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RICO Motion to Dismiss Memorandum (OCR)

RICO Motion to Dismiss Memorandum (OCR)

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Published by AaronWorthing
This is the meat of my reasoning as to why the court should dismiss the RICO suit in its entirety.

Go here for more details: http://allergic2bull.blogspot.com/
This is the meat of my reasoning as to why the court should dismiss the RICO suit in its entirety.

Go here for more details: http://allergic2bull.blogspot.com/

More info:

Categories:Types, Business/Law
Published by: AaronWorthing on Dec 18, 2013
Copyright:Attribution Non-commercial

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12/31/2013

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U
NITED
S
TATES
D
ISTRICT
C
OURT
 F
OR THE
D
ISTRICT OF
M
ARYLAND
 G
REENBELT
D
IVISION
 BRETT KIMBERLIN, Plaintiff v. Case No. PWG 13-3059 NATIONAL BLOGGERS CLUB, et al., Defendants MEMORANDUM
 
OF
 
POINTS
 
AND
 
AUTHORITIES
 
IN
 
SUPPORT
 
OF
 
DEFENDANT
 
WALKER’S
 
MOTION
 
TO
 
DISMISS
 
 ii
TABLE OF CONTENTS
 INTRODUCTION AND SUMMARY OF ARGUMENT 1 I. THE PLAINTIFF HAS NOT STATED A CLAIM THAT THE DEFENDANTS HAVE VIOLATED 18 U.S.C. §1962(C) 7 A. The Plaintiff Has Not Properly Alleged that the Defendants Engaged in Racketeering Activity 8 1. The Plaintiff Has Not Alleged a Violation of 18 U.S.C. §§1503, 1510 and 1511 9 2. The Plaintiff Has Not Alleged that Defendants Committed or Attempted to Commit Extortion in Violation of 18 U.S.C. §1951 11 3. The Plaintiff Has Not Alleged that Defendants Committed Wire or Mail Fraud Under 18 U.S.C. §§1341 and 1343 12 (A) The Plaintiff Has Not Alleged Any Fraud Related to NBC’s §501(c)(3) Status 13 (B) The Plaintiff Has Not Alleged Any Fraud Related to the SWATting of Defendants Walker, Frey and Erickson 16 (C) The Plaintiff Has Not Alleged Any Fraud Related to the Loss of Mr. Walker’s Job 20 (D) The Plaintiff Has Not Alleged Any Fraud Related to Mr. Walker’s Alleged Assault Against the Plaintiff 21 4. The Plaintiff Has Not Properly Alleged that Defendants Committed Money Laundering under 18 U.S.C. §1957 23 5. The Plaintiff Has Not Alleged that Defendants Committed Retaliation Against a Witness and Victim in Violation of 18 U.S.C. §1513 24 B. The Plaintiff has not Properly Alleged that the Claimed Pattern of Racketeering Activity Has Sufficient Continuity 26 C. The Plaintiff has not Properly Alleged that an Enterprise Exists 27
 
 iii D. The Plaintiff has Not Properly Alleged that the Asserted Racketeering Activity Has Proximately Caused Injury to Plaintiff’s Business or Property 30 II. THE PLAINTIFF HAS NOT STATED A CLAIM THAT THE DEFENDANTS HAVE CONSPIRED TO VIOLATE 18 U.S.C. §1962(C) IN VIOLATION OF §1962(D) 31 III. THE PLAINTIFF HAS NOT PROPERLY ALLEGED A VIOLATION OF 42 U.S.C. §1983 AGAINST DEFENDANT FREY 32 IV. THE PLAINTIFF HAS NOT ALLEGED A VIOLATION OF 42 U.S.C. §1985 34 A. The Plaintiff has Not Alleged a Violation of 42 U.S.C. §1985(3) 35 B. The Plaintiff has Not Alleged a Violation of 42 U.S.C. §1985(2) 35 V. THIS COURT SHOULD DISMISS ALL STATE-BASED CLAIMS 38 A. The Plaintiff’s State-Based Claims Should be Dismissed Because There is No Valid Federal Question 39 B. This Court Should Decline to Exercise Supplemental Jurisdiction in the Interests of Justice 39 C. The Plaintiff has Failed to State a Claim for Upon Which Relief Can Be Granted For Any of His State Law Claims 40 1. The Plaintiff Doesn’t Have Standing for Any Claim for Common-Law Fraud 40 2. The Plaintiff Doesn’t Properly State a Claim for Defamation or False Light Within the Statute of Limitations 41 3. The Plaintiff Doesn’t Properly State a Claim for Intentional Infliction of Emotional Distress 45 4. The Plaintiff Never Properly Alleges He Was Damaged in Any of His State Law Claims 48 CONCLUSION 48

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