Boyd v. Koch Foods of Alabama, LLC et al

Filing 281

ORDER directing as follows: (1) The 148 , 150 , and 151 motions to dismiss and the 127 , 130 , 133 , 134 , and 155 motions for summary judgment are granted as to the plaintiffs' claims under RICO based on 8 U.S.C. § 1324(a)(1)(A)( iv); (2) The 148 , 150 , and 151 motions to dismiss are denied as to the plaintiffs' claims under RICO based on 8 U.S.C. § 1324(a)(1)(A)(iii) and § 1324(a)(1)(A)(v)(I)-(II); (3) The 148 , 150 , and 151 motions to dismiss are denied in all other respects as well; (4) The 127 , 130 , 133 , 134 , and 155 motions for summary judgment in all other respects are still pending. Signed by Honorable Judge Myron H. Thompson on 2/6/13. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

TINA BOYD and TARSHA HUNTER,

)
)
)
)
)
)
)
)
)
)

Plaintiffs,
v.
KOCH FOODS OF ALABAMA, LLC,
et al.,
Defendants.

CIVIL ACTION NO.
2:11cv748-MHT
(WO)

ORDER
The court being of the opinion that the plaintiffs’
claims

under

the

Racketeer

Organizations

Act

(“RICO”)

Influenced
based

on

and

Corrupt

violations

of

8 U.S.C. § 1324(a)(1)(A)(iv) are not supported by the
allegations

in

the

complaint

or

by

the

evidentiary

record, it is ORDERED as follows:
(1)

The motions to dismiss (Doc. Nos. 148, 150,

& 151) and the motions for summary judgment (Doc. Nos.
127,

130,

plaintiffs’

133,

134,

claims

§ 1324(a)(1)(A)(iv).

&

155)

under

are

RICO

granted
based

on

as
8

to

the

U.S.C.

(2) The motions to dismiss (Doc. Nos. 148, 150,
& 151) are denied as to the plaintiffs’ claims under RICO
based

on

8

U.S.C.

§

1324(a)(1)(A)(iii)

and

§ 1324(a)(1)(A)(v)(I)-(II).
(3) The motions to dismiss (Doc. Nos. 148, 150,
& 151) are denied in all other respects as well.
(4) The motions for summary judgment (Doc. Nos. 127,
130, 133, 134, & 155) in all other respects are still
pending.
DONE, this the 6th day of February, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE