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Michael F. Cappette, M.D., On Behalf of Himself and Other Similarly Situated Persons v. Sage

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 14, 2013

MICHAEL F. CAPPETTE, M.D., ON BEHALF OF HIMSELF AND OTHER SIMILARLY SITUATED PERSONS, PLAINTIFF,
v.
SAGE, RUTTY AND COMPANY, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge Dated: Rochester, New York

DECISION AND ORDER

Plaintiff, Michael F. Cappette, M.D., brought this action against Sage, Rutty and Company, Inc. ("Sage Rutty") and three individuals who are principals or employees of Sage Rutty. Plaintiff asserted claims under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and New York law, seeking damages based on defendants' alleged failure to advise him of the risks associated with a certain investment.

Defendants moved to dismiss the complaint for failure to state a claim upon which relief can be granted. By letter to the Court dated January 8, 2013 (Dkt. #20), plaintiff's counsel states that plaintiff does not oppose defendants' motion. Accordingly, the motion to dismiss is granted, as set forth below.

CONCLUSION

Defendants' motion to dismiss the complaint (Dkt. #12) is granted. The first and second causes of action of the amended complaint (Dkt. #11), asserting claims under the RICO statute, are dismissed with prejudice. Plaintiff's third and fourth causes of action, asserting claims under New York law, are dismissed for lack of subject matter jurisdiction, without prejudice to their refiling in state court.

IT IS SO ORDERED.

20130114

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