Linsey v. E.F. Hutton & Co.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS COUNTS II AND III

HASTINGS, District Judge.

THIS MATTER came to be heard upon Defendants’, Curt D. Mosow and E.F. Hutton & Co., Inc. (hereinafter collectively “Defendants”) Motions to Dismiss Counts II and III, based upon Plaintiff’s, Joseph M. Linsey (hereinafter “Linsey”) failure to file an amended Federal RICO claim. After careful consideration of the motions and a thorough review of the case law cited by defense counsel, this Court hereby DENIES the motions to dismiss for the reasons set forth below.

I. POSTURE OF THE CASE

On…