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Murphy v. Bank of America, N.A.

United States District Court, E.D. Pennsylvania

November 18, 2014

BRIAN D. MURPHY, Individually and on behalf of other similarly situated current and former homeowners in Pennsylvania
v.
BANK OF AMERICA, N.A., ET AL

ORDER

R. BARCLAY SURRICK, District Judge.

AND NOW, this 17th day of November, 2014, it is ORDERED as follows:

I. The Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of Defendants, McCabe Weisberg & Conway, P.C., Terrence J. McCabe, Marc S. Weisberg, and Edward D. Conway (ECF No. 41); and the Motion of Defendants Bank of America, N.A. and the Bank of New York Mellon, N.A., to Dismiss Plaintiff's Complaint (ECF No. 42); are DENIED without prejudice.

II. Within 20 days of the date of this Order, Plaintiff shall file a Civil RICO Case Statement that includes the facts Plaintiff is relying upon to prove his RICO claim. In particular, the Civil RICO Case Statement shall be in a form that uses the numbers and letters as set forth below, and shall provide the following information:

1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. ยงยง 1962(a), (b), (c), and/or (d).
2. List each defendant and state the alleged misconduct and basis of liability of each defendant.
3. List the alleged victims and state how each victim was allegedly injured.
4. Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. A description of the pattern of racketeering shall include the following information:
a. List the alleged predicate acts and the specific statutes that were allegedly violated;
b. If the RICO claim is based on the predicate offenses of wire fraud, mail fraud, or fraud in the sale of securities, the "circumstances of fraud or mistake shall be stated in particularity";
c. Describe how the predicate acts form a "pattern of racketeering activity"; and
d. State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe.
5. Describe in detail the alleged enterprise for each RICO claim. A description of the enterprise shall include the following information:
a. State the names of the individuals, partnerships, corporations, associations, or other legal entities that ...

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