Exclusive USA Marketing Corp. v. USA Processing, Inc.

MEMORANDUM *

Exclusive USA Marketing Corporation (“Exclusive USA”) appeals the district court’s grant of Robert Cucinotta and Kar-im Maskatiya’s motion for summary judgment. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

*982 The district court granted summary judgment to Cucinotta and Maskatiya on Exclusive USA’s Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims. To prevail on its RICO claims, Exclusive USA would have to establish that Cucinotta and Maskatiya “engaged in (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity and, additionally, must establish that (5) the defendant caused injury to plaintiffs business or property.” Chaset v. Fleer/Skybox Int’l, LP, 300 F.3d 1083 , 1086 (9th Cir. 2002). The district court determined that Exclusive USA failed to raise a genuine issue of material fact that the alleged RICO violation caused Exclusive USA’s claimed damages. We agree.

Exclusive failed to point to any evidence-in either the briefs or papers opposing summary judgment-that, but for the alleged bribes, BA Merchant Services would have insisted on signing the Agreement for Electronic Payment Processing with USA…