Marston

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ACRES BONUSING, INC, et al., Case No. 3:19-cv-05418-WHO

Plaintiffs,

ORDER ON MOTIONS TO DISMISS

v. AND STRIKE

LESTER MARSTON, et al., Re: Dkt. Nos. 78, 79, 80 Defendants.

12 Plaintiffs James Acres and Acres Bonusing, Inc. (“ABI”) entered into a contract with the defendants—who are associated with Blue Lake Rancheria (“Blue Lake”), a federally recognized tribe—to provide a gaming platform for Blue Lake’s casino. The deal allegedly went south and some of the defendants brought suit against the plaintiffs in tribal court, represented by other defendants. Here, the plaintiffs allege that the defendants’ prosecution of the tribal suit and related actions renders them liable for misuse of process, breach of fiduciary duty, fraud, and racketeering activity. After a trip to the Ninth Circuit and back, most of the remaining defendants are lawyers and law firms who represented the tribe in its tribal suit. They move to dismiss primarily on…