Estate of Johnson Clark et al v. Horwich et al

Filing 135

ORDER by Judge Charles R. Breyer granting 118 Motion to Dismiss; granting 119 Motion to Dismiss; granting 122 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 8/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-00137 CRB

ESTATE OF JOHNSON CLARK ET AL.,

ORDER DISMISSING CASE

Plaintiffs,
v.
HORWICH ET AL.,
Defendants.

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For the reasons stated at the motion hearing on Friday, August 10, 2012, Plaintiff

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Peter Clark has failed to state a claim under the RICO Act. As Plaintiff already had an

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opportunity to amend that claim, and was informed that he would have no further

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opportunities to amend, the Court finds that further amendment would be futile, and

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dismisses the RICO claim with prejudice. As the Plaintiff’s RICO claim was the only basis

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for the Court’s jurisdiction, Plaintiff’s case is DISMISSED, without prejudice to his raising

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his state law claims in state court.

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IT IS SO ORDERED.

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Dated: August 17, 2012

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G:\CRBALL\2012\137\order dismissing.wpd

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE