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Plan B Leisure Inc. v. Hugh Wain Swapp et al.

October 1, 2012

PLAN B LEISURE INC.
v.
HUGH WAIN SWAPP ET AL.



CIVIL MINUTES - GENERAL

Present: The Honorable

Sheila English Not Reported N/A Deputy Clerk Court Reporter Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: IN CHAMBERS - ORDER RE: RICO CASE STATEMENT

ORDER TO SHOW CAUSE

Plaintiff's Complaint asserts claims under the Racketeer Influenced and Corrupt Organizations provisions of the Organized Crime Control Act of 1970, 18 U.S.C. § 1961--1968 ("RICO"). Accordingly, the Court hereby orders plaintiff to file a "RICO Case Statement" on or before October 22, 2012. The RICO Case Statement shall include the facts on which Plaintiff relies for its RICO claim for relief. The statement shall use the numbers and letters set forth below and shall state in detail and with specificity the following information:

1. RICO Provision. State whether the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a), (b), (c), or (d), or some combination thereof.

2. Defendants. List each RICO defendant and state the alleged misconduct and basis of liability for each defendant.

3. Other RICO Violators. List all alleged RICO violators, other than the defendants listed above, and state the alleged misconduct of each wrongdoer.

4. Victims. List the alleged victims and state how each victim was allegedly injured.

5. Pattern of Racketeering Activity. Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. A description of the pattern of racketeering shall include the following information:

a. List the alleged predicate acts and the specific statutes which were allegedly violated;

b. Provide the dates of the predicate acts, the participants in the predicate acts, and a description of the facts surrounding the predicate acts;

c. If the RICO claim is based on the predicate offenses of mail fraud, wire fraud, or fraud in the sale of securities, the "circumstances constituting fraud or mistake shall be stated with particularity." Fed. R. Civ. P. 9(b) (identify the time, place and contents of the alleged failures to disclose and/or misrepresentations, and the identity of persons ...


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