Duval v. Albano et al
| Lesley Duval |
| Joseph Albano, Debra Albano and Axis Sports Media, Inc. |
| 1:2016cv07810 |
| October 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Katherine Polk Failla |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| Plaintiff |
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Filing
40
OPINION AND ORDER: on re: 33 MOTION to Dismiss the complaint, filed by Debra Albano, Axis Sports Media, Inc., Joseph Albano. As a policy matter, the Court sympathizes with the frustration evident in Defendants' briefing. Inde ed, there is no question that RICO's private right of action, in conjunction with the statute's inclusion of mail and wire fraud (for which there is no independent private right of action) as racketeering acts, creates federal treble da mage actions out of business disputes that would otherwise never be in federal court. However, the Supreme Court long ago observed that "this defect if defect it is is inherent in the statute as written, and its correction must lie with Con gress." Fresh Meadow Food Servs., LLC v. RB 175 Corp., 282 F. App'x 94, 100 (2d Cir. 2008) (summary order) (quoting Sedima S.P.R.L. v. Imrex Co., 473 U.S. 479, 499 (1985)). For all of the reasons outlined above, Plaintiff's Complaint passes muster. Accordingly, Defendants' motion to dismiss is DENIED, and the Clerk of Court is directed to terminate the motion at docket entry 33. The parties are directed to file a joint status letter and proposed case management plan that comply with the requirements outlined in the Courts Notice of the Initial Pretrial Conference (Dkt. #13) on or before August 9, 2017. The parties are forewarned that the Court will be disinclined to extend discovery deadlines, once those deadlines are proposed by the parties and endorsed by the Court, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 7/18/2017) (ap)
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