Horn et al v. Medical Marijuana, Inc. et al

Filing 217

DECISION AND ORDER granting 208 Motion for Certificate of Appealability. The Clerk of Court is directed to enter partial final judgment on Douglas J. Horn's civil RICO claim predicated on mail and wire fraud, which the Court dismissed in its September 14, 2021 Decision & Order. See Docket # 206. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 1/20/2022. (MFM)-CLERK TO FOLLOW UP-

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appropriate and justified.
case,

I concur.

Based on the unique posture of this

If my determination as to the viability of

plaintiff's RICO claim was erroneous, absent Rule 54(b) relief,
this case would have to be tried again with the RICO cause of
action reinstated, an event that would be inefficient and costly.
Accordingly, the Court concludes that entry of a partial final
judgment pursuant to Rule 54(b) is appropriate with respect to
plaintiff's civil RICO claim predicated on mail and wire fraud.
CONCLUSION

For the reasons stated above,

the Court GRANTS plaintiff

Douglas J. Horn's Rule 54(b) motion (Docket# 208).

The Clerk of

Court is directed to enter partial final judgment on Douglas J.
Horn's civil RICO claim predicated on mail and wire fraud, which
the Court dismissed in its September 14, 2021 Decision

&

Order.

See Docket# 206.
SO ORDERED.

MAGISTRATE JUDGE
Dated:

Rochester, New York
January@, 2022

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