LENTINI v. RUGGIERO et al
Filing
30
MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 10/31/2013. (mmh)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JACQUELYN LENTINI,
Plaintiff,
v.
Civil Action No. 12-3586 (MAS) (DEA)
NICHOLAS RUGGIERO, et al.,
MEMORANDUM OPINION
Defendants.
SHIPP, District Judge
This matter comes before the Court on Plaintiff Jacquelyn Lentini's ("Plaintiff') Motion
for Default Judgment. (Pl.'s Mot., ECF No. 18; Pl.'s Req. to Enter Default, ECF No. 17.)
Defendant Nicholas Ruggiero ("Defendant" or "Ruggiero") filed a Certification in opposition to
Plaintiff's Motion. (Opp'n Cert., ECF No. 28.) In addition, Defendant submitted two Answers to
Plaintiff's Complaint. (Def.'s 1st Answer, ECF No. 19; Def.'s 2nd Answer, ECF No. 29.) The
Court has carefully considered the Parties' submissions and decided the matter without oral
argument pursuant to Local Civil Rule 78.1. For the reasons stated below, and for other good
cause shown, Plaintiff's Motion for Default Judgment is denied as to Ruggerio and denied
without prejudice as to Five Star Capital. In addition, the Court vacates the Clerk's entry of
default as to Ruggiero.
I.
Background & Procedural History
Plaintiff's Complaint alleges a Racketeer Influenced and Corrupt Organizations Act
("Civil RICO") claim, breach of contract, breach of covenant of good faith and fair dealing,
material misrepresentation, breach of fiduciary duty, unjust enrichment, intentional infliction of
emotional distress, and negligent infliction of emotional distress. (Compl., ECF No. 1.) The
Complaint alleges that Defendant rented a home located in Bay Head, New Jersey, to Plaintiff.
(Compl., Facts Common to All Counts, <][3.) According to the Complaint, Defendant approached
Plaintiff and her husband about an opportunity to purchase gold dust from the African country of
Ghana. (/d. <][4.) Specifically, on March 12, 2011, Defendant sent Plaintiff's husband an e-mail
message about "programs" that promised large returns in the hundred thousand dollar range,
"with no risk of capital." The e-mail message also related that the capital would be secured by a
promissory note. (/d. <][5.)
Plaintiff alleges that Defendant advised her that he previously participated in three
successful purchases of gold from the Nana Agyemang and Awuku Family Stool Lands in
Ghana. (Compl. <][1 7-8.) Defendant also represented that he personally visited Ghana, helped
facilitate one transaction, and returned with gold. (ld. <][9.)
On July 25, 2011, Defendant sent Plaintiff's husband another e-mail message and
explained that he required a "CIS-Client Information Sheet-for compliance since this is a gold
asset platform and they must screen the applicant." (/d. <][11.) Defendant represented that any
monies Plaintiff invested would receive a 50% rate of return and would be returned within 14
days of the original investment. (/d. <][12.) An attorney allegedly administered the funds. (/d.
<][13.) Defendant signed a promissory note secured by a mortgage on the Bay Head property, and
Plaintiff agreed to make the initial $40,000.00 investment. (/d. <][14.)
On August 8, 2011, Defendant gave Plaintiff a draft agreement stating that the investment
of $40,000.00 dollars would be returned in 14 days, at a 50% rate of return. The note was to be
secured by a second mortgage. (/d. <][15.) On August 9, 2011, Defendant e-mailed Plaintiff's
husband documents needed to complete the "gold transaction." The documents referred to the
Republic of Ghana and Timechase and indicated that the purchase would be proceeding with
2
Five Star Capital Group LLC ("Five Star Capital"). (ld.
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