Yvette Pinson v. Americas Wholesale Lender et al

Filing 7

ORDER TO SHOW CAUSE RE: RICO CLAIMS by Judge Dean D. Pregerson:The Court hereby orders Plaintiff to file a RICO Case Statement on or before Friday, June 29, 2012. Failure to respond to this Order will result in the dismissal withprejudice of all RICO claims for relief.(see document for specifics). (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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YVETTE PINSON, individuals,
on behalf of themselves and
all others similarly
situated,

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Plaintiff,
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v.
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AMERICA’S WHOLESALE LENDER,
as the Original Lender; CTC
REAL ESTATE SERVICE, as the
Original Trustee; et al.
Defendants.
___________________________

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Case No. CV 12-02028 DDP (MANx)
ORDER TO SHOW CAUSE RE: RICO
CLAIMS

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In this action, Plaintiff’s only federal claims are for

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violations of the Racketeer Influenced and Corrupt Organizations

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provisions of the Organized Crime Control Act of 1970, 18 U.S.C. §

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1961, et seq. (“RICO”).

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a “RICO Case Statement” on or before Friday, June 29, 2012.

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Failure to respond to this Order will result in the dismissal with

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prejudice of all RICO claims for relief.

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The Court hereby orders Plaintiff to file

The RICO Case Statement shall include the facts that Plaintiff
relies on to support her RICO claims for relief.

It shall use the

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numbers and letters set forth below, and for each claim for relief

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state in detail and with specificity the following information:

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1.

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State whether the alleged unlawful conduct is

in violation of 18 U.S.C. §§ 1962(a), (b), (c), and/or (d).
2.

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RICO Provision.

Defendants.

List each RICO defendant and state the alleged

misconduct and basis of liability of each defendant.
3.

Other RICO Violators.

List all alleged RICO violators, other

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than the defendants listed above, and state the alleged

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misconduct of each wrongdoer.

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4.

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Victims.

List the alleged victims and state how each victim

was allegedly injured.
5.

Pattern of Racketeering Activity.

Describe in detail the

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pattern of racketeering activity or collection of unlawful

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debts alleged for each RICO claim.

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pattern of racketeering shall include the following

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information:

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a.

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A description of the

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

b.

Provide the dates of the predicate acts, the participants

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in the predicate acts, and a description of the facts

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surrounding the predicate acts;

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c.

If the RICO claim is based on the predicate offenses of

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mail fraud, wire fraud or fraud in the sale of

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securities, the “circumstances constituting fraud or

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mistake shall be stated with particularity.”

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Civ. P. 9(b) (Identify the time, place and contents of

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the alleged failures to disclose and/or

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misrepresentations, and the identity of persons to whom
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Fed. R.

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and by whom the alleged misrepresentations and/or

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failures to disclose were made);

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d.

State whether there has been a criminal conviction for

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violation of the predicate acts and if so, provide

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particulars;

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e.

State whether civil litigation has resulted in a judgment

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with respect to the predicate acts and if so, provide

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particulars; and

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f.

Describe how the predicate acts are both “related” and

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“continuous” within the meaning of H.J. Inc. v.

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Northwestern Bell Telephone Co., 492 U.S. 229, 239

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(1989), and its progeny, including Allwaste, Inc. v.

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Hecht, 65 F.3d 1523, 1527 (9th Cir. 1995).

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6.

Enterprise.

Describe in detail the alleged enterprise and

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specify what structure it had.

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enterprise shall include the following information:

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a.

A description of the

The names of the individuals, partnerships, corporations,

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associations or other legal entities that allegedly

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constitute the enterprise;

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b.

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Whether any named defendants are or were employees,
officers or directors of the alleged enterprise;

c.

Whether you are alleging that the defendants are or were

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separate from the alleged enterprise, collectively

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constitute the enterprise itself, or are or were members

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of the enterprise; and

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d.

Whether (and if so how) the enterprise was affected by or
benefitted from the pattern of racketeering activity.

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Interstate or Foreign Commerce.

Describe the effect of the

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activities of the enterprise on interstate or foreign

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commerce.

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Section 1962(a).

If the complaint alleges a violation of 18

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U.S.C. § 1962(a), provide the following information:

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a.

State who received the income derived from the pattern of

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racketeering activity or through the collection of an

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unlawful debt; and

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b.
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Describe the use or investment of such income.

Section 1962(b).

If the complaint alleges a violation of 18

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U.S.C. § 1962(b), provide the following information:

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a.

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interest in or control of the alleged enterprise; and

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b.

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Describe in detail the acquisition or maintenance of any

State whether the same entity is both the liable “person”
and the “enterprise” under § 1962(b).

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Section 1962(c).

If the complaint alleges a violation of 18

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U.S.C. § 1962(c), provide the following information:

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a.

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enterprise; and

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b.

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State whether the same entity is both the liable “person”
and the “enterprise” under § 1962(c).

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Section 1962(d).

If the complaint alleges a violation of 18

U.S.C. § 1962(d), describe in detail the alleged conspiracy.

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State who is employed by or associated with the

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Injury to Business or Property.

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a.

Describe the alleged injury to business or property; and

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b.

Describe the direct causal relationship between the

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alleged injury and the violation of the RICO statute.

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13.

Damages.

List the damages sustained for which each defendant

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is allegedly liable.

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IT IS SO ORDERED.

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Dated: June 21, 2012
DEAN D. PREGERSON
United States District Judge

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