Watchous Enterprises, L.L.C. v. Pacific National Capital et al

Filing 432

MEMORANDUM AND ORDER denying 430 Motion for Judgment. Signed by District Judge Daniel D. Crabtree on 6/28/2021.Mailed to pro se parties Mailed to pro se parties Waterfall Mountain USA LLC, Waterfall Mountain LLC, Waterfall International Holdings Limited, William J. Mournes and Kendra Duval by regular mail. by regular mail. (sz)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WATCHOUS ENTERPRISES, LLC,
Plaintiff,
v.

Case No. 16-1432-DDC

PACIFIC NATIONAL CAPITAL, et al.,
Defendants.
____________________________________
MEMORANDUM AND ORDER
Exercising its discretion, the court denies plaintiff’s Motion for Entry of Judgment
(Doc. 430).1 Facts established at the summary judgment stage of this litigation do not alter the
court’s simultaneous conclusion that plaintiff’s civil RICO and civil conspiracy claims present
triable issues. See Doc. 335 at 90 (“[O]ur Circuit recognizes that ‘[w]hether a pattern [of
racketeering activity] exists is a question of fact for the jury to determine.’” (quoting In re:
EpiPen (Epinephrine Injection, USP) Mktg., Sales Pracs. & Antitrust Litig., 336 F. Supp. 3d
1256, 1320 (D. Kan. 2018) (quoting Resol. Tr. Corp. v. Stone, 998 F.2d 1534, 1543 (10th Cir.
1993)))); see also Doc. 335 at 90 (“As with the existence of a RICO enterprise and pattern of
racketeering activity, the court finds that deciding the scope of and membership in any
conspiratorial agreement is a matter properly reserved for the trier of fact.”). Plaintiff demanded
a jury trial and it will receive one. See Doc. 168 at 21 (Second Am. Compl.) (“Plaintiff demands
a trial by jury[.]”). If appropriate, plaintiff may renew this request later during the trial.

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Defendants Charles Elfsten and Mark Hasegawa jointly filed a Response opposing plaintiff’s
motion. See Doc. 431.

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s Motion for
Entry of Judgment (Doc. 430) is denied.
IT IS SO ORDERED.
Dated this 28th day of June, 2021, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge

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