Oh my, the ‘give me discovery and I can properly plead RICO’ argument… That’s almost an admission as to why the Court should grant a Judgment on the Pleadings.
Defense states that Plaintiffs did not meet heightened requirements for pleadings set in See Fed. R. Civ.P. 8; Bell Atlantic v. Twombly, 550 U.S. 544, 570 (2007);
Ashcroft v. Iqbal, 129 S.Ct. 1937, 1954, (2009). Twombly and Iqbal add a component of plausibility to the complaint, which is not present in the state court,
however the court should remember that
a. Plaintiffs filed the complaint in the state court, which has a lower threshold for pleadings
b. Plaintiffs have to overcome the enormous hurdle of stonewalling by multiple governmental officials and agencies due to Obama’s current position. Plaintiffs would need further discovery and court’s subpoena power in order to provide more details for RICO complaint. After a reasonable opportunity to conduct discovery Plaintiffs would be able to provide more specifics on RICO activity