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Kuriyan v. Schreiber

Action Is Dismissed; RICO Claims Are Barred by Claim Preclusion, as Res Judicata

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OPINION AND ORDER Vikram Kuriyan (“Plaintiff”) asserts claims against Joel Schreiber (“Defendant”) under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1961 et seq. ECF No. 38 (the “Amended Complaint” or “Am. Compl.”)

90-111. Defendant has moved to dismiss the Amended Complaint under Federal Rule of Civil Procedure (“Rule”) 12(b)(1) and Rule 12(b)(6). ECF No. 45 (“Br.”). As explained below, the Court denies the motion under Rule 12(b)(1) but grants the motion under Rule 12(b)(6). BACKGROUND The Court accepts the factual allegations in the Amended Complaint as true and draws all reasonable inferences in Plaintiff’s favor. Palmer v. Amazon.com, Inc., 51 F.4th 491, 503 (2d Cir. 2022). The Court also takes judicial notice of “document[s] filed in another court to establish the fact of such litigation and related filings.” Rates Tech. Inc. v. Speakeasy, Inc., 685 F.3d 163, 166 n.3 (2d Cir. 2012) (ellipsis and citation omitted). I. The Five Loans Defendant is an investor, lender, and real-estate developer. Am. Compl.

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