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Orion Property Grp. LLC v. Hjelle

RICO Suit Over CEO's 'Administrative Fee' Stayed Pending Settlement in Action in Illinois

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MEMORANDUM & ORDER On December 29, 2017, plaintiff Orion Property Group, LLC (“Plaintiff”), on behalf of itself and all others similarly situated, commenced this putative nationwide civil Racketeering Influenced and Corrupt Organizations Act (“RICO”) class action against defendant Mark Hjelle (“Defendant”), chief executive officer of CSC ServiceWorks, Inc. (“CSC”), in the United States District Court for the District of Kansas, alleging that Defendant orchestrated a fraudulent plan to steal 9.75 percent of gross receipts each month from CSC customers, including Plaintiff. On January 3, 2019, this case was transferred to the United States District Court for the Eastern District of New York. (Transfer Order, D.E. 49.) Currently pending before the Court is Defendant’s motion to stay this action pending approval of settlement proceedings in a parallel action against CSC in 1050 West Columbia Condominium Association, et al. v. CSC ServiceWorks, Inc., No. 2019-CH-07319 (Circuit Court of Cook County, Illinois) (the “Illinois Action”). (Mot., D.E. 82; Vita Aff., D.E. 82-1, 3.) For the reasons set forth below, Defendant’s Motion is GRANTED. FACTUAL BACKGROUND¹ I. The Parties Defendant is a Maryland resident and an attorney who, on July 14, 2016, was appointed as CSC’s Chief Executive Officer. (Am. Compl., D.E. 4,

7-8, 35.) CSC is a Delaware corporation headquartered in Plainview, New York. (Am. Compl. 35.) CSC leases space from owners of multi-family residential and commercial apartment buildings and other entities to install, maintain, and operate coin-operated and/or card-operated laundry equipment at more than 80,000 locations across the country. (Am. Compl.

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