Johnsen

Memorandum Opinion

This action is to recover monies paid for fractional interests in oil and gas leaseholds and “turnkey” drilling and operating contracts pursuant to the Securities Act of 1933 (“Securities Act”), 15 U.S.C. § 77a et seq., the Securities and Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78a et seq., and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. § 240 .10b-5; and treble damages, attorney’s fees and costs pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq.

BACKGROUND

On January 22, 1982, Judge Kelleher entered an “Order re Motion of Defendants to Dismiss and Strike.” Judge Kelleher dismissed several claims in the First Amended Complaint and gave plaintiffs 20 days to amend certain claims. Plaintiffs filed their motion for leave to file a second amended complaint and submitted a Proposed Second Amended Complaint on January 28, 1982. In addition to making the amendments authorized by Judge Kelleher, plaintiffs sought to include claims for treble damages, attorney’s fees and costs under RICO. The motion came before me on March 8, 1982. Having reviewed the Proposed Second Amended Complaint and…