- Ag Docket
(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).
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