Nugent
Nugent v. Saint Agnes Medical Center
Opinion
Lead Opinion
MEMORANDUM *
P. James Nugent, M.D. (“Dr.Nugent”), appeals the district court’s dismissal of his complaint. The district court dismissed his RICO count for failure to state a claim and declined to exercise jurisdiction over his supplemental state law claims. We affirm.
As the parties are familiar with the facts, we recite them only as necessary. *829 We review the dismissal of the RICO claim de novo. Howard v. America Online Inc., 208 F.3d 741, 746 (9th Cir.2000). To state a valid RICO claim, Dr. Nugent was required to allege “(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.” Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496 , 105 S.Ct. 3275 , 87 L.Ed.2d 346 (1985). The district court correctly dismissed the RICO claim because Dr. Nugent, at a minimum, failed to plead a pattern.
The pattern requirement was not satisfied because Dr. Nugent showed no “threat of continuing activity.” H.J., Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 239 , 109 S.Ct. 2893 , 106 L.Ed.2d 195 (1989) (citation and quotation omitted). Contrary to Dr. Nugent’s assertion, Defendants’ acts demonstrated no open-ended continuity, that is, “past conduct that by its…