Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ICT Law and Technology Group, PLLC v. Seatree PLLC

United States District Court, W.D. Washington, Seattle

June 6, 2018

ICT LAW AND TECHNOLOGY GROUP, PLLC, Plaintiff,
v.
SEATREE PLLC, and JAMES J. NAMIKI, Defendants.

          MINUTE ORDER

         The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:

         (1) Defendant's Motion to Dismiss, docket no. 7, is GRANTED in part and DEFERRED in part, as follows:

(a) Counts I and II are DISMISSED without prejudice. The Complaint, docket no. 1, does not plausibly allege that Mr. Namiki or Seatree PLLC were persons acting under the color of state law sufficient to state a 42 U.S.C. § 1983 claim against them. Naffe v. Frey, 789 F.3d 1030, 1035-36 (9th Cir. 2015).
(b) Count III, brought under the Racketeer Influenced and Corrupt Organizations Act (RICO), is DISMISSED without prejudice.
(c) Count IV is DISMISSED with prejudice. Plaintiff did not properly remove the state court action alleged in the Complaint in accordance 28 U.S.C. § 1446.

         (2) Plaintiff's Motion for Leave to File Supplement to Original Complaint, docket no. 39, is treated as a motion to amend the Complaint. The motion is GRANTED. If ICT wishes to amend its complaint, it shall file an amended complaint within twenty-eight (28) days of this Minute Order.

         (3) If ICT seeks to re-plead a RICO claim, it shall submit with its amended complaint a RICO case statement, which shall include the facts upon which ICT is relying to support its RICO claim as a result of the “reasonable inquiry” required by Federal Rule of Civil Procedure 11. The RICO statement shall be in a form using the numbers and letters as set forth below, and shall state in detail and with specificity the following information:

         1. RICO Provision: State whether the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a), (b), (c), and/or (d).

         2. Defendants: List each RICO defendant and state the alleged misconduct and basis of liability of each RICO defendant.

         3. Other RICO Violators: List all alleged RICO violators other than the RICO defendants listed above, and state the alleged misconduct of each alleged wrongdoer.

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

         5. Pattern of Racketeering Activity: 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 that were allegedly violated;
b. Provide the dates of the predicate acts, the participants in the predicate acts, and a description of the facts ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.