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Perretti, Jr., Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for Appellees Cravath, Swaine & Moore and David G.
Boyle, Kelley, Drye & Warren, Parsippany, NJ, for Appellee Greyhound Financial Corporation. Schiavone, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, Short Hills, NJ, for Appellee Federal National Mortgage Association. Edwards, Davis, Scott, Weber & Edwards, New York, NY, for Appellees David F.
Ormsby; Federal Deposit Insurance Corporation, in its capacity as Receiver of Southeast Bank, NA; Painewebber Incorporated; Merrill Lynch, Pierce, Fenner & Smith, Inc.; The Prudential Insurance Company of America; National Bank of Canada; Citicorp Real Estate, Inc.; First National Bank of Boston; Federal National Mortgage Association; Federal Home Loan Mortgage Corporation; Chase Federal Bank, FSB; Citizensand Southern Trust Company (Florida), NA; Regions Bank of Louisiana, as Successor to Secor Bank, FSB; Oxford First Corp.; The Oxford Finance Companies, Inc.; Lasalle Business Credit, Inc.; as Successor to Stanchart Business Credit, Inc.; Harbor Federal Savings and Loan Association; Greyhound Financial Corporation; Lloyds Bank PLC; and John Does 1-10. William Tenerelli, and Roseanne Tenerelli, and proposed intervenor plaintiffs Dominick J.
Capezza; Estrelita Capezza; Jacques Cormier; Anite Cormier; Steven Kalinowski; Bernard Kalinowski; Charles R. Dodyk, Cravath, Swaine & Moore, New York, NY, for Appellees Am Base; City Investing Company Liquidating Trust; Carteret Bancorp Inc.; George T.
City Investing was a holding company with unites engaged in insurance, manufacturing, housing, real estate and community development.
Capezza, Estrelita Capezza, Jacques Cromier, Anite Cormier, Steven Kalinowski, Bernard Kalinowski, Charles R. 90-cv-04420) Argued September 16, 1996 Before: BECKER, NYGAARD and ROTH, Circuit Judges (Opinion Filed August 31, 1998) Herbert I. The primary defendants are City Trust, George Scharffenberger, Marshall Manley, Edwin Hatch, Eben Pyne, David F. The plaintiffs allege that the actions of the secondary defendants are also in violation of RICO. Procedural History Plaintiffs filed their original complaint on August 8, 1989, in the United States District Court for the District of New Jersey against GDC and its subsidiary, GDV, asserting claims under RICO, S 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, the Land Sales Act, various state RICO statutes, and breach of fiduciary obligations. Before plaintiffs filed their amended complaint, on April 16, 1990, the case was administratively terminated because GDC had filed a petition for bankruptcy under Chapter 11. The court dismissed the plaintiffs' complaint without granting leave to file a further amended complaint. Their Petition requested this Court to reconsider its jurisprudence on the person/enterprise distinction, which was applied to claims brought under RICO. While plaintiffs' Petition was pending, another panel of this Court decided Jaguar Cars, Inc. This holding endorsed the position taken by plaintiffs in their Petition for Rehearing. On August 24, 1995, the district court once again dismissed this case in its entirety, holding all other grounds for dismissing plaintiffs' claims were unaffected by Jaguar Cars. On November 1, 1995, plaintiffs filed their notice of appeal from the district court's decisions dismissing the complaint and denying post- judgment relief pursuant to Rule 60(b). S 1291, as the appeal arises from a final decision of the district court dismissing all of the remaining claims of the First Amended Complaint, dismissing plaintiffs' motion for leave to serve a Second Amended Complaint, and denying plaintiffs' motion, pursuant to Rule 60(b), for leave to serve a further amended complaint. S 1331 and exercised pendent jurisdiction over their state claims. Under these circumstances, we conclude that the actions of the district court are consistent with this Court's mandate. 1994), affirming the district court's refusal to grant leave to amend, we reasoned: . Plaintiffs have already had ample opportunity to plead their allegations properly and completely. Finally, in our Judgment Order of November 8, 1994, which was later vacated, we ruled that the district court had not erred in denying plaintiffs leave to amend.
Panellino, and Clarisse Panellino, Appellants in 95-5768 proposed intervenor plaintiffs Dominick J. Capezza; Estrelita Capezza; Jacques Cormier; Anite Cormier; Steven Kalinowski; Bernard Kalinowski; Charles R. The primary defendants are those defendants who, plaintiffs allege, participated in the operation and management of the affairs of GDC through a pattern of racketeering activity. All of the remaining defendants are categorized as secondary defendants, who, it is alleged, aided and abetted the pattern of racketeering activity devised and controlled by the primary defendants. Plaintiffs were given 120 days in which to file a second amended complaint. The dismissal of all of plaintiffs' claims rendered the Motion for Class Certification moot. On November 18, 1994, plaintiffs filed a Petition for Rehearing and Suggestion for Rehearing In Banc. 1984) (concluding that defendant corporation could not be liable under S 1962 in that "the `person' subject to liability cannot be the same entity as the `enterprise' "). 1995), holding that under RICO, officers or employees "may properly be held liable as persons managing the affairs of their corporation as an enterprise." 46 F.3d at 261. By letter dated June 8, 1995, the district court adjourned the Motion for leave to serve an amended complaint until the court had completed the reconsideration mandated by this Court. Following oral argument on the motion, on October 23, 1995, the district court ruled from the bench, denying relief pursuant to Rule 60(b). 23, 1995) (transcript of hearing denying plaintiffs' Rule 60(b) motion). Rather [plaintiff] is modifying the allegations in hopes of remedying factual deficiencies in its prior pleadings, even to the point of contradicting its prior pleadings. Plaintiffs have not only had the opportunity to file an amended complaint, but the district court also accepted certain allegations contained in their response to defendants' motion to dismiss as a Second Amended Complaint.
O'Brien, Delany & O'Brien, Voorhees, NJ, for Appellants Jose Rolo; Rosa Rolo; William Tenerelli; Roseanne Tenerelli; Dominick J. Eakeley (Argued), Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, Paul M.
Heimlich (Argued), Deutsch & Frey, New York, NY, William J.