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STAPLEY v. PESTALOZZI

Nos. 12-16145, 12-16146.

733 F.3d 804 (2013)

Donald T. STAPLEY, Jr.; Kathleen Stapley, Plaintiffs-Appellees, v. Peter R. PESTALOZZI; Lisa Aubuchon, Defendants, and Andrew Thomas; Ann Thomas, Defendants-Appellants. Donald T. Stapley, Jr.; Kathleen Stapley, Plaintiffs-Appellees, v. Andrew Thomas; Ann Thomas, Defendants, and Lisa Aubuchon; Peter R. Pestalozzi, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2013.

Attorney(s) appearing for the Case

Sarah Lynn Barnes (argued), Richard Edward Chambliss , and Donald Wilson, Jr. , Broening Oberg Woods & Wilson P.C., Phoenix, AZ; Douglas V. Drury (argued) and James P. Mueller , Mueller & Drury, P.C., Scottsdale, AZ, for Defendants-Appellants.

Larry Jay Wulkan (argued); Michael Charles Manning ; Stefan M. Palys , Stinson Morrison Hecker LLP, Phoenix, AZ; Merwin D. Grant , Kenneth Brent Vaughn , Grant & Vaughn P.C., Phoenix, AZ, for Plaintiffs-Appellees.

Before: WILLIAM A. FLETCHER, RONALD M. GOULD, and MORGAN CHRISTEN, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Former prosecutors Andrew Thomas and Lisa Aubuchon, and their spouses, ("Defendants") appeal the district court's partial denial of their motions to dismiss. Former Maricopa County Board of Supervisors member Donald T. Stapley, Jr. and his spouse ("Plaintiffs") allege that Defendants initiated a frivolous federal civil racketeering ("RICO") suit against Stapley to harass him. The suit was part of an ongoing "political...

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