interview,” such as by “questioning] any other individuals involved in the case.” Id. at 2. They maintain that “Ms. Burke’s understanding of the ‘facts[ ]’... is based almost entirely on ... her complete acceptance of every factual allegation made by Plaintiff, and her rejection of every factual allegation made by the Defendants.” Id. at 6. Acknowledging that Ms. Burke reviewed Caroline Ngoubene’s deposition transcript, they argue that Ms. Burke “simply discounted it.” Id. at 9. According to Defendants, Ms. Burke testified that she “relied” only on Plaintiffs complaint “for factual information in formulating her opinions.” Defs.’ Reply 4. Indeed, Ms. Burke testified that, while she “review[ed]” relevant documents beyond the Complaint, the factual information she reviewed that “supports or is a basis for [her] opinion that [Plaintiff] is a victim of human trafficking in terms of the facts of what happened in this case” was limited to Plaintiffs interview and her Complaint. Burke Dep. 203:19-207:18. Defendants insist that “there is a critical distinction between [Ms. Burke] having reviewed certain materials and her having relied on those materials in reaching her opinions.” Id. Plaintiff insists that Ms. Burke thoroughly] reviewed] ... materials, including: court filings from Ms. Elat and from Defendants; the records from Break the Chain Campaign, which provided services to Ms. Elat after her escape from the Ngoubenes; the records of Dr. Kathleen Toellner, who provided counseling to Ms. Elat after her escape from the Ngoubenes; over one hundred e-mails; dozens of photographs provided by Defendants; the depositions of Ms. Elat and of Defendant Caroline Ngou-bene; and a five and one-half hour in person interview with Ms. Elat. Pl.’s Opp’n to Mot. in Limine 3. She contends that Ms. Burke “reliably applied” her review of the facts “through the lens of fifteen years’ experience with human trafficking and thirty years’ experience with psychological counseling.” Id. at 4. In Plaintiffs view, “the quality of material reviewed may be fodder for cross-examination but is not a reason for excluding the expert’s testimony.” Id. at 5-6. Plaintiff also contends that “[r]eliable application merely requires that the witness articulate why her specialized knowledge, training, or experience leads to the conclusion reached.” Id. at 6. She asserts that Ms. Burke formed her conclusions by “eliciting information based on decades of work with trauma and human trafficking victims” and “comparing that information to her wealth of experience in the field.” Id. Ms. Burke stated in her Expert Report that she considered Plaintiffs Second Amended Complaint, the filings regarding Defendants’ Motion to Dismiss, Defendants’ responses to Plaintiffs interrogatories and document production requests, her interview of Plaintiff, more than 200 pages of documents produced in discovery, and various publications about human trafficking to reach the opinions she gave in her Expert Report. Burke Report 10-11. Additionally, in her First Supplement to Expert Report, she stated that she reviewed more than 100 documents and the deposition transcripts of Plaintiff and Caroline Ngoubene. Burke Report Supp. 1, Pl.’s Opp’n to Mot. in Limine Ex. E, ECF No. 156-5; see also Burke Dep. 298:1-17 (testifying that she “considered” Caroline Ngoubene’s deposition testimony). Ms. Burke concluded that “these documents are consistent with and support the findings stated in [her] Expert Report.” Burke Report Supp. 1. In sum, it appears that there are few, if any, documents in this case that Ms. Burke has not considered. Accordingly, Ms. Burke’s testimony is “based on sufficient facts or data.” Fed. R.Evid. 702(b). b. Legal conclusions According to Defendants, “Ms. Burke’s opinion that Plaintiff was the victim of ‘human trafficking’....is purely a legal conclusion” because it “amounts to nothing more than her own assessment of the evidence and determination that it fits the elements of the statute at issue.” Defs.’ Mot in Limine 5. In their view, although an opinion on an “ ‘ultimate issue’ ” may be admissible, Ms. Burke’s opinion is not admissible because it will not “ ‘help the trier of fact to understand the evidence or to determine a fact in issue.’ ” Id. at 3 (quoting Fed. R. Evid 704(a); Fed.R.Evid. 702(a)). They insist that “Ms. Burke’s definition of ‘human trafficking’ tracks the elements of [18 U.S.C. § 1589(a) ].” Id. at 5. Noting that “ ‘[a]n opinion is not objectionable just because it embraces an ultimate issue,’ ” Plaintiff counters that Ms. Burke’s expert testimony uses a term, human trafficking, that “has the same meaning in the law as in the vernacular,” and therefore is helpful to the jury. Pl.’s Opp’n to Mot. in Limine 8 (quoting Fed.R.Evid. 704(a)). On this basis, she contends that Ms. Burke’s testimony is not “an improper legal conclusion” and is admissible because her “expert testimony on the phenomena [of human trafficking] will only assist the jury to understand it.” Id. at 7-8. As a starting point, “[testimony that ‘states a legal standard or draws a legal eonclusion[ ]’ ... is inadmissible.” In re Titanium, Dioxide Antitrust Litig., No. RDB-10-318, 2013 WL 1855980, at *3 (D.Md. May 1, 2013) (quoting United States v. McIver, 470 F.3d 550, 561-62 (4th Cir.2006)). Put another way, “ ‘opinions which would merely tell the jury what result to reach’ are inadmissible.” Id. at *4 (quoting Fed.R.Evid. 704 advisory committee’s note); see Offill, 666 F.3d at 175 (such testimony “does not help the jury ... because it ‘supplies the jury with no information other than the witness’s view of how the verdict should read’ ” (quoting Weinstein’s Federal Evidence § 704.04[2][a] (2d ed.2003))); United States v. Chapman, 209 Fed.Appx. 253, 269 (4th Cir.2006) (“ ‘Generally, the use of expert testimony is not permitted if it will usurp either the role of the trial judge in instructing the jury as to the applicable law or the role of the jury in applying that law to the facts before it. When an expert undertakes to tell the jury what result to reach, this does not aid the jury in making a decision, but rather attempts to substitute the expert’s judgment for the jury’s.’ ” (quoting United States v. Duncan, 42 F.3d 97, 101 (2d Cir.1994) (citations and internal quotation marks omitted))). Nonetheless, “[a]n opinion is not objectionable just because it embraces an ultimate issue.” Fed.R.Evid. 704(a). Thus, an expert witness’s opinion testimony may concern “ ‘questions of fact that are committed to resolution by the jury.’ ” In re Titanium Dioxide Antitrust Litig., No. RDB-10-318, 2013 WL 1855980, at *3 (D.Md. May 1, 2013) (quoting United States v. McIver, 470 F.3d 550, 561 (4th Cir.2006)). As a result, “[t]he line between a permissible opinion on an ultimate issue and an impermissible legal conclusion is not always easy to discern.” McIver, 470 F.3d at 562. The Fourth Circuit explained: We identify improper legal conclusions by determining whether “the terms used by the witness have a separate, distinct and specialized meaning in the law different from that present in the vernacular.” For example, courts have held inadmissible testimony that a defendant’s actions constituted “extortion,” that a dog bite constituted “deadly force,” that defendants held a “fiduciary” relationship to plaintiffs, and that a product was “unreasonably dangerous.” Id. (citations omitted); see In re Titanium Dioxide Antitrust Litig., 2013 WL 1855980, at *3 (quoting McIver). Testimony that “involves the use of terms with considerable legal baggage ... nearly always invades the province of the jury.” United States v. Perkins, 470 F.3d 150, 158 (4th Cir.2006). When a witness provides legal conclusions in response to counsel’s questioning, the court also considers whether the question itself “calls for an improper legal conclusion,” by “consider[ing] first whether the question tracks the language of the legal principle at issue or of the applicable statute, and second, whether any terms employed have specialized legal meaning.” United States v. Barile, 286 F.3d 749, 760 (4th Cir.2002). Central to the inquiry of whether an expert witness’s opinion testimony on the ultimate issue is admissible is whether it will be helpful to the jury. Perkins, 470 F.3d at 157 (“The touchstone of admissibility of testimony that goes to the ultimate issue ... is helpfulness to the jury.”); see United States v. Offill, 666 F.3d 168, 175 (4th Cir.2011) (“The touchstone of the rule is whether the testimony will assist the jury.”); Fed.R.Evid. 702(a). Here, nothing in the submissions filed by Plaintiff or the Defendants, nor my own research, suggests that “human trafficking” has a meaning other than its colloquial meaning, and therefore Ms. Burke’s testimony is not necessarily an “improper legal conclusion.” See McIver, 470 F.3d at 562. Yet, Defendants also argue that Ms. Burke’s opinion is not admissible under Rule 702, even if it is otherwise admissible under Rule 704 as an opinion on the ultimate issue, because it is “an improper determination of credibility.” Defs.’ Mot. in Limine 6. Defendants contend that Ms. Burke testified that “she is able to make credibility assessments” and “she was able to determine that Plaintiffs allegations are truthful.” Id. Plaintiff counters that “Ms. Burke’s opinion is not an impermissible comment on credibility because it does more than simply attack or bolster credibility.” Pl.’s Opp’n to Mot. in Limine 9. In Plaintiffs view, Mr. Burke’s “testimony is offered to assist the jury in understanding how Ms. Elat’s case is consistent with the patterns of trafficking she has studied and observed over the last fifteen years.” Id. United States v. Allen, 716 F.3d 98 (4th Cir.2013), although factually inapposite, is informative nonetheless. There, the defendant “moved to. call a criminal defense expert to help explain the potential significance of all of the indicted codefendants reaching plea agreements with the government,” and the district court- denied his motion in limine. Id. at 101. Reasoning that the defendant “wanted to introduce expert testimony solely for the purpose of undermining the credibility of the codefen-dant witnesses,” the Fourth Circuit affirmed. Id. at 105-06. The appellate court stated: “This is not the function of an.expert,” as “‘expert opinions that constitute evaluations of witness credibility, even when such evaluations are rooted in scientific or technical expertise, are inadmissible under Rule 702.’” Id. (quoting Nimely v. City of New York, 414 F.3d 381, 398 (2d Cir.2005)). Additionally, the Fourth Circuit said that the subject matter of the proffered testimony was “not an issue of fact that would be better explained by an expert.” Id. Here, Ms. Burke testified that she is “a good interviewer” who “know[s] by and large when a story holds together, and when it does not,” and that she “use[s] every bit of knowledge and experience [she has] in trying to get at the essence of what someone is telling [her] and the truthfulness of it or not.” Burke Dep. 100:3-10. She said that she was “able to determine if [Plaintiff was] telling [her] the truth about what she says happened to her” based on her “knowledge of the issue, the way [she] ask[s] questions, [and] the way [she] elicits] information.” Id. at 337:8-16. Ms. Burke admitted that she “believed what Ms. Elat told [her] about th[e] events, and [she] did not believe what ... Caroline had said about those events.” Id. at 300:12-21. Simply put, Ms. Burke’s explanation of her methodology and the opinions she bases on it demonstrate that her evaluation of the truthfulness of Plaintiffs version of the underlying events as compared to the Defendants’ is little different from the way that juries themselves determine credibility from conflicting testimony. Plaintiff has not shown that Ms. Burke’s proffered opinion testimony will be helpful to the jury. See Fed.R.Evid. 702(a); Allen, 716 F.3d at 105-06. Therefore, insofar as Ms. Burke’s testimony is one assessing credibility of the parties, it is inadmissible, and will not be considered on summary judgment. See Fed.R.Evid. 702(a); Fed.R.Civ.P. 56(c)(2). This means that the opinions Ms. Burke reached based on her determination that Plaintiff told her the truth and Caroline Ngoubene was untruthful in her deposition are inadmissible and may not be considered by a jury. Such inadmissible opinions include Ms. Burke’s opinion that “Ms. Elat was a victim of human trafficking” who “was brought to the United States under false pretenses and compelled to perform domestic services against her will” while “[cjoercion and threats were used to maintain control over [her],” Burke Report 1; that “the defendants collaborated with their parents to prevent Ms. Elat from forming outside relationships,” id. at 4; that “the climate of fear established by the Ngoubene family was effective in keeping Ms. Elat in their household,” and that “the Ngoubene family engaged in ... manipulation” typical of traffickers “to keep the worker from escaping or asking to leave,” id. at 5. It also includes Ms. Burke’s proposed testimony about the effects that Plaintiffs living and working conditions had on her and “how the allegations of Ms. Elat fit within similar profiles of worker exploitation and human trafficking cases.” Id. at 4-5. However, other proffered testimony from Ms. Burke could help a jury determine whether the facts of this case are consistent with human trafficking. See Fed.R.Evid. 702(a). Ms. Burke stated that she will testify generally about “the effect of this type of social isolation on a young woman”; “the patterns of coercion and threats that are typically present in situations involving the exploitation of foreign workers”; “the effects that lack of familiarity with United States laws, customs, and norms, little or no access to information or support outside the employer’s family, and physical isolation have on the behavior of migrant workers”; and “how it is common for traffickers to exert control and foster dependency in a variety of ways that are both subtle and overt.” Id. at 4-5. This expert testimony would be helpful to a jury and therefore is admissible and will be considered on summary judgment and admitted at trial. See Fed.R.Evid. 702(a); Fed.R.Civ.P. 56(c)(2); Perkins, 470 F.3d at 157; Offill, 666 F.3d at 175. S. Opinion about Plaintiff suffering emotional distress Defendants challenge Ms. Burke’s qualifications to express an opinion regarding emotional injuries that Plaintiff claims, noting that she “is not a licensed psychologist or therapist,” although she “at one time [was] a licensed therapist in the state of California,” and she does not claim that she conducted an “ ‘examination’ ” or “performed any diagnosis of the Plaintiff.” Defs.’ Mot. 11 & n. 2. They challenge the admissibility of her testimony and seek to preclude Ms. Burke from offering her opinion “regarding mental and emotional harm that [Plaintiff] allegedly suffered as a result of being the victim of human trafficking” because it “is not based on any scientific, technical, or specialized knowledge and it would not be helpful to the jury.” Id. at 1, 10-11. Defendants further argue that “Ms. Burke’s testimony as to how she arrived at her opinion — by listening to Plaintiff talk and observing her demeanor — is precisely the role of the jury at trial.” Id. at 12. In Plaintiffs view, Ms. Burke has “specialized knowledge” stemming from “[h]er education and experience in clinical psychology,” because she “is a trained psychologist with multiple degrees, thirty years of experience with trauma victims in general, including in clinical settings, and fifteen years dealing with human trafficking victims in particular.” Pl.’s Opp’n to Mot. in Limine 11. Plaintiff insists that Ms. Burke’s interview of Plaintiff was sufficient for her to form an opinion because she reviewed the record and conducted the interview “in a particular manner to elicit certain information,” and did so “against the backdrop of thirty years of psychological education and experience.” Id. Plaintiff argues that Ms. Burke is qualified to testify as an expert because she “has been certified as an expert in human trafficking and its psychological toll” and “has testified as an expert at trial and authored expert reports for a half-dozen human trafficking cases.” Id. at 5. Plaintiff cites two cases in which Ms. Burke has testified as an expert: Doe v. Howard, No. 1:11-cv-1105, 2012 WL 3834867, at *4 n. 3 (E.D.Va. Sept. 4, 2012); and Chellen v. John Pickle Co., 446 F.Supp.2d 1247 (N.D.Okla.2006), amending and superseding 434 F.Supp.2d 1069 (N.D.Okla.2006). In Howard, a trafficking case, Ms. Burke testified that the plaintiffs severe emotional trauma was typical for someone subject to the abuse that the plaintiff experienced. 2012 WL 3834867, at *3. In Chellen, which was not a trafficking case, Ms. Burke testified about the derogatory names the plaintiffs were called and she equated the plaintiffs to trauma victims. 446 F.Supp.2d at 1266, 1268-69. To the extent that these two courts — the only courts that Plaintiff has identified in which Ms. Burke’s testimony has been admitted as expert testimony' — found Ms. Burke’s expert testimony to be admissible with regard to the plaintiffs’ alleged emotional distress, I note that neither case is controlling authority, and I respectfully disagree. Although Ms. Burke has a master’s degree in psychology and has completed some coursework toward a Ph.D., she is not a licensed psychologist or licensed therapist. Burke Dep. 11:22-12:11, 18:18-19:12, Pl.’s Opp’n to Mot. in Limine Ex. A, ECF No. 156-1. Indeed, she is not a psychologist. See What is psychology, www.apa.org (“Psychologists have doctoral degrees.”); Definition of “Psychology," www.apa.org (“Psychology is a doctoral-level profession.”); Careers in Psychology: The job outlook, www.apa.org (“By APA policy and licensing laws, the term psychologist is reserved for individuals with doctoral education and training.”); see, e.g., Md.Code Ann., Health Occ. § 18-402(b) (Unless the Maryland Health Occupations Article so permits, “a person may not use as a title or describe the services the person provides by use of the words ‘psychological’, ‘psychologist’, or ‘psychology’”)- As Ms. Burke stated, she interviewed Plaintiff but did not examine her, Burke Dep. 117:3-118:12, such that she was not giving a “diagnosis” of “emotional distress,” but rather “an opinion essentially as to [Plaintiffs] mental health,” id. at 209:21-210:13. According to Ms. Burke, “[a] diagnosis is something that is a formal process, and it’s based on guidelines put out by the Diagnostical [sic ] and Statistical Manual for psychologists,” and a person conducting a diagnosis “look[s] at symptoms that are presented to them in a structured interview that is done specifically for this reason.” Id. at 210:117-211:4. Ms. Burke said that, in contrast, she reached her conclusions “[a]s someone who has worked many years clinically,” by “noticing the demeanor of someone when [she is] talking to them” and “noticing how they respond to certain questions” and “looking at their ... affect as they are reporting certain situations.” Id. at 211:9-15. This is a distinction without a difference. Of course, Ms. Burke could not have conducted a psychological examination of Plaintiff without a license to practice psychology. See Careers in Psychology: Getting ready to work in psychology, www. apa.org (“You must be licensed as a psychologist for the independent practice of psychology anywhere in the United States or Canada. Before granting you permission to take the licensing exam, the state licensing board will review your educational background. A doctoral degree does not automatically make you eligible to sit for the licensing exam; requirements vary from state to state. States require, at a minimum, that the doctorate be in psychology or a field of study ‘primarily psychological in nature’ and that it be from a regionally accredited institution.”); see, e.g., Md.Code Ann., Health Occ. § 18-401(a) (With exceptions not relevant here, “a person may not practice, attempt to practice, or offer to practice psychology in this State unless licensed by the Board.”); see also, e.g., Health Occ. § 18-302 (To have a license to practice psychology in Maryland, “[t]he applicant shall have a doctoral degree in psychology .... ”). Moreover, Plaintiff has not shown a basis for Ms. Burke’s understanding of emotional distress specifically, as opposed to human trafficking in general, other than Ms. Burke’s incomplete doctoral eoursework. Consequently, Ms. Burke’s opinion is based solely on her lay observations as an interviewer and not on specialized knowledge of emotional distress. Therefore, Ms. Burke’s opinion testimony on Plaintiffs alleged emotional distress is inadmissible and will not be considered on summary judgment or at trial. See United States v. Allen, 716 F.3d 98, 105 (4th Cir.2013) (“[I]n order for expert testimony to be admissible, ... the testimony must involve scientific, technical, or other specialized knowledge ....”); Fed.R.Evid. 702(a); Fed.R.Civ.P. 56(c)(2). B. T Visa Defendants challenge the admissibility of Plaintiffs T visa as evidence that she was a victim of human trafficking, noting that “no one from the U.S. Immigration Service has been named as an expert.” Defs.’ Summ. J. Reply 4. Defendants assert that Plaintiff received the T visa “as a result of a non-adversarial proceeding in reliance on an affidavit submitted by plaintiff in which she made statements that she specifically disavowed in this proceeding,” such as that the Ngoubenes physically abused her and Mr. Ngoubene “threatened to kill her husband.” Id. at 5. Indeed, in her T visa application, Plaintiff stated that she experienced “physical and emotional abuse” including being “slapped by [her] aunt” and “beaten,” “brutally” restrained, and “pushed” by Mr. Ngoubene, and that Mr. Ngoubene “vowed to have [Plaintiffs husband] killed.” Application for Asylum 12-14, Defs.’ Unredacted Summ. J. Reply Ex. 2, ECF No. 145-2. Yet, in her deposition testimony, Plaintiff answered that none of the remaining Defendants nor “any members of their family who lived in that house ... ever assault[ed] [her],” with “assault” defined as “hit, kick, strike, or otherwise physically touch [her] in an offensive or harmful way.” Elat Dep. 20:11-20. Plaintiff did not seek leave of court to dispute these contentions by Defendants in their Reply memorandum. See Loc. R. 105.2.a. Expert testimony “must rest on a reliable foundation.” Daubert v. Merrell Dow Pharma., 509 U.S. 579, 597, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); see Kumho Tire Co. v. Carmichael, 526 U.S. 137, 141, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) (extending Daubert to non-scientist expert testimony). Plaintiff offers the one-page T visa as a standalone document. Preliminarily, the T visa is not admissible unless authentic. Fed.R.Evid. 901(a). It is not sealed and signed, signed and certified, or certified, so it is not self-authenticating. See Fed.R.Evid. 902(1), (2) & (3). Nor has Plaintiff offered extrinsic evidence of its authenticity. While, at this stage, all Plaintiff must do is show that the document could be authenticated at trial, see Fed.R.Civ.P. 56(c)(2); Ridgell v. Astrue, DKC-10-3280, 2012 WL 707008, at *9 (D.Md. Mar. 2, 2012) (citing Foreword Magazine, Inc. v. OverDrive, Inc., No. 1:10-cv-1144, 2011 WL 5169384, at *2 (W.D.Mich. Oct. 31, 2011)) (footnotes omitted), she has not made this showing. Moreover, were I to assume its authenticity, Plaintiff has not established that the T visa would be admissible under Rule 803(8)(A)(i)-(iii) to prove its substantive contents which, even if assumed to be admissible, do not state any matters observed while under a legal duty to report, Fed.R.Evid. 803(8)(A)(ii), or factual findings from a legally-authorized investigation, Fed.R.Evid. 803(8)(A)(iii). The T visa simply states that Plaintiffs application for T-l Nonimmigrant classification has been granted for a period of four years. It expresses no conclusions or findings that Plaintiff has been a victim of trafficking, as Plaintiff contends, although the application for a T-l classification does assert Plaintiffs claim to be a trafficking victim. To receive a T visa, an individual submits to U.S. Customs and Immigration Services (“the Service”) an application accompanied by, inter alia, “[ejvidence demonstrating that the applicant is a victim of a severe form of trafficking in persons.” 8 C.F.R. § 214.11(d)(1). Such evidence must “fully establish! ] eligibility for each element of the T nonimmigrant status to the satisfaction of the Attorney General.” Id. § 214.11(f). Notably, “[t]he determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Service.” Id. § 214.11(f)(3). The Service “issue[s] a written decision granting or denying the application” based on its “de novo review of all evidence submitted.” Id. § 214.11(0(1), (3). Thus, the Service relies solely on the information reported by the purported victim, without the benefit of an adversarial proceeding or input from the alleged traffickers. See id. Although in individual cases this process may be a reliable method for determining whether to grant a T-l visa, Defendants contend that reaching a decision without giving the alleged offenders the opportunity to present any evidence or challenge the alleged victim’s evidence is not a “reliable method” for purposes of this proceeding, as can be seen in the discrepancies between Plaintiffs T visa application and her deposition testimony. Thus, even if assumed to be authentic and to meet the requirements of substantive admissibility under Rule 803(8)(A), Plaintiff failed to demonstrate, given her deposition testimony that sharply contradicted her affidavit supporting her T-l application, that the T visa is a public record based on information or circumstances demonstrating trustworthiness. Fed.R.Evid. 803(8)(B). And, if untrustworthy under Fed.R.Evid. 803(8)(B), the T visa is not appropriate for reliance by Ms. Burke in support of her expert opinion. See Fed.R.Evid. 703. As noted, ‘“expert opinions that constitute evaluations of witness credibility, even when such evaluations are rooted in scientific or technical expertise, are inadmissible under Rule 702.’ ” United States v. Allen, 716 F.3d 98, 105-06 (4th Cir.2013) (quoting Nimely v. City of New York, 414 F.3d 381, 398 (2d Cir.2005)). Therefore, the T visa will not be considered on summary judgment. See Fed.R.Civ.P. 56(c)(2). Whether it may be admitted at trial remains to be seen. C. Dr. Toellner’s Letter In her April 28, 2009 letter to Cecile H. Nantchouang, Esquire, regarding “the treatment that [Dr. Toellner] and the Women’s Center ha[d] been providing to Mrs. Elat,” Dr. Toellner stated that Plaintiff “came to the United States to work for a family affiliated with the Cameroonian government,” and she experienced “physical[ ] and verbal! ] abuse by her employer.” K. Toellner Ltr. 1. Defendants note that Plaintiff has not named Dr. Toellner as an expert, and on that ground, challenge the admissibility of her letter as evidence that Plaintiff was a victim of human trafficking. Defs.’ Summ. J. Reply 4. Additionally, Defendants point to Dr. Toellner’s deposition testimony that she assumed that Plaintiff “was a victim of human trafficking because Break the Chain had referred her over and said so” and because Plaintiff had used the terms slavery and human trafficking. Defs.’ Summ. J. Reply 5. Notably, Dr. Toellner did not express an opinion that Plaintiff was a victim of human trafficking, that Defendants obtained Plaintiffs labor through threats of serious harm or abuse of the legal process or otherwise forced Plaintiff to work for them, or that Defendants prevented Plaintiff from timely filing suit. K. Toellner Ltr. Therefore, Dr. Toellner’s letter is inadmissible as evidence that Plaintiff was a victim of human trafficking and will not be considered in connection with resolving Defendants’ Motion for Summary Judgment. III. MOTION TO AMEND Plaintiff states that she “is no longer pursuing her claims of false imprisonment (Count II) and quantum meruit (Count III).” Pl.’s Opp’n to Summ. J. 1 n. 2. Also, she “is no longer pursuing the Action of Replevin” (Count V) “to recover her Cameroonian ID card” because Frangois Ngoubene’s attorney returned the ID card to Plaintiff. Defendants assert that Plaintiff “essentially conceded” her claims for false imprisonment and quantum meruit “by agreeing not to pursue those claims any further,” and she “dismissed her claim for replevin.” Defs.’ Mem. 2 n. 2. Nonetheless, Defendants “request that this Court grant their motion for summary judgment in its entirety,” even as to Counts II, II and V that Plaintiff has abandoned. Id. at 20. The proper mechanism for a plaintiff to withdraw some, but not all, claims is to file a motion to amend pursuant to Fed.R.Civ.P. 15. See Skinner v. First Am. Bank of Va., 64 F.3d 659 (Table), 1995 WL 507264, at *2 (4th Cir.1995) (“Because Rule 41 provides for the dismissal of actions, rather than claims, Rule 15 is technically the proper vehicle to accomplish a partial dismissal.”); Young v. United Parcel Serv., No. DKC-08-2586, 2011 WL 665321, at *7 (D.Md. Feb. 14, 2011) (stating that “a plaintiff wishing to dismiss one count of a multi-count suit should ordinarily look to Rule 15, which governs amendments to pleadings”; noting that “Rule 41(a), which addresses voluntary dismissals, applies only when a party seeks to dismiss an entire action, not merely one claim or count”). Therefore, I will construe Plaintiffs concession that she is abandoning Counts II, III, and V in her Opposition to Summary Judgment to incorporate a motion to amend. See Fed.R.Civ.P. 1; see also Monge v. Portofino Ristorante, 751 F.Supp.2d 789, 792 n. 1 (D.Md.2010) (explaining that Rule 1 instructs the Court “not [to] exalt form over substance”); Hall v. Sullivan, 229 F.R.D. 501, 504 (D.Md.2005) (same). Whether to grant a motion for leave to amend is within this Court’s discretion. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). Rule 15(a)(2) typically provides the standard for whether to grant a motion for leave to amend that a plaintiff files more than twenty-one days after defendants file a responsive pleading or motion to dismiss. See id.; Fed.R.Civ.P. 15(a)(2). However, when the plaintiff moves to amend after the deadline established in the scheduling order for doing so, as Plaintiff does here, Rule 16(b)(4) becomes the starting point in the Court’s analysis. CBX Techs., Inc. v. GCC Techs., LLC, No. JKB-10-2112, 2012 WL 3038639, at *3 (D.Md. July 24, 2012). Thus, “once the scheduling order’s deadline for amendment of the pleadings has passed, a moving party first must satisfy the good cause standard of Rule 16(b); if the moving party satisfies Rule 16(b), the movant then must pass the tests for amendment under [Rule] 15(a).’ ” Id. (quoting Odyssey Travel Ctr., Inc. v. RO Cruises, Inc., 262 F.Supp.2d 618, 631 (D.Md.2003)); see Nourison Rug Corp. v. Parvizian, 535 F.3d 295, 298 (4th Cir.2008). “ ‘ “[G]ood cause” means that scheduling deadlines cannot be met despite a party’s diligent efforts.’ ” CBX Techs., Inc., 2012 WL 3038639, at *4 (quoting Potomac Elec. Power Co. v. Elec. Motor Supply, Inc., 190 F.R.D. 372, 375 (D.Md. 1999) (citation omitted)). The Court focuses “less ... on the substance of the proposed amendment and more ... [on] the timeliness of the motion to amend ‘and the reasons for its tardy submission.’ ” Id. (quoting Rassoull v. Maximus, Inc., 209 F.R.D. 372, 373-74 (D.Md.2002)). Specifically, the Court considers whether the moving party acted in good faith, the length of the delay and its effects, and whether the delay will prejudice the non-moving party. Tawwaab v. Va. Linen Serv., Inc., 729 F.Supp.2d 757, 768-69 (D.Md.2010). If the Court concludes that the plaintiff had good cause for moving to amend after the deadline has passed, then, pursuant to Rule 15(a)(2), “[t]he court should freely give leave [to amend] when justice so requires.” The Court only should deny leave to amend if amendment “would prejudice the opposing party, reward bad faith on the part of the moving party, or ... amount to futility,” MTB Servs., Inc. v. Tuckman-Barbee Constr. Co., No. RDB-12-2109, 2013 WL 1819944, at *3 (D.Md. Apr. 30, 2013); see Laber v. Harvey, 438 F.3d 404, 426 (4th Cir.2006). When considering a motion for leave to amend, “the court may take into account the stage of the proceedings,” such as whether the parties have completed discovery. Skinner, 1995 WL 507264, at *2. There is no question whether Plaintiff is acting in good faith: She seeks to withdraw two claims on the basis of what she learned in discovery and one claim because she has received what she sought in that claim (her Cameroonian ID card). Pl.’s Opp’n to Summ. J. 1 n. 2. But, the prejudice to Defendants is not insignificant. Discovery is complete, and Defendants have filed the pending summary judgment motion, as well as a reply and a motion in limine that is pertinent to the evidence considered on summary judgment. Thus, Defendants “already incurred significant time and expense in discovery and in preparation for a summary judgment motion.” Skinner, 1995 WL 507264, at *2. “The expenses of discovery and preparation of a motion for summary judgment may constitute prejudice sufficient to support denial of a voluntary dismissal.” Id. Indeed, “ ‘denial of voluntary dismissal is appropriate where summary judgment is imminent.’ ” Id. (noting that “similar standards govern the exercise of discretion under [Rules 15(a) and 41(a) ]”) (citation omitted). Therefore, Plaintiffs motion to amend is DENIED. I will consider Defendants’ summary judgment motion as to all counts of Plaintiffs Second Amended Complaint. IV. SUMMARY JUDGMENT STANDARD Summary judgment is proper when the moving party demonstrates, through “particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations ..., admissions, interrogatory answers, or other materials,” that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a), (c)(1)(A); see Baldwin v. City of Greensboro, 714 F.3d 828, 833 (4th Cir.2013). If the party seeking summary judgment demonstrates that there is no evidence to support the nonmoving party’s case, the burden shifts to the nonmoving party to identify evidence that shows that a genuine dispute exists as to material facts. See Celotex v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The existence of only a “scintilla of evidence” is not enough to defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Instead, the evidentiary materials submitted must show facts from which the finder of fact reasonably could find for the party opposing summary judgment. Id. With regard to the counts that Plaintiff concedes, “those facts established by the motion” are “uncontroverted.” See Custer v. Pan Am. Life Ins. Co., 12 F.3d 410, 416 (4th Cir.1993). Nonetheless, Defendants still must demonstrate that, based on those facts, they are entitled to judgment as a matter of law, because “[t]he failure to respond to the motion does not automatically accomplish this.” Id. V. DISCUSSION A. Count I, Forced Labor in Violation of 18 U.S.C. §§ 1589 & 1595 1. Applicable statute Plaintiff claims that Defendants violated the William Wilberforce Trafficking Victims Protection Reauthorization Act, 18 U.S.C. §§ 1581-1597 (“TVPRA”), an amendment to the Victims of Trafficking and Violence Protection Act, 18 U.S.C. § 1581-1594 (2000) (“TVPA”). The TVPA was enacted on October 28, 2000 “to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims.” Pub.L. 106-386, Div. A, §§ 102(a) & 112(a)(2). As enacted, 18 U.S.C. § 1589 made it a crime to knowingly provide] ] or obtain] ] the labor or services of a person- (1) by threats of serious harm to, or physical restraint against, that person or another person; (2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of the abuse or threatened abuse of law or the legal process .... 18 U.S.C. § 1589 (2003). The TVPRA amended the TVPA and introduced a statutory civil cause of action under 18 U.S.C. § 1595 in 2003. Pub.L. 108-193, § 4(a)(4), 117 Stat. at 2877. As enacted, 18 U.S.C. § 1595 provided that “]a]n individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator ... and may recover damages and reasonable attorneys fees.” Congress amended the TVPRA, effective December 23, 2008. Pub.L. 110-457, Title II, § 222(b)(3), 122 Stat. 5068. Defendants cite the 2008 version of the TVPRA. However, Plaintiff lived with Defendants from April 2006 until May 2008, PL’s Opp’n to Summ. J. 3, 5, and the 2008 amendments did not go into effect until December 23, 2008. Plaintiff concedes that “the current version of § 1589 .... was added in late 2008, after Ms. Elat escaped from Defendants’ home,” but she argues that, “[bjecause Defendants analyze and defend that version without objection, they have waived any argument they may have had against its retroactive application to their conduct.” Pl.’s Opp’n to Summ. J. 17 n. 9. As Plaintiff sees it, even if I apply the version of the TVPRA in effect at the time of the alleged events, “Ms. Elat’s claims under former § 1589(1)-(3) (similar to current § 1589(a)(2)-(4)) are supported by the evidence and should survive summary judgment.” Id. Federal courts “employ a robust presumption against statutory retro-activity,” under which they “assume that statutes operate prospectively only, to govern future conduct and claims, and do not operate retroactively, to reach conduct and claims arising before the statute’s enactment.” Ward v. Dixie Nat. Life Ins. Co., 595 F.3d 164, 172 (4th Cir.2010) (citing Landgraf v. USI Film Prods., 511 U.S. 244, 265, 269-70, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994)). This presumption “ ‘is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic.’ ” Id. (quoting Landgraf, 511 U.S. at 265, 114 S.Ct. 1483). When determining whether the presumption against retroactivity bars the application of a statute in a given case, courts perform a three-step analysis. First, a court must “determine whether [the legislature] has expressly prescribed the statute’s proper reach.” If so, “there is no need to resort to judicial default rules,” and hence, the presumption against retroactivity does not apply. If, however, the legislature has not prescribed the statute’s reach, a court must move to step two and “determine whether the new statute would have a retroactive effect” if applied to the case at hand. If not, the presumption against retroactivity again has no application, but if it does, the presumption is triggered, and the court must then inquire under the third step whether the presumption is overcome with “clear congressional intent” in favor of retroactivity. Id. (quoting Landgraf, 511 U.S. at 280, 114 S.Ct. 1483). Here, Congress has not “ ‘expressly prescribed the statute’s proper reach,’ ” and there is no “ ‘clear congressional intent’ in favor of retroactivity.” See Ward, 595 F.3d at 172 (quoting Landgraf, 511 U.S. at 280, 114 S.Ct. 1483); Velez v. Sanchez, 693 F.3d 308, 325 (2d Cir.2012) (“Not