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Davidson v. Grossman

August 14, 2007

ROBERT M. DAVIDSON, ET AL., PLAINTIFF,
v.
JAY GROSSMAN, ET AL., DEFENDANTS.



MEM ORANDUM AND ORDER

This case is before the Court on Plaintiffs Robert M. Davidson and Vanessa E. Komar's Motion to Alter or Amend Judgment ("Motion") [Doc. # 71]. For the reasons stated herein and in the Court's Memorandum and Order [Doc. # 69] entered July 5, 2007, the Motion is denied.

I. FACTUAL AND PROCEDURAL BACKGROUND

Robert M. Davidson and his wife, Vanessa E. Komar, filed this lawsuit pro se against Jay Grossman, Eudice Grossman, Gayle F. Petrillo, Charles W. Ott, Joanne C. Wray, Kent W. Thiry, Joseph C. Mello, Michael J. Meehan, Bruce R. Heurlin, Anthony P. Tartaglia, DVA, AMC, Vivra, Gambro, Davita, and Sepracor. Plaintiffs assert three counts of alleged RICO*fn1 violations and a variety of other state and federal claims, all stemming from Davidson's employment at a Vivra research facility in Tucson, Arizona.

The first lawsuit in which Plaintiff(s) asserted these claims against some of these Defendants was filed in the United States District Court for the District of Arizona, and was dismissed in November 2003. The dismissal was affirmed by the United States Court of Appeals for the Ninth Circuit. Plaintiffs' petition for a writ of certiorari to the United States Supreme Court was denied, as was Plaintiffs' petition for rehearing. The second lawsuit involving these same claims and some of the same Defendants was filed in the United States District Court for the Northern District of Texas. There, the Honorable Barbara Lynn, dismissed the lawsuit on January 5, 2007.

On February 2, 2007, Plaintiffs filed the same RICO claims against the current Defendants, some of whom were Defendants in Judge Lynn's case. Plaintiffs assert that venue in the Southern District of Texas is appropriate under either 28 U.S.C. § 1391(b)(2) or the special venue provision for RICO claims, 18 U.S.C. § 1965.

The Court dismissed this third lawsuit for improper venue. Venue was not proper under the general venue statute, 28 U.S.C. § 1391. Plaintiffs were unable to benefit from RICO's special venue provision, 18 U.S.C. § 1965, because Plaintiffs' RICO claims ...


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