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Document 112 (Main)

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Document 112 (Main) Document 112 (Main) Document Transcript

  • Case 9:11-cv-00072-SEH Document 112 Filed 11/30/11 Page 1 of 4Alexander (Zander) Blewett, IIIAnders BlewettHOYT & BLEWETT PLLC501 Second Avenue NorthP.O. Box 2807Great Falls, MT 59403-2807Phone: (406) 761-1960Fax: (406) 761-7186E-mail: zblewett@hoytandblewett.com ablewett@hoytandblewett.comLarry D. DruryLARRY D. DRURY, LTD.100 N. LaSalle Street, Ste. 1010Chicago, IL 60602Phone: (312) 346-7950Fax: (312) 346-5777E-mail: ldrurylaw@aol.comRobert A. LangendorfROBERT A. LANGENDORF, P.C.134 N. LaSalle Street, Ste. 1515Chicago, IL 60602Phone: (312) 782-5933Fax: (312) 371-1771E-mail: rlangendorf@comcast.netAttorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION * * * * * * * * * * * * * * * * * * * * *MICHELE REINHART, ) Cause No. CV-11-72-MDAN DONOVAN, and )DEBORAH NETTER, individually ) Judge: Sam E. Haddonand on behalf of all others similarly )situated, ) ) PLAINTIFFS’ MOTION TO FILE Plaintiffs, ) FOURTH AMENDED ) COMPLAINT PURSUANT TO v. ) RULE 15 F.R.Civ.P., and MOTION ) TO DROP AND ADD PARTIES,GREG MORTENSON, DAVID ) PURSUANT TO RULE 21OLIVER RELIN, PENGUIN ) F.R.CIV.P.GROUP (USA), INC., a Delaware )Corporation, and MC CONSULTING, )INC., a Montana Corporation, ) ) Defendants. ) * * * * * * * * * * * * * * * * * * * * *
  • Case 9:11-cv-00072-SEH Document 112 Filed 11/30/11 Page 2 of 4 COME NOW the Plaintiffs and move this Court for an order granting leave,pursuant to Rule 15, F.R.Civ.P., to file a Fourth Amended Complaint for ClassAction with Demand for Jury Trial and to drop Michele Reinhart as a partyPlaintiff and to add George and Susie Pfau as party Plaintiffs, pursuant to Rule 21,F.R.Civ.P. The purposes for which Plaintiffs move the Court for an order grantingleave to file the Fourth Amended Complaint are as follows: 1. To change the definition of the class to include those purchasers ofthe two books in the U.S., excluding Montana Federal Judges and their immediatefamily members. 2. To drop Plaintiff, Michele Reinhart, as a party Plaintiff and to addGeorge and Susie Pfau as party Plaintiffs. 3. Further investigation into this case has allowed Plaintiffs to discoverthey have claims against Greg Mortenson, David Oliver Relin (Relin), PenguinGroup (USA), Inc. (Penguin), Central Asia Institute (CAI) and MC Consulting,Inc. (MC), for RICO violations, pursuant to 18 U.S.C. § 1962(c) and (d). Counts Iand II of the Fourth Amended Complaint set forth these claims based on RICOviolations. This further investigation has reflected that CAI was a participant inthe enterprise which committed the RICO violations and that CAI should be aparty Defendant in this case, not for the original reason brought by Jean Price, adonor, but because of CAI’s involvement in the RICO violations as a member ofthe enterprise. The RICO violations create federal question jurisdiction for thisCourt, pursuant to 28 U.S.C. § 1331, in addition to federal question jurisdictionunder 28 U.S.C. § 1332(d), the class action federal question. Furthermore, theRICO claims, predicated on mail fraud and wire fraud, do not require that everypurchaser who is a member of the class specifically rely on the enterprise’s mailfraud and wire fraud. -2-
  • Case 9:11-cv-00072-SEH Document 112 Filed 11/30/11 Page 3 of 4 4. Further investigation has shown the involvement of CAI in Plaintiffs’fraud claim (Count V), deceit claim (Count VI), unjust enrichment claim (CountVII), accounting and injunctive relief claim (Count XI), and the class actionallegations (Count XII) and, therefore, it is necessary to add CAI as a partyDefendant in such Counts. Plaintiffs’ counsel requested all defense counsel to consent to the filing ofan amended complaint to change the definition of the class. This occurred inJudge Molloy’s courtroom on September 16, 2011. Counsel for all Defendantssteadfastly refused to so consent. Therefore, Plaintiffs have complied with L.R.7.1(c)(1). In addition, Plaintiffs’ counsel sent a copy of the proposed FourthAmended Complaint to Defendants’ counsel requesting their consent. They didnot consent, claiming they needed more time, even though they had alreadyrefused to consent earlier. In any event, time is of the essence in order toaccommodate Michele Reinhart’s decision to be dropped as a party Plaintiff and toadd George and Susie Pfau as replacement party Plaintiffs. Plaintiffs’ Fourth Amended Complaint for Class Action and Demand forJury Trial is attached hereto as Exhibit “A”. This Motion has been supported by abrief filed herewith. DATED this 30th day of November, 2011. HOYT & BLEWETT PLLC /s/ Alexander Blewett, III Alexander (Zander) Blewett, III Anders Blewett Attorneys for Plaintiffs//////// -3-
  • Case 9:11-cv-00072-SEH Document 112 Filed 11/30/11 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that, on this 30th day of November, 2011, a copy of theforegoing document was served on the following persons by the following means:1,2,3,4,5,6,7 CM/ECF Hand Delivery Mail Overnight Delivery Service Fax E-Mail1. Clerk, U.S. District Court 5. F. Matthew Ralph Dorsey & Whitney LLP2. John M. Kauffman Suite 1500, 50 S. Sixth Street Kasting, Kauffman & Mersen, P.C. Minneapolis, MN 55402-1498 716 S. 20th Avenue, Suite 1010 Attorneys for Def. Penguin Bozeman, MT 59718 Attorneys for Def. Mortenson 6. Charles E. Hansberry Elena J. Zlatnik3. Kevin C. Maclay Garlington, Lohn & Robinson, PLLP Todd E. Phillips P.O. Box 7909 Caplin & Drysdale, Chartered Missoula, MT 59807-7909 One Thomas Circle, NW, Ste. 1100 Attorneys for Def. David Oliver Relin Washington, D.C. 20005 Co-Counsel for Def. Mortenson 7. Sonia A. Montalbano Elliott, Ostrander & Preston, P.C.4. Jonathan M. Herman Union Bank of California Tower Dorsey & Whitney LLP 707 SW Washington St., Ste. 1500 51 West 52nd Street Portland, OR 97205 New York, NY 10019-6119 Attorneys for Def. David Oliver Relin Attorneys for Def. Penguin HOYT & BLEWETT PLLC /s/ Alexander Blewett, III Alexander (Zander) Blewett, III Anders Blewett Attorneys for Plaintiffs -4-