Huffman v. The Davey Tree Expert Company et al

Filing 193

ORDER denying without prejudice 141 Motion to Dismiss; denying 142 Motion to Dismiss; denying 144 Motion to Dismiss; denying 151 Motion to Dismiss, denying as moot 100 Motion to Dismiss, denying as moot 101 Motion to Dismiss, denying as moot 102 Motion to Dismiss, denying as moot 103 Motion to Dismiss and denying as moot 111 Motion for Summary Judgment. The Court directs Plaintiff to complete and file the RICO statement form within Fourteen (14) days of the date of this Order. Signed by District Judge R. Stan Baker on March 27, 2024. (Attachments: # 1 RICO Statement) (jrb) Modified on 3/27/2024 (jrb).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DIVISION

Plaintiffs,
vs.

Defendants.

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Civil Action No.

RICO STATEMENT
S.D. Ga. LR 9.1
This statement includes the facts the plaintiff is relying upon to initiate this RICO
complaint as a result of the "reasonable inquiry" required by Federal Rule of Civil Procedure 11.
In particular, this statement complies with the form set forth in this Court's October 2, 1989,
RICO Order as set forth below:
1.

State whether the alleged unlawful conduct is in violation of 18 U.S.C. § 1962(a),

(b), (c) and/or (d).

2.

List each defendant and state the alleged misconduct and basis of liability of each

defendant.
3.

List the alleged wrongdoers, other than the defendants listed above, and state the

alleged misconduct of each wrongdoer.
4.

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

5.

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 wire fraud, mail

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 content of the alleged
misrepresentations and the identity of persons to whom and by whom the alleged
misrepresentations were made;
(d)

State whether there has been a criminal conviction for violation of the

(e)

State whether civil litigation has resulted in a judgment in regard to the

predicate acts;

predicate acts;

(f)

Describe how the predicate acts form a "pattern of racketeering activity";

(g)

State whether the alleged predicate acts relate to each other as part of a

and

common plan. If so, describe in detail.
6.

Describe in detail the alleged enterprise for each RICO claim. A description of

the enterprise shall include the following information:
(a)

State the names of the individuals, partnerships, corporations, associations

or other legal entities which allegedly constitute the enterprise;
(b)

Describe the structure, purpose, function and course of conduct of the

(c)

State whether any defendant is an employee, officer or director of the

enterprise;

alleged enterprise;
(d)

State whether any defendant is associated with the alleged enterprise;

(e)

State whether you are alleging that the defendants are individuals or

entities separate from the alleged enterprise or that the defendants are the enterprise itself, or
members of the enterprise; and
(f)

If any defendant is alleged to be the enterprise itself, or members of the

enterprise, explain whether such defendants are perpetrators, passive instruments or victims of
the alleged racketeering activity.
7.

State and describe in detail whether you are alleging that the pattern of

racketeering activity and the enterprise are separate or have merged into one entity.

8.

Describe the alleged relationship between the activities of the enterprise and the

pattern of racketeering activity. Discuss how, if at all, the racketeering activity differs from the
usual and daily activities of the enterprise.
9.

Describe what benefits, if any, the alleged enterprise receives from the alleged

pattern of racketeering.
10.

Describe the effect of the activities of the enterprise on interstate or foreign

commerce.
11.

If the complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following

information:
(a)

State who received the income derived from the pattern of racketeering

activity or through the collection of an unlawful debt; and
(b)
12.

Describe the use or investment of such income.

If the complaint alleges a violation of 28 U.S.C. § 1962(b), describe in detail the

acquisition or maintenance of any interest in or control of the alleged enterprise.
13.

If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following

information:
(a)

State who is employed by or associated with the enterprise; and

(b)

State whether the same entity is both the liable "person" and the

"enterprise" under § 1962(c).
14.

If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the

alleged conspiracy.

15.

Describe the alleged injury to business or property.

16.

Describe the direct causal relationship between the alleged injury and the violation

of the RICO statute.
17.

List the damages sustained for which each defendant is allegedly liable.

18.

List all other federal causes of action, if any, and provide the relevant statute

numbers.
19

List all pendent state claims, if any.

20.

Provide any additional information that you feel would be helpful to the Court in

processing your RICO claim.

This

day of

2020.
, 20

Attorney for Plaintiff