Volckmann

OPINION AND ORDER

This securities fraud case is currently before the Court on various defendants’ motions to dismiss and to strike portions of the third amended complaint. Most of the issues have been disposed of orally; all that remains are the motions to dismiss the counts under the Racketeer Influenced and Corrupt Organizations Act (RICO). Specifically, defendants contend that the complaint fails to plead a sufficient “pattern of racketeering activity” and that rescission is unavailable as a remedy under RICO. For the reasons set forth below, the motions to dismiss the RICO counts are denied and the motions to strike the prayer for rescission under RICO are granted.

I

This case involves alleged misrepresentations and material omissions in connection with the sale of oil and gas limited partnership interests. Plaintiffs, who are fifteen individuals, two husband-and-wife couples, one set of trustees, and one limited partnership, purchased shares in two limited partnerships called Exco-II and Exco-III. Ten plaintiffs paid a total of $1,350,000 for units in Exco-II and seventeen plaintiffs paid a total of $2,100,000 for units in ExcoIII, for a grand total of $3,450,000 for units…