Schwartz
Schwartz v. Upper Deck Co.
Opinion
Opinion
Brewster, J.
ORDER: (1) VACATING PREVIOUS ORDERS OF JUNE 5, 1997, PUBLISHED AT 967 F.Supp. 405 and MARCH 11, 1997, PUBLISHED AT 956 F.Supp. 1552 NUNC PRO TUNC; (2) DISMISSING RICO CLAIM WITHOUT LEAVE TO AMEND; and (3) DISMISSING ALL STATE LAW CLAIMS WITH LEAVE TO AMEND
INTRODUCTION
Plaintiffs herein, alleged residents of New York and New Jersey, claim to be purchasers, or the guardian ad litem of purchasers, of trading cards. Plaintiffs allege that they purchased trading cards in the hope of winning “chase” cards, redeemable in bonus cash prizes. Defendant is an alleged resident of California. On April 18, 2000, this Court ordered Plaintiffs to show cause as to why the claim brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 , should not be dismissed for lack of standing under § 1964(c) of RICO. The hearing for this Court’s Order to Show Cause (“OSC”) was held on June 7, 2000 with counsel for all parties present.
The Court re-reviewed all pleadings, motions, and briefs heretofore filed as well as all briefs filed in response to the OSC. All parties appeared by counsel. The Court, having heard oral argument by counsel and being fully advised…