Roth v. Walters et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ERIC L. ROTH,
Plaintiff 4:22-cv-4096
vs. MEMORANDUM OPINION
BOB WALTERS,MERS DOE,
GALE HANDER,TITLE DOE,
JULIE RISTY,FANNIE MAE DOE,
AMY FOLSOM, 1-5 DOES,
CHRIS LILLA,
Defendants
AND ORDER
Pending before the court is a motion to dismiss filed by Defendants Risty,
Folsom, and Lilla.(Doc. 11). Plaintiffs pro se complaint alleges that Defendants
engaged in a conspiracy against him prohibited by the Racketeer Influenced and
Corrupt Organizations(RICO)Act, and also alleges acts that form the basis of his
common law claims. (Doc.1). In response to Defendants' motion to dismiss.
Plaintiff filed a "verified motion to strike" the answers and motions to dismiss filed
by all Defendants.(Doc. 17). Defendants responded.(Doc. 18). For the following
reasons, the Court grants Defendants' motion to dismiss,(Doc. 11), and denies
Plaintiffs motion to strike.(Doc. 17).
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BACKGROUND
Plaintiff filed a lengthy Complaint with attachments(358 pages) against
several Defendants, including employees of Minnehaha County, Wells Fargo
Bank, Quicken Loans, and Doe Defendants. (Doc. 1). The Complaint is styled as
a "Quiet Title Action." (Id.). The first Cause of Action is captioned "Trespass on
the case—^Racketeer Influenced and Corrupt Organizations Law."(Id., PgID 17).
Count 2 is captioned "Trover—Negligence."(Id., PgID 19). Count 3 is "Special
Assumpsit—^Breach of Contract."(Id.). Count 4 is "Indebitatus Assumption—
Vicarious Liability."(Id., PgID 20). Plaintiffs claims arise from activity related to
mortgages and other transactions in connection with his real property.
The basis ofPlaintiffs allegations appears to be that the financial system in
place in the United States is fi-audulent, and therefore, the actions ofthose involved
in that system also were when they engaged in activities involving his real
property.(Id., PgID 3). The named Defendants are alleged to have played different
roles in the alleged conspiracy against him. Walters, the COO of Quicken Loans,
headquartered in Michigan, is accused offraud and many other transgressions.
Hander,formerly employed by Wells Fargo Bank, played a role in obtaining a
mortgage for Plaintiff(although Plaintiff did not sue Wells Fargo Bank in this
lawsuit). Finally, three employees of Minnehaha County, South Dakota, were
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sued. Plaintiff filed many allegations ofracketeering against them,(id., PgID 17-
19), as well claims relating to their positions as county officials described below.
Plaintiffs claim against Lilla, the Director ofEqualization for Minnehaha
County, is that Lilla unlawfully taxed Plaintiffs property. Plaintiff asserts he sent
a notice to Lilla and that Lilla's having failed to rebut it means he "tacitly
consented to all the facts and the claim." (Doc. 1, PgID 12-13). The document
Plaintiff sent to Lilla asserts the "2021 REAL ESTATE ASSESSMENT NOTICE,
Document Proves, Constructive Fraud, Mail Fraud, Forgery, Extortion, Trespass,
Identity Theft, Administering my Private Property without Right." (Doc. 1-2,
PgID 129-32). Plaintiff asserts "with my wet signature" that he has not received an
"obligation [contract]" that Chris Lilla "has the right to do an assessment on my
Private Property." (Id., ^ 12, PgID 130). He further alleges fraud and that he has
received no document giving permission to Lilla to "Lower the status of my
Private Property to REAL ESTATE." (Id., T|13, PgID 131). Several of Plaintiffs
attached documents include a fingerprint with his signature.(Id., e.g., PgID 118,
134, 137, 138).
With respect to Risty and Folsom,Plaintiff alleges that Risty, the Register of
Deeds for Minnehaha County, South Dakota,refused to file two documents
Plaintiff submitted, including "Certification of Acceptance and Declaration of
Land Patent. Land Patent #2261,"(id., PgID 133), and "Common Law Lien 'Duly
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Noted' At Presentment Cease and Desist Order to Any Sale ofProperty." (Id.,
PgID 161). Folsom, a Deputy States Attorney for Minnehaha County, South
Dakota, wrote to Plaintiff and explained the documents were unrecordable, citing
pertinent sections ofthe South Dakota Code. (Id., PgID 162, 164). Plaintiffthen
filed complaints with the South Dakota Bar against Folsom and States Attorney
Dan Haggar,(id., PgID 168-69), and also responded with this lawsuit.
With respect to claims of conspiracy. Plaintiff alleges "the unlawful direct
tax on my substantive right to own property was created by Wells Fargo conspiring
with Julie Risty's agency and Chris Lilla's agency." (Doc. 1,PgID 13). He adds,
"I am sure that another Tax conspiracy happened again with Bob Walters agency
Quicken Loans Inc. Twice with the same agency's." (Id.). He asserts Risty and
Folsom conspired to deprive him of"substantive rights through color of law."(Id.,
PgID 14).
Plaintiff alleges many acts ofracketeering, coercion, extortion and other
misconduct. (Id., PgID 17-19). He demands "150,000.00 lawful dollars" each
from Lilla, Risty, and Folsom, which apparently requires payment in gold and
silver. (Id., PgID 4). He also demands costs and attorney's fees.
LEGAL STANDARD
1. Motion to Dismiss—^Fed. R. Civ. P. 12(b)(6)
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Defendants have alleged that all counts of the Complaint must be dismissed
under Federal Rule of Civil Procedure 12(b)(6), failure to state a claim upon which
relief can be granted. To avoid dismissal under Rule 12(b)(6), Ashcroft v. Iqbal
requires that the plaintiff have included in the complaint "sufficient factual matter,
accepted as true, to state a claim to reliefthat is plausible on its face." 556 U. S. 662,
678, 129 S. Ct. 1937, 1949, 173 L. Ed.2d 868(2009){p^uoimg Bell Atlantic Corp. v.
Twombly, 550 U. S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007)). See
Spagna v. Phi Kappa Psi, Inc., 30 F.4th 710, 715 (8th Cir. 2022)(dismissal proper
where factual allegations failed to state a plausible claim for relief and amounted to
only a possibility that relief was warranted); Faulk v. City ofSt. Louis, 30 F.4th 739,
744 (8th Cir. 2022) (quoting Iqbal standard and reversing denial of motion to
dismiss).
As the court considers a motion to dismiss, it must assume all facts alleged
in the complaint are true. Coleman v. Watt, 40 F.3d 255, 258 (8th Cir. 1994). See
also Yankton Sioux Tribe v. U.S. Dept. ofHealth & Human Services, 496 F. Supp.
2d 1044(D.S.D. 2007); Broin and Associates, Inc. v. Genencor Intern., Inc., 232
F.R.D. 335, 338 (D.S.D. 2005). The complaint is to be viewed in the light most
favorable to the non-moving party. Broin, 232 F.R.D. at 338 (citingFrey v.
Herculaneum, 44 F.3d 667, 671 (8th Cir. 1995)). Although the court should grant
the Motion to Dismiss only in the "unusual case in which a plaintiff includes
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allegations that show on the face of the complaint that there is some insuperable
bar to relief," it is a requirement that the complaint "contain facts which state a
claim as a matter oflaw and must not be conclusory." Frey, 44 F.3d at 671. While
conclusory statements are insufficient, well-pleaded factual allegations should be
deemed true and the District Court should proceed to determine whether plaintiff is
entitled to relief. Drobnakv. Andersen Corp., 561 F.3d 778 (8th Cir. 2009).
When the court considers a motion to dismiss for failure to state a claim
upon which relief can be granted under Rule 12(b)(6), it examines the complaint
and '"matters incorporated by reference or integral to the claim, items subject to
judicial notice, matters of public record, orders, items appearing in the record of
the case, and exhibits attached to the complaint whose authenticity is
unquestioned;' without converting the motion into one for summary
judgment." Faloni and Associates, LLC v. Citibank N.A., 2020 WL 4698475, *2
(D.S.D. 2020)(quoting Miller v. Redwood Toxicology Lab, Lnc., 688 F.3d 928, 931
n.3 (8th Cir. 2012)(citing 5B Charles Alan Wright & Arthur R. Miller, Federal
Practice and Procedure § 1357(3d ed. 2004))).
2. Motion to dismiss- Fed. R. Civ. P. 12(b)(1)
Defendants argue the Court lacks jurisdiction in this case. Pursuant to
28 U.S.C. § 1331, a federal district court has jurisdiction to hear "all civil actions
arising under the Constitution, Laws, or treaties ofthe United States." The Court
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also has jurisdiction where the matter in controversy exceeds $75,000 and is
between "citizens of different states." 28 U.S.C. § 1332. Plaintiff has styled his
first cause of action as "Trespass on the case—^Racketeer Influenced and Corrupt
Organizations Law."(Doc. 1, PgID17). This is the sole federal claim in this
lawsuit. The Court will address the requirements for pleading claims under the
applicable sections ofthe Racketeer Influenced and Corrupt Organizations statute,
18 U.S.C. §§ 1962, 1964.
In Stonebridge Collection, Inc. v. Carmichael,the court emphasized that to
state a claim under 18 U.S.C. § 1962(c), the plaintiff must plead "(1) conduct(2) of
an enterprise (3)through a pattern(4) ofracketeering activity." 791 F.3d 811, 822-
23 (8th Cir. 2015)(quoting Nitro Distrih., Inc. v. Alticor, Inc., 565 F.3d 417,428
(8th Cir. 2002)). See also GSAA Home Equity Trust 2006-2 ex rel. LL Funds LLC
V. Wells Fargo Bank N.A., 133 F.Supp.3d 1203, 1225 (D.S.D. 2015). The
Stonebridge court also explained the requirement of a pattern ofracketeering,
meaning at least two predicate acts that are related and pose a threat of continued
criminal activity. 791 F.3d at 823. Whether a pattern ofracketeering activity
exists is a question offact for the court. Id.
When a plaintiff relies on fraud as the RICO predicate act, the provisions of
F.R.C.P. 9(b) apply, meaning the complaint must state with particularity the
circumstances constituting fraud. Fed. R. Civ. P. 9(b). See GSAA, 133 F.Supp.3d
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at 1225 {citmg Murr Plumbing, Inc. v. Scherer Bros. Fin. Servs. Co., 48 F.3d 1066,
1069(Bth Cir. 1995)). Conclusory allegations are not sufficient. Id. (citing
Drohnak,561 F.3d at 783). The particularity requirement "demands a higher
degree of notice than that required for other claims," United States ex rel. Benaissa
V. Trinity Health,963 F.3d 733, 739(8th Cir. 2020)(quoting United States ex rel.
Costnerv. URS Consultants, Inc., 317 F.3d 883, 888 (8th Cir. 2003))."To satisfy
Rule 9(b)'s particularity requirement,'the complaint must plead such facts as the
time, place, and content ofthe defendant's false representations, as well as the
details ofthe defendant's fraudulent acts, including when the acts occurred, who
engaged in them, and what was obtained as a result,"' Benaissa,963 F.3d at 739
(quoting United States ex rel. Joshi v. St. Luke's Hosp., Inc., 441 F.3d 552, 556
(8th Cir. 2006)). In the event the requirements of Rule 9(b) are not met,the court
will dismiss the RICO claim. GSAA, 133 F.Supp.3d at 1227. See also Schied v. U-
HaulInternational, Inc., 2021 WL 3287708, *8 (D.S.D. 2021)(dismissing RICO
claim where court is "unwilling to guess" what the illegal activity at issue is).
When a court dismisses the only federal claim in a lawsuit, it determines
whether to exercise supplemental jurisdiction over any remaining state law claim.
28 U.S.C. § 1367. The court may decline to exercise supplemental jurisdiction if
"the claim substantially predominates over the claim or claims over which the
district court has original jurisdiction." Id. §1367(c)(2). See 7;^ re Cotter
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Corporation, (N.S.L.), 22 F.4th 788,792(8th Cir. 2022);Innovative Home Health
Care, Inc. v. P.T.-O.T. Assocs. Ofthe Black Hills, 141 F.3d 1284, 1286 (8th Cir.
1998).
As this Court noted in Huffv. City ofBrookings Police Dept.,
The United States Supreme Court has advised:
[A]federal court should consider and weigh in each case, and at every stage
ofthe litigation, the values ofjudicial economy, convenience, fairness, and
comity in order to decide whether to exercise jurisdiction over a case
brought in that court involving pendent state-law claims. When the balance
ofthese factors indicates that a case properly belongs in state court, as
when the federal-law claims have dropped out ofthe lawsuit in its early
stages and only state-law claims remain, the federal court should decline the
exercise ofjurisdiction by dismissing the case without prejudice.
2022 WL 2528255,*8 (D.S.D. 2022)(quoting Carnegie-Mellon Univ. v. Cohill,
484 U.S. 343, 350(1988)(citing United Mine Workers ofAmerica v. Gihhs, 383
U.S. 715,726-27(1966))).
3. Motion to strike—^Fed. R. Civ. P. 12(f)
Plaintiff has moved to strike Defendants' answers and motions to dismiss.
F.R.C.P. 12(f) authorizes a court to "strike from a pleading an insufficient defense
or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P.
12(f). As the Eighth Circuit has stated,"Striking a party's pleading, however, is an
extreme and disfavored measure." BJC Health System v. Columbia Cas. Co., 478
F.3d 908,917(8th Cir. 2007)(citing Stanbury Law Firm, PA v. IRS, 221 F.3d
1059, 1063 (8th Cir. 2000)). The court views the pleadings "in the light most
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favorable to the pleading party." Nasuti v. Walmart, 2021 WL 3403666, *1 (D.S.D.
2021).
ANALYSIS
1. Motion to dismiss—^Fed. R. Civ. P. 12(b)(6)
A. Plaintiffs RICO claims against all Defendants
Plaintiff has alleged sweeping violations ofthe RICO statute against
Lilla, Risty, and Folsom. Although a court construes a pro se Plaintiffs claim
liberally, a complaint must allege a plausible claim for relief. Spagna, 30 F.4th at
715. In this case. Plaintiff rests his claims, at least in part, on his beliefthat the
monetary system in the United States is fraudulent and that this affected loans in
regard to his property. For example, his complaint alleges:
6b.FEDERAL RESERVE NOTES are not lawful money,legal tender or
currency pursuant to the constitution, described in attached Exhibit A,Law
ofthe case (see sec.. Federal Reserve Notes are not legal tender and sec.,
the seven money clauses ofthe constitution) and is incorporated by reference
as though fully stated herein. Banks create credit and debt out ofthin are. I
have to sell my labor, services or goods for credit and debt. My debt notes
include valuable consideration.
6c. Alleged mortgage lenders do not loan lawful money, legal tender,
currency, deposits and they can not loan credit, described fully in paragraph
6, Law ofthe case. Exhibit A sec.. Banks Can Not Loan Credit.
(Doc. 1, PgID 3).
The complaint further states:
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17. FEDERAL RESERVE NOTES are unconstitutional, unlawful in so
many ways. There must be a remedy for people or this would be treason.
(Doc. 1, PgID 5).
Plaintiffs complaint lists "Duty of all defendants," (id.,^ 96,PgID 17), and
"BREACH OF DUTY BY DEFENDANTS,"(id., T| 97,PgID 17), including with
respect to Defendants Lilla, Risty, and Folsom many instances offraud "to extort
money," and "Racketeering organized conspiracy coercion with willful intent to
extort money by converting unalienable rights into privileges, creating a license
and a fee for it." (Id., ^ 97.f,PgID 18)). Another racketeering allegation is
"racketeering organized conspiracy coercion to extort money through fraudulent
conversion of my bom name, my property, land, rights through fraudulent use of
language with willful intent." (Id.,^ 97.j, PgID 18). Plaintiff also includes
"racketeering organized conspiracy coercion to extort money lying about me being
a person." (Id., 97.0.,PgID 18).
The Court fmds that Plaintiffs RICO claim is based on his own theories
about the monetary system and other unsupported theories and does not state a
claim upon which relief can be granted under Rule 12(b)(6). The activities of
Defendants Lilla, Risty, and Folsom in this case do not amount to fraud under any
reading ofthe complaint or other documents submitted in this case. The Court
grants Defendants Lilla, Risty, and Folsom's motion to dismiss pursuant to
F.R.C.P. 12(b)(6).(Doc. 11).
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B. Additional Claims against Defendant Lilla
Defendant Lilla argues the claims against him for taxing Plaintiffs property
and conspiring to do so should be dismissed for failure to state a claim upon which
relief can be granted. Fed. R. Civ. P. 12(b)(6). The United States Supreme Court
has long recognized the power ofthe federal and state governments to tax. As the
Court stated in Providence Bank v. Billings and Pittman,"Taxation is an incident
of its [a government's] highest sovereign power." 29 U.S. 514,4 Pet. 514, 558,7
L.Ed. 939, 1830 WL 3877(1830). The Court continued,"That the taxing power is
of vital importance; that it is essential to the existence of government; are truths
which it cannot be necessary to reaffirm. They are acknowledged and asserted by
all." Id. at 561. In concluding its comments,the Court emphasized,"The power of
legislation, and consequently oftaxation, operates on all the persons and property
belonging to the body politic. This is an original principle, which has its foundation
in society itself. It is granted by all, for the benefit of all." Id. at 563. See also
Larson v. State ofSouth Dakota, 278 U.S. 429, 435-36, 49 S.Ct. 196, 73 L.Ed. 441
(1929)(noting the community has an interest in retaining the taxing power
"undiminished").
The State of South Dakota has a strong interest in exercising the taxing
power and the South Dakota Constitution provides for such power. S.D. Const.,
art. XL Further, S.D.C.L. § 10-4-1 provides as follows:
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All real property in this state and the property of corporations existing or
hereafter created, and the property of all banks or banking companies
existing or hereafter created, except such as is hereinafter expressly
excepted, is subject to taxation; and such property, or the value thereof, shall
be entered in the list oftaxable property for that purpose, in the manner
prescribed in chapter 10-6.
The South Dakota Supreme Court recently reaffirmed the power ofthe state to levy
taxes. As the court explained in Pickerel Lake Association v. Day County,"It is
generally within the province ofthe State to assess property taxes." 953 N.W.2d
82,94(S.D. 2020). The Court added the State "retains its historic power to
regulate by imposing state and local taxes." Id.(citing Providence Bank,29 U.S.
at 524).
Plaintiffs claim that taxing his property violates his substantive due process
rights is without merit, as both the federal and state governments are authorized to
tax property. His accompanying claim that Lilla engaged in a conspiracy to
unlawfully tax his property is also without merit. To establish a civil conspiracy.
Plaintiff would have to prove(1)two or more persons;(2)an object to be
accomplished;(3)a meeting ofthe minds on the object or course of action to be
taken;(4)the commission of one or more unlawful overt acts; and (5)damages as
the proximate result ofthe conspiracy. Setlijfv. Akins, 616 N.W.2d 878, 889(S.D.
2000){ciLmg Nelson v. WEB Water Dev. Assn., Inc., 507 N.W.2d 691 (S.D. 1993)).
At a minimum. Plaintiff carmot prove element(4). The Federal and State
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governments are authorized to collect taxes, making Lilla's actions lawful rather
than unlawful.
The Court finds that Plaintiffs allegation that Lilla violated his substantive
due process rights by taxing his property and conspiring to do so is without merit.
The Court grants Defendant Lilla's motion to dismiss.
C. Claims against Defendants Risty and Folsom
Plaintiff alleges Risty refused to file his documents in violation of"her oath
and duty and obligation to protect and defend the constitution,"(Doc. 1, PgID 14),
and that Risty and Folsom conspired to deprive him of"substantive rights under
color oflaw." (Id.). Related allegations echo these assertions. (Id., PgID 15-16).
Defendants have moved to dismiss under Fed. R. Civ. P.(12)(b)(6).
S.D.C.L. § 43-28-1 provides that"Any instrument affecting the title to or
possession ofreal property may be recorded as by law provided." The ensunig
sections provide for the recording of many types of documents affecting title to
real property, and consistently use the term "may" with respect to the Register of
Deeds' obligation to record documents. The exercise of discretion by Register of
Deeds Risty, reinforced by the legal advice of Attorney Folsom, did not result in a
deprivation of any due process right Plaintiff had. The statute grants the Register
ofDeeds the prerogative to exercise discretion in addressing Plaintiffs documents.
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and there is no indication she erred in her judgment. Plaintiff has no protected
property interest in the filing of his documents.
The Court finds the Defendants' motion to dismiss is well-supported under
the facts and the law. The Court further finds Plaintiffs claims that he was
deprived of substantive due process in cormection with filing documents is baseless
and grants Defendants Risty and Folsom's motion to dismiss in all respects
pursuant to F.R.C.P. 12(b)(6).
2. Motion to dismiss—^Fed. R. Civ. P. 12(b)(1)
Plaintiff alleges violations ofthe Racketeer Influenced and Corrupt
Organizations Act and a RICO conspiracy among the Defendants in this case. The
allegations appear to be based at least in part on Plaintiffs view that the monetary
system itself is fraudulent, as discussed above. (Doc. 1,PgID 17-19). His claim
rests on an "indisputably meritless theory." Neitzke v. Williams, 490 U.S. 319, 327
(1989).
Plaintiff fails to allege the elements of a RICO action, i.e., conducting the
affairs of an enterprise through a pattern of racketeering activity, and conspiring to
do so. He alleges there was a conspiracy but supplies no facts to support his
assertion. He fails to allege his claims of fraud with particularity, as required by
Rule 9(b). Instead, Plaintiff accuses Defendants of many instances of fraud
involving extortion, lying, and racketeering.(Doc. 1, PgID 18). Although Plaintiff
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freely employs terms such as treason, fraud, and racketeering, none of his claims
allege any individual fraudulent conduct by any ofthe Defendants that would
amount to a RICO violation. Therefore, the Court dismisses the RICO claim
pursuant to F.R.C.P. 12(b)(1). The question presented, then is whether to exercise
supplemental jurisdiction. Carnegie-Mellon, 484 U.S. at 350.
In this case, the values ofjudicial economy, convenience, fairness, and
comity outweigh any interest in maintaining federal jurisdiction over any claims
remaining after dismissal ofthe RICO claim. The litigation is in the early stages,
the sole federal claim has been dismissed, and the sole Defendant who is not a
resident of South Dakota has been dismissed.(Doc. 34). Furthermore,the Court
has dismissed all claims separately under F.R.C.P. 12(b)(6), so any exercise of
supplemental jurisdiction would be inappropriate. Finally, supplemental
jurisdiction in this case would involve resolving claims about the exercise oftheir
duties by county officers, which is peculiarly within the realm ofthe jurisdiction of
the South Dakota state courts. For these reasons, the Court declines to exercise
supplemental jurisdiction over any remaining state law claims.
Defendants have alleged that the Court lacks jurisdiction because there is not
complete diversity among the named defendants.(Doc. 11). Given the Court's
dismissal ofPlaintiffs claims in this Memorandum Opinion and Order,the
question of diversity is moot.
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3. Plaintiffs motion to strike—^F.R.C.P. 12(f)
Plaintiff alleges the attorneys in the case have violated certain Rules of
Evidence in filing their answers and motions. The Federal Rules ofEvidence do
not apply at the pleading stage, FRE 101. The allegation that the documents filed
by the attorneys violate the Hearsay Rule,FRE 801, and rules governing witnesses,
FRE 602, is without merit because the Rules ofEvidence do not apply at this stage
ofthe proceedings. Neither does FRE 301, dealing with presumptions, which
Plaintiff asserts as a basis to strike. He also seems to be accusing all ofthe
attorneys of lying.(Doc. 17,PgID 424).
Furthermore, pursuant to F.R.C.P. 11, attorneys are directed to sign
pleadings on behalf oftheir clients, given the rule's directive that "every pleading,
written motion, and other paper must be signed by at least one attorney of record in
the attorney's name." Fed. R. Civ. P. 11(a). The attorney is required to have a
reasonable basis for a pleading, which ordinarily comes from the client. Questions
about the admissibility of such evidence are resolved at a later stage ofthe
proceedings.
The Court finds there is nothing in Defendants' answer or motions that
should be stricken as "redundant, immaterial, impertinent, or scandalous" under
Rule 12(f) and denies Plamtiffs motion to strike.(Doc. 17).
CONCLUSION
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Plaintiff has alleged that Defendants have engaged in serious misconduct,
including conspiracy, failure to comply with the duties oftheir offices, fraud, and
numerous other transgressions. The allegations are without merit. The Court fmds
the Complaint must be dismissed for failure to state a claim upon which relief can
be granted, F.R.C.P. 12(b)(6), and grants the Defendants' motion to dismiss on that
basis. (Doc. 11). The Court fmds that Plaintiffs claims of violation ofthe
Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1962, 1964,
must be dismissed not only for lack of merit, F.R.C.P. 12(b)(6), but also for failure
to plead the elements and for failure to plead fraud with particularity. F.R.C.P.
12(b)(1). The Court dismisses all RICO claims. The Court declines to exercise
supplemental jurisdiction over any remaining claims. The Court fmds that
Plaintiffs motion to strike,(Doc. 17), is without merit and denies it.
Accordingly,IT IS ORDERED that
1. Defendants' motion to dismiss(Doc. 11)is granted; and
2. Plaintiffs motion to strike (Doc. 17)is denied.
Dated this 1st day of February, 2023.
BY THE COURT:
Lft.	LOaUjUUjl
Lawrence L. Piersol
ATTEST: United States District Judge
MATTHEW W. THELEN, CLERK
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