Rodriquez

ORDER: (1) VACATING PREVIOUS ORDER OF MAY 14, 1999 PUBLISHED AT 52 F.Supp.2d 1183 NUNC PRO TUNC; (2) DISMISSING PLAINTIFFS’ RICO CLAIM WITHOUT LEAVE TO AMEND; and (3) DISMISSING WITHOUT PREJUDICE ALL PENDENT CLAIMS

INTRODUCTION

Plaintiffs herein, alleged residents of New York and California, 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 New York and Delaware. 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. The Court, having heard oral argument by counsel and being fully advised in the premises, now therefore issues the following…