Medallion Television Enterprises, Inc., John Ettlinger v. Selectv of California, Inc., James Levitus, Lionel Schaen, Richard Kulis

Medallion Television Enterprises, Inc. and its owner John Ettlinger (collectively, “Medallion”) appeal the district court’s grant of summary judgment in favor of SelecTV of California, Inc. and its officers and directors Lionel Schaen, James LeVi-tus, and Richard Kulis (collectively, “Se-lecTV”) in this civil suit under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1964 (c). Medallion contends that the district court erred in determining, as a matter of law, that the various allegedly fraudulent acts committed by SelecTV did not constitute a “pattern of racketeering activity” under RICO, 18 U.S.C. § 1961 (5). We affirm.

I

Medallion and SelecTV are in the business of broadcasting and distributing television programs. Both believed that a professional boxing match between Mu-hammed Ali and Trevor Berbick that was to be held in December 1981 in the Bahamas provided the opportunity for a potentially lucrative broadcasting venture. Ett-linger obtained from the match promoter the right of first refusal to acquire the broadcast rights to the fight. Shortly thereafter, Ettlinger spoke by telephone with Schaen, the president of SelecTV, and arranged a…