Wheatley et al v. Kirkland et al
| Bryan Wheatley and Jana Wheatley |
| Richard Berkshire, Free Power Company, Inc., Victor Kirkland and Solar Product Solutions, LLC |
| 8:2016cv00148 |
| April 7, 2016 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| F.A. Gossett |
| Contract: Other |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing
32
MEMORANDUM AND ORDER - The Fourth and Fifth Causes of Action in the Plaintiffs' First Amended Complaint (Filing No. 23 ) are dismissed, without prejudice; Defendant Richard Berkshire's Motion for Fed. R. Civ. P. 11 Sanctions (FilingNo. [1 6]) is denied; The Clerk will remove the name of Defendant Richard Berkshire from the case caption; The Motion to Dismiss for Improper Venue, or in the Alternative, Motion toTransfer Action (Filing No. 14 ) submitted by Defendant Victor Kirkland is granted; This action is transferred to the U.S. District Court for the Western District of Missouri, pursuant to 28 U.S.C. § 1406(a); Defendant Richard Berkshire's Motion to Dismiss First Amended Complaint (Filing No. 29 ) is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (MKR)
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Filing
22
MEMORANDUM AND ORDER that Defendant Richard Berkshire's Motion to Dismiss or, in the Alternative, Motion for a More Definite Statement 5 is granted in part, as follows: a. The Plaintiffs' First Cause of Action, alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq., is dismissed as to Defendant Richard Berkshire, with prejudice; b. The Plaintiffs' Fourth Cause of Action, alleging "Fraudulent Misrepresentation as to Berk shire," is dismissed, without prejudice. The Plaintiffs have leave to file an Amended Complaint on or before July 18, 2016, to reassert their claim against Defendant Richard Berkshire based on Fraudulent Misrepresentation, consistent with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (JSF)
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