U.S. District Court Judge Kenneth Hoyt has dismissed a lawsuit claiming Harris County probate judges, a court coordinator, opposing litigants, opposing counsel, and others conspired to cheat the plaintiffs out of property due them from certain probate and trust estates.
The judge found the plaintiffsfailedtopleadaracketeering activitywithspecific facts as required by Fed. R. Civ. P., Rule 9(b). The court said, “the fact that the plaintiffs dispute theoutcomeofvariousmotionsdoesnotmeanthatroutinecommunicationsareactsof conspiracy or fraud... Simply filing papers with the Harris County Clerk or entering into an agreement to resolve disputes ... are not acts of fraudorconspiracy.”
The Court ruled there were no pleadings showing when, how and by whose acts or authority Harris County Probate Court One became an “association” as defined by RICO.
Laura Hedge was the lead attorney representing the Harris County defendants. The case is Sheshtawy v Conservative Club of Houston. Click here to view the order of dismissal.