United States District Court, W.D. Washington, Seattle
following Minute Order is made by direction of the Court, the
Honorable Thomas S. Zilly, United States District Judge:
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
(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.
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.
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
RICO Provision: State whether the alleged unlawful
conduct is in violation of 18 U.S.C. §§ 1962(a),
(b), (c), and/or (d).
Defendants: List each RICO defendant and state the
alleged misconduct and basis of liability of each RICO
Other RICO Violators: List all alleged RICO
violators other than the RICO defendants listed above, and
state the alleged misconduct of each alleged wrongdoer.
Victims: List the alleged victims and state how each
victim was allegedly injured.
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
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