MEMORANDUM OPINION & ORDER Plaintiffs are individuals and trusts who were pitched a deal: timeshare interests in a Manhattan building at a low annual cost, with readily available short-term reservations and the ability to sell back their timeshare interests at the original purchase price. Following their purchase of the timeshare interests, Plaintiffs found that the deal had been too good to be true, with high annual fees, significant difficulty in making reservations, and a $100 buy-back offer for their timeshare interests in exchange for forgiveness of any overdue annual fees. Riding on the back of an investigation by the New York Attorney General (the “NYAG”), Plaintiffs bring suit against Defendants for their operation and management of the timeshare interests, asserting 12 different claims under federal, New York, and Pennsylvania law. Plaintiffs’ federal claims arise under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), based on Plaintiffs’ contention that Defendants engaged in “fraudulent” conduct that amount to mail or wire fraud. But “fraudulent” does not mean any type of misconduct — and because Plaintiffs fail to specifically plead that Defendants engaged in any type of deception to cause injury to Plaintiffs, their RICO claims must fail. Accordingly, the Court finds that Plaintiffs have failed to state a plausible claim for relief under RICO and GRANTS Defendants’ motions to dismiss. The Court also declines to exercise supplemental jurisdiction over the remaining state law claims and dismisses all of Plaintiffs’ claims. I. BACKGROUND A. Facts1 The Manhattan Club Association, Inc. (“TMC”) is a not-for-profit organization that operates and sells interests in timeshares located at 200 West 56th Street, New York, NY. Dkt. No. 111 1 & n.1 (“Second Amended Complaint” or “SAC”); Dkt. No. 111-6 at ECF p. 1 (“Assurance of Discontinuance” or “AOD”). TMC is not a Defendant in this case. 1. The Parties Plaintiffs are 222 individuals and trusts who purchased timeshare interests in TMC.2 SAC
14-161. Defendants are Ian Bruce Eichner, Leslie H. Eichner, Stuart P. Eichner (together, the “Individual Eichner Defendants”), Scott L. Lager, T. Park Central LLC (“T. Park”), O. Park Central LLC (“O. Park”), Park Central Management, LLC (“Park Central”), Manhattan Club Marketing Group LLC (“Marketing”), New York Urban Ownership Management, LLC (“Urban”) (together, with the Individual Eichner Defendants, the “Eichner Defendants”), and BlueGreen Vacations Unlimited, Inc. (“BlueGreen”). Plaintiffs allege that TMC is an enterprise — through which Defendants perpetrated their alleged racketeering activities — for the purposes of Plaintiffs’ RICO claims. Id. 292. Defendants T. Park, O. Park, Park Central, Marketing, and Urban are New York limited liability companies with principal offices in New York, New York. Id.
