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ROLFES v. MBNA AMERICA BANK N.A.

No. CIV.05-4099.

416 F.Supp.2d 745 (2005)

Rebecca ROLFES, an individual and all others similarly situated, Plaintiff, v. MBNA AMERICA BANK N.A., an Enterprise affecting interstate commerce; Clifton Rodenburg, an individual predicate actor in schemes violating federal laws providing that fraud and extortion are malum in se offenses; Donald W. Kallenberger, an individual predicate actor in schemes violating federal laws providing that fraud and extortion are malum in se offenses; Lee D. Anderson, an individual predicate actor in schemes violating federal laws providing that fraud and extortion are malum in se offenses, Defendants.

United States District Court, D. South Dakota, Southern Division.

October 31, 2005.

Attorney(s) appearing for the Case

Neil K. Fulton, May, Adam, Gerdes & Thompson, Brent A. Wilbur, May, Adam, Gerdes & Thompson, Pierre, SD, for Lee D. Anderson, Defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Pending before the Court are three Motions to Dismiss, does. 6, 11 and 12, filed by the individual defendants, Clifton Rodenburg ("Rodenburg"), Donald W. Kallenberger ("Kallenberger") and Lee D. Anderson ("Anderson"). In the alternative, Rodenburg and Kallenberger request an Order for a more definite statement. (Does. 6 and 12.) For the following reasons, the Complaint in this case will be dismissed.

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