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CHOIMBOL v. FAIRFIELD RESORTS, INC.

No. Civ.A. 2:05CV463.

428 F.Supp.2d 437 (2006)

Enkhbayar CHOIMBOL, et al, Plaintiff, v. FAIRFIELD RESORTS, INC., et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

March 2, 2006.

Attorney(s) appearing for the Case

Avery Tillinghast Waterman, Jr., Christiane Guenther Burrell, Patten Wornom Hatten & Diamonstein LC, Newport News, VA, for Plaintiff.

David Edward Constine, III, Troutman Sanders LLP, Richmond, VA, Kristina H. Vaquera, Troutman Sanders LLP, Virginia Beach, VA, Lisa Ann Bertini, Lisa A. Bertini PC, Shepherd D. Wainger, Stanley G. Barr, Jr., Kaufman & Canoles PC, Norfolk, VA, Michael L. Heikes, Heikes & Rugless PC, Williamsburg, VA, for Defendants.

MEMORANDUM OPINION & ORDER

JACKSON, District Judge.

Before the Court is Defendant Fairfield Resort's, Inc. ("Fairfield") Partial Motion to Dismiss Plaintiff's' Complaint under the Fair Labor Standard Act of 1938 ("FLSA"). Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Fairfield moves for dismissal of Count Two (Unjust Enrichment) and Count Four (Racketeer Influenced and Corrupt Organizations Act ("RICO") and RICO conspiracy...

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