1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------X CHI Y. LEUNG, Plaintiff, MEMORANDUM & ORDER - against - 04-CV-0568 (NGG) WING T. LAW, TZE N. CHAN, LAI M. WONG CHAN, MEI C. LAW, SU CHAN, PUI WONG and LINDA LEE NG, Defendants. --------------------------------------------------------X GARAUFIS, United States District Judge. The defendants in the above-captioned action have moved, pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the claims filed against them under the civil provision of the Racketeering Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1964, with prejudice, and to dismiss plaintiff Chi Y. Leung’s (“Leung”) state law claims, without prejudice, pursuant to Fed. R. Civ. P. 12(b)(1). For the reasons set forth below, Leung’s RICO claims are dismissed with prejudice because Leung lacks standing to sue under 18 U.S.C. § 1964(c) and has failed to adequately plead that the defendants engaged in a pattern of racketeering activities. Leung’s various state law claims are also dismissed without prejudice, as this court declines to further exercise pendent jurisdiction over these allegations following the dismissal of Leung’s federal claims. I. BACKGROUND Leung and defendants Wing T. Law (“Law”) and Tze N. Chan (“Chan”) are longtime business partners who formed SDJ Trading Inc. (“SDJ” or “SDJ Trading”), a New York Case 1:04-cv-00568-NGG-KAM Document 54 Filed 06/09/05 Page 1 of 31 PageID #: <pageID>
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