IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
James R. Blackston
Bradley W. Barber
PLAINTIFFS,
vs. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Case No. 99-A-295-N
State of Alabama, et. al.;
Circuit Judge Richard Dorrough,
Frank Gregory,
Bob Maddox,
DEFENDANTS.
ORDER
Upon consideration of the Plaintiffs' Amendment #2 to the Verified Complaint, filed on February 29, 2000, the court finds that a portion of Amendment #2 to the Verified Complaint is due to be stricken.
In the Memorandum Opinion and Order entered in this case on February 16, 2000, this court ordered that, "The Plaintiffs are given until March 1, 2000 to more specifically plead a claim under RICO, should they choose to do so." See Memorandum Opinion and Order, page 9.
In Amendment #2 to the Verified Complaint, the Plaintiffs purport to include Peggy D. Walker as a party defendant. Peggy D. Walker has not previously been named a defendant in this case. In Amendment #2 to the Verified Complaint, the Plaintiffs also allege a violation of 18 U.S.C. §1513(a)(1) against Peggy Walker, a claim which was not previously stated in the Plaintiffs' Verified Complaint or the first amendment to the Verified Complaint. These portions of Amendment #2 to the Verified Complaint exceed the scope of this court's February 16, 2000 Order. This court's Order allowed the Plaintiffs to more specifically plead their RICO claims, not to bring in additional parties or to bring additional claims.
Accordingly, it is hereby ORDERED that the portions of Plaintiffs' Amendment #2 to the Verified Complaint which name Peggy D. Walker as a party defendant and which allege any claim against Peggy D. Walker are STRICKEN from Amendment #2 to the Verified Complaint. Factual allegations which mention Peggy D. Walker will remain in Amendment #2 to the Verified Complaint to the extent that they are relevant to the Plaintiffs' RICO claims as against defendants who were originally named in the Verified Complaint.(1)
Done this 2st day of March, 2000.
W. Harold Albritton
CHIEF UNITED STATES DISTRICT JUDGE
1. No question as to the sufficiency of pleading as to the RICO claim is presently before the court.
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