SOUTHERSBY DEVELOPMENT CORPORATION v. TOWNSHIP OF SOUTH PARK et al
| SOUTHERSBY DEVELOPMENT CORPORATION |
| TOWNSHIP OF SOUTH PARK, MICHAEL G. WARGO, HERBERT ROWLAND & GRUBIC, INC and SCOTT SWANSINGER |
| 2:2014cv01248 |
| September 12, 2014 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Nora Barry Fischer |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1961 |
| Plaintiff |
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Filing
68
MEMORANDUM OPINION indicating that Defendants Township of South Park and Michael G. Wargo's Motion to Dismiss 32 is granted, in part, and denied, in part. It is granted to the extent that the Township of South Park is immune from the breach of fiduciary duty, fraud, and civil conspiracy claims, to the extent that they seek monetary damages for said claims. It is denied in all other respects. Defendants Herbert, Rowland & Grubic, Inc. and Scott Swansinger's Motion to Dismiss 36 is denied. An approrpiate Order follows. Signed by Judge Nora Barry Fischer on 4/17/2015. (nlz)
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Filing
6
ORDER indicating that upon consideration of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunctive Relief 3 , Brief In Support 4 , it is hereby ordered that, for reasons stated more fully in said Order, Plaintiff's Motion for Temporary Restraining Order and Motion for Preliminary Injunction 3 is denied, without prejudice. Additionally, the Court recognizes that Plaintiff avers that it is relying upon its Complaint alleging civil violations of Racketeering I nfluenced and Corrupt Organizations Act, ("RICO"), 18 U.S.C. § 1961 et seq., in support of its Motion for Temporary Restraining Order and Preliminary Injunction. Local Rule 7.1.B. of the Local Rules of Court for the Western District of Pennsylvania of Court requires the filing of a RICO Case Statement in support of any RICO claim and "[i]n a civil RICO case, the RICO case statement is part of the pleadings." Aluminium Bahrain B.S.C. v. Dahdaleh, CIV. 8-299, 2014 WL 16 81494 (W.D. Pa. Apr. 28, 2014); that the Motion for Temporary Restraining Order and Motion for Preliminary Injunction is likewise denied to the extent Plaintiff relies on its RICO claims in the Complaint, which are procedurally insufficient due to t he failure to comply with Local Rule 7.1.B; that Plaintiff shall file its RICO Case Statement within fourteen days of its filing of the Complaint on 9/12/14 as required by Local Rule 7.1.B or any RICO claims will be stricken from the record. Signed by Judge Nora Barry Fischer on 9/16/14. (jg)
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