PCF Insurance Services of the West LLC v. Fritts

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE PCF INSURANCE SERVICES OF THE CASE NO. C23-1468-JCC WEST LLC, MINUTE ORDER 11 Plaintiff, v. JAMES FRITTS, et al., Defendants.

16 The following Minute Order is made by direction of the Court, the Honorable John C.

17 Coughenour, United States District Judge: 18 Presently before the Court is Defendants’ motion to dismiss (Dkt. No. 46). The Court seeks supplemental briefing on whether Plaintiff has adequately alleged the “continuity” necessary to establish a “pattern” under RICO. See H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 241–42 (1989). Specifically, the briefing should address whether Plaintiff has shown “a closed period of repeated conduct” that persisted over a “substantial period of time” (i.e., “closed-ended continuity”) or “past conduct that by its nature projects into the future with a threat of repetition” (i.e., “open-ended continuity”). See id. Moreover, the parties should discuss the applicability of Sun Sav. & Loan Ass’n v. Dierdorff, 825 F.2d 187 (9th Cir. 1987), a single-victim case in which the Ninth Circuit found sufficient continuity to establish a “pattern” under RICO.

1 • Defendants’ brief, not to exceed 4 pages, is due March 11, 2024.

2 • Plaintiff’s response, not to exceed 4 pages, is due March 18, 2024.

3 • Defendants’ reply, not to exceed 2 pages, is due March 21, 2024.

5 DATED this 4th day of March 2024.

Ravi Subramanian Clerk of Court s/Kathleen Albert 9 Deputy Clerk