Collins v. Polk

115 F.R.D. 326, 1987 U.S. Dist. LEXIS 3200
CourtDistrict Court, M.D. Louisiana
DecidedApril 16, 1987
DocketNo. 85-1165-B
StatusPublished
Cited by7 cases

This text of 115 F.R.D. 326 (Collins v. Polk) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Polk, 115 F.R.D. 326, 1987 U.S. Dist. LEXIS 3200 (M.D. La. 1987).

Opinion

POLOZOLA, District Judge.

The plaintiff, Francis A. Collins, has filed this suit pursuant to the Racketeer Influenced and Corrupt Organization Act (“RICO”, 18 U.S.C. § 1961 et seq.), certain security laws including section 10b-5, the blue sky laws of South Carolina and Louisiana, and various other state claims based on fraud and misrepresentation. Plaintiff alleges that the defendants, acting through an alleged scheme of misrepresentation and fraud, acquired plaintiff’s interest in two corporations without any consideration being given to the plaintiff. Two corporations are allegedly involved in this action: P.F.C., Inc. (“PFC”) and Stinger Boats (“Stinger”).

The following motions have been filed in this case: (1) James Fink, Deborah Fink, H.E. Avent, et al., Henry Avent, Mark Avent, W.J. Kinney, Brantley Burnett and John Lindsey, hereinafter referred to as the South Carolina defendants, filed a motion to sever the claims that relate to Stinger Boats and either dismiss or transfer these claims to South Carolina. These defendants have combined with their motion to sever a motion to dismiss for improper venue. (2) The South Carolina defendants have filed a motion to dismiss for abuse of process. In the alternative, these defendants seek to impound certain depositions which they contend were improperly obtained. (3) The defendants Herbert Polk, Judith Polk and Polk Chevrolet have filed motions to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure and for summary judgment.

The Court will discuss each of these motions separately.

1-2.

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Cite This Page — Counsel Stack

Bluebook (online)
115 F.R.D. 326, 1987 U.S. Dist. LEXIS 3200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-polk-lamd-1987.