Perry v. Laidlaw Transit Services, Inc.
Docket: No. 06-55788
Court: Court of Appeals for the Ninth Circuit; June 14, 2007; Federal Appellate Court
Kevin Perry appeals the dismissal of his action against Laidlaw Transit Services, Inc. and First Transit, Inc. for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). The court has jurisdiction under 28 U.S.C. 1291 and reviews the dismissal de novo, while the denial of leave to amend is reviewed for abuse of discretion. The district court's dismissal was affirmed as Perry failed to allege facts of unlawful debt collection or a pattern of racketeering activity as required under RICO. Furthermore, the denial of Perry's motion for leave to amend was not an abuse of discretion because he did not provide new facts to support his proposed Second Amended Complaint. The court reinforced that a district court does not abuse its discretion in denying an amendment when the movant fails to present new information and does not adequately explain previous deficiencies. After dismissing Perry's federal claims, the court also declined to exercise supplemental jurisdiction over his state law claims. The request for judicial notice by the appellees was denied as moot. The judgment was affirmed, and the disposition is not suitable for publication and does not set a precedent.