Bright Kids NYC Inc. v. Kelly
- Jesse Furman
- 1:19-cv-01175
- U.S. District Court · Southern District of New York
- 2
In Bright Kids NYC Inc. v. Kelly, Judge Furman ordered Bright Kids and Alina Adams to file briefs about whether a racketeering claim alleges ongoing conduct.
Bright Kids NYC Inc. and Alina Adams, who were ordered to submit supplemental memoranda; the order concerns the pending RICO claim.
What happened
Bright Kids NYC Inc. v. Kelly concerns whether Bright Kids’s allegations satisfy the continuity requirement for a civil racketeering claim under federal law.
The court ordered Bright Kids and Defendant Alina Adams to submit supplemental legal memoranda of no more than five pages each by March 2, 2020. The order did not decide whether the allegations satisfy that requirement or resolve the claim.
Judge Jesse M. Furman issued the order on February 20, 2020.
The detailed version
- Bright Kids NYC Inc. v. Kelly · No. 1:19-cv-01175
- Jesse Furman
- Feb. 20, 2020
Background
The order addresses the continuity element of a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(c). The opinion does not set out the underlying allegations in detail.
Order
The court ordered Plaintiff Bright Kids NYC Inc. and Defendant Alina Adams to file supplemental memoranda of law by March 2, 2020. Each memorandum could not exceed five pages. The memoranda were required to address whether Bright Kids’s allegations satisfy RICO’s continuity element.
The order cited decisions discussing whether schemes involving a narrow purpose, few participants, or a single victim establish the required continuity. It also cited decisions finding continuity where alleged trade-secret misuse was continuing. The court did not resolve that legal question in this order, and it did not state a disposition of the RICO claim.
Effect
This was a briefing order requiring additional submissions from Bright Kids and Alina Adams. It did not grant or deny a motion, dismiss a claim, or enter judgment. Judge Jesse M. Furman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.