Burford, et al. v. Cargill, Inc., No: 05-0283, 2011 U.S. Dist. LEXIS 106818 (D. W.D. La. Sept. 20, 2011)

(motion to dismiss plaintiffs’ Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims under Fed. Rules of Civ. Pro. 12(b)(6) and 9(b) by defendant; court denied motion; plaintiffs were dairy farmers who purchased pelletized feed for dairy cows or heifers from Cargill from Jan. 1, 2001, through present; plaintiffs alleged that, after initial sale, defendant changed composition of feed to maximize corporate profits without regard to nutritional needs of cows and without notice to farmers; plaintiffs alleged damaged to cows, loss of milk production, impaired reproduction, increased mortality, etc.; plaintiff's also alleged that the defendant engaged in a pattern of racketeering activity including regular and repeated use of mail system to collect payments from dairy farmers who were victim of scheme; defendant's motion to dismiss RICO and fraud claim denied; plaintiffs adequately plead identity of an enterprise distinct from defendant, qualifying association-in-fact, proximate causation and witness intimidation).