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Wall v. Roman

Citation: 18 F. App'x 41Docket: No. 00-9004

Court: Court of Appeals for the Second Circuit; September 6, 2001; Federal Appellate Court

Narrative Opinion Summary

The case involves plaintiffs-appellants who, representing themselves, appealed the District Court's dismissal of their complaint under Fed. R. Civ. P. 12(b)(6) in a RICO action. The plaintiffs alleged violations of civil remedy provisions and deprivation of intangible property rights, such as union membership and pension rights. The District Court dismissed their complaint for failing to establish the necessary predicate acts for a RICO violation, despite multiple opportunities to amend the claims. Additionally, the court dismissed a procedural due process claim against a defendant due to insufficient allegations but allowed amendment of this claim within a specified period. The plaintiffs' subsequent motions, including a motion to set aside the judgment and a motion to amend the complaint, were denied, with the latter being filed after the granted thirty-day amendment period. The appellate court reviewed the District Court's decisions de novo for the dismissal and for abuse of discretion regarding the denial of relief from judgment, ultimately affirming the lower court's orders. The appeal was construed from the judgment's finalization date, affirming the District Court's dismissal of both original and amended complaints while permitting a second amended complaint.

Legal Issues Addressed

Appellate Review Standards

Application: The appellate review was conducted de novo for the complaint dismissal and for abuse of discretion for the denial of relief from judgment.

Reasoning: The appellate review was conducted de novo regarding the dismissal and for abuse of discretion regarding the denial of relief from judgment.

Denial of Motion to Amend Complaint

Application: The District Court denied the plaintiffs' motion to amend the complaint as it was filed beyond the thirty-day limit granted for repleading claims. The appellate court found no abuse of discretion in this denial.

Reasoning: The District Court properly denied the amendment motion, filed on August 22, 2000, as it was beyond the thirty-day limit.

Dismissal under Fed. R. Civ. P. 12(b)(6)

Application: The District Court dismissed the plaintiffs' complaint for failure to state a claim upon which relief can be granted, specifically under RICO, due to the plaintiffs' inability to establish two predicate acts necessary for a RICO violation.

Reasoning: The District Court dismissed the complaint, finding that the plaintiffs failed to establish two predicate acts necessary for a RICO violation, despite multiple opportunities provided to replead their claims.

Motion for Reconsideration

Application: Plaintiffs' motion for reconsideration was denied as they failed to demonstrate that the District Court deviated from legal precedents.

Reasoning: After judgment, the plaintiffs filed for reconsideration, claiming the District Court deviated from legal precedents, but this motion was also denied.

Procedural Due Process Claim

Application: The court dismissed the procedural due process claim against defendant Luskin due to insufficient allegations of his connection to the Department of Justice, although the plaintiffs were initially granted time to amend this claim.

Reasoning: The court also dismissed the procedural due process claim against defendant Robert D. Luskin due to insufficient allegations regarding his connection to the Department of Justice but allowed for potential amendment of this claim.

Rule 59 and Rule 60 Motions

Application: The plaintiffs' reliance on Rule 59(a) was improper as no trial occurred, and their Rule 60 motion lacked merit, while the Rule 59(b) motion was untimely.

Reasoning: The plaintiffs improperly relied on Rule 59(a) for a new trial where no trial had occurred, and any motion under Rule 59(b) to alter or amend the judgment was untimely, having been filed more than ten days after judgment entry.