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May 29, 2009
SUBURBAN BUICK, INC., PLAINTIFF,v.JERRY GARGO, GAIL A. GARGO, NICHOLAS G. GARGO, DANIEL J. GARGO CHARLES N. OWEN, INDIVIDUALLY AND AS PRESIDENT OF CHUCK OWEN AUTO BODY, INC., DAVID C. MORMON, INDIVIDUALLY AND AS PRESIDENT OF DAVE'S AUTO BODY, GREG S. MELVIN, KATHERINE POLLACK, ROSEMARY YOUNG, GARGO CUSTOM HOMES, AND GO SERVICE DEFENDANTS.
Judge Robert W. Gettleman
Plaintiff Suburban Buick, Inc. has brought a six-count complaint against defendants Jerry D. Gargo ("J. Gargo"); his wife, Gail A. Gargo ("G. Gargo"); their sons, Nicholas G. ("N. Gargo") and Daniel J. Gargo ("D. Gargo" and together with N. Gargo, "the Gargo Sons"); Charles N. Owen ("Owen"); Owen's company, Chuck Owen Auto Body, Inc. ("COAB"); David C. Mormon ("Mormon"); Mormon's company, Dave's Auto Body; Greg S. Melvin ("Melvin"); Katherine Pollack ("Pollack"); Rosemary Young ("Young"); and two companies started by Jerry Gargo, Gargo Custom Homes and GO Service.*fn1 Plaintiff originally filed a verified complaint on January 17, 2008. On July 30, 2008, plaintiff sought and was granted leave of the court to file a first amended verified complaint. The first amended complaint (the "complaint") was filed on August 29, 2008.
The complaint: alleges violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1964, based on wire fraud (Count I), mail fraud (Count II), and money laundering (Count III); seeks injunctive relief to restrict defendants from disposing or selling certain assets (Count IV); and asserts claims for conversion (Count V) and civil conspiracy (Count VI). All of the counts are based on alleged intentional fraudulent conduct by defendants. The Court's jurisdiction is invoked pursuant to 18 U.S.C. § 1964 and 28 U.S.C. § 1331.
Several of the defendants have filed motions to dismiss the first amended verified complaint pursuant to Fed. R. Civ. P. 9(b) for failure to plead allegations of fraud with particularity, and Rule 12(b)(6) for failure to state a claim upon which relief may be granted. For the reasons explained below, the motions are granted in part and denied in part.
The complaint alleges that the various defendants conspired to defraud Suburban Buick, a General Motors car dealership located in Wheaton, Illinois, of money and the honest value of its employees' services, with defendant Jerry Gargo serving as the central figure in all branches of the conspiracy. Jerry Gargo was a manager and/or officer of Suburban Buick. Nicholas and Daniel Gargo were unauthorized employees of Suburban Buick, hired by their father, Jerry Gargo. Daniel Gargo was a manager of Suburban Buick. Charles Owen is the owner and principal operator of Chuck Owen Auto Body, Inc., a company that he allegedly used in furtherance of the purported conspiracy. David Mormon owns and operates Dave's Auto Body, another defendant, which was also allegedly used in furtherance of the purported conspiracy.
Mormon was previously a Suburban Buick employee. Greg Melvin served as the parts department manager of Suburban Buick. Katherine Pollack was Suburban Buick's office manager and treasurer and Rosemary Young was her assistant. Gargo Custom Homes is an entity through which the owners, Defendants Jerry and his wife, Gail Gargo, allegedly invested funds defrauded from Suburban Buick. GO Services is an entity that was allegedly organized by Jerry Gargo to facilitate the conspiracy.
Plaintiff alleges that defendants conspired to engage in a pattern of racketeering activity by operating three kinds of scams through Suburban Buick; the defendant entities, Chuck Owen Auto Body, Dave's Auto Body, GO Services; and a non-party, Auto Service South, with J. Gargo functioning as the central figure in the conspiracy. The alleged scams are: (1) an auto body repair scam, (2) an auto parts scam, and (3) an unauthorized pay and salary scam.
Auto Body Repair Scam
With respect to the auto body repair scam, plaintiff alleges that defendants J. Gargo and Owen entered into an illegal agreement to defraud Suburban Buick of funds by falsifying work orders. To accomplish this task, J. Gargo and Owen created false work orders for General Motors vehicles still under warranty. The work orders identified vehicles for which repair work was neither necessary nor actually obtained. The "repair work" was outsourced to Owen's company, Chuck Owen Auto Body. Owen would then create a repair order on his company's letterhead and mail the order to Suburban Buick for payment. Ultimately, Owen received payment from Suburban Buick based upon these invoices.*fn2 Plaintiff alleges that Owen sent a pre-determined amount of money (about fifty percent) from these payments to GO Service, a company owned by J. Gargo. J. Gargo and Owen purportedly met on a monthly basis in furtherance of this scam.
Auto Parts Scam
With respect to the auto parts scam, plaintiff alleges that defendants Greg Melvin and J. Gargo converted auto parts acquired with Suburban Buick funds. Specifically, plaintiff alleges that Melvin, J. Gargo, and Owen operated a scheme whereby Owen would purchase auto parts from Suburban Buick through J. Gargo and Melvin at fifty percent of Suburban Buick's cost for the part. In furtherance of the scheme, Owen would telephone J. Gargo with a request for a specific auto part. J. Gargo redirected all such calls to Melvin, who, as parts department manager, would order the requested part using Suburban Buick's funds. Upon receipt of the parts, Melvin removed them from Suburban Buick's inventory and manipulated inventory records to conceal their theft. Melvin, together with J. Gargo, then sold the parts to Owen and split the proceeds from these sales. Owen then sold the parts, which he knew to be stolen goods, to his customers at full retail price, thus enriching himself. Plaintiff also alleges that Melvin and J. Gargo sold David Mormon, a former Suburban Buick mechanic, transmissions for less than the amount Suburban Buick would usually charge its retail customers.*fn3
Unauthorized Pay and Salary Scam
Plaintiff alleges that defendants J. Gargo, the Gargo Sons, Greg Melvin, Pollack, and Young conspired to defraud Suburban Buick through an unauthorized pay and salary scheme.
Specifically, plaintiff alleges that defendants J. Gargo (as general manager), Pollack (as office manager and treasurer), and Young (as Pollack's assistant) used their authority and positions to provide unauthorized pay increases and other compensation to themselves, the Gargo Sons, and Melvin, without approval of Suburban Buick's board of directors. Jerry Gargo, Pollack, and Young had the authority to act as signatories on Suburban Buick's checks. Under Suburban Buick's policy, all three were signatories on direct deposit payroll checks. The complaint identifies at least ten occasions on which defendants gave and/or received unauthorized compensation from the fall of 2003 through the summer of 2004. Plaintiff also alleges that J. Gargo hired his sons, Daniel and Nicholas, without plaintiff's authorization.
Defendants, Greg Melvin, Charles Owen, and COAB have moved to dismiss under Rules 9(b) and 12(b)(6), arguing that the complaint: 1) fails to allege with particularity defendants' misconduct in Counts I (RICO Wire Fraud), II (RICO Mail Fraud), III (RICO Money Laundering), V (Conversion), and VI (Civil Conspiracy); 2) fails to allege with particularity that Suburban Bank is the defrauded and damaged party in Counts I, II, III, V, and VI; 3) fails to satisfy the elements for a RICO claim and, thus, fails to state a claim upon which relief can be granted in Counts I, II, and III; and 4) fails to state a claim for injunctive relief in Count IV. For the reasons discussed below, their motions are granted.
Defendants, J. Gargo, G. Gargo, and the Gargo Sons broadly seek dismissal on Rule 9(b) and 12(b)(6) grounds. G. Gargo and the Gargo Sons note that the complaint fails to allege any wrongdoing on their part with particularity. For the reasons discussed below, the court agrees and these motions are granted.
Defendants Pollack and Young seek 12(b)(6) dismissal of all counts on grounds that the allegations are "unclear," "contradictory and patently false" in comparison to police reports they attach to their motion to dismiss.*fn4 They also argue that plaintiff fails to allege that they actively participated in or had the requisite knowledge about the alleged fraudulent schemes; they simply performed their duties as Suburban Buick employees. For the reasons discussed below, the court denies Pollack and Young's joint motion to dismiss.
The purpose of a motion to dismiss is to test the sufficiency of the complaint, not to decide the merits. Gibson v. Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). Federal notice pleading requires only that the plaintiff "set out in her complaint a short and plain statement of the claim that will provide the defendant with fair notice of the claim." Scott v. City of Chicago, 195 F.3d 950, 951 (7th Cir. 1999). When ruling on a motion to dismiss, the court must accept all factual allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. Szumny v. Am. Gen. Fin., Inc., 246 F.3d 1065, 1067 (7th Cir. 2001). Further, the court will not consider the documents or other materials beyond those attached to or referred by the complaint itself. See Fed. R. Civ. P. 12(d); see also Scibetta v. Rehtmeyer, Inc., No. 04C5246, 2005 WL 331559, at *1-*2 (N.D. Ill. Feb. 9, 2005) (considering contracts attached to the plaintiff's complaint, but not exhibits attached to a motion to dismiss) (citing Wright v. Assoc. Ins. Cos., 29 F.3d 1244, 1248 (7th Cir. 1994)). To survive a Rule 12(b)(6) motion, a plaintiff need not provide detailed factual allegations, but must provide "more than labels and conclusions, and a formulaic recitation of the elements of the cause of action." Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007). "Factual allegations must be enough to raise a right to relief above the speculative level." Id. at 1965.
Allegations of fraud are subject to a heightened pleading standard. Fed. R. Civ. P. 9(b). Fraud must be pled with particularity, which means the complaint must allege the "who, what, when, where and how" of the fraud. DiLeo v. Ernst & Young, 901 F.2d 624, 627 (7th Cir. 1990). At the motion to dismiss stage, Rule 9(b) requires only that the plaintiff identify the alleged misrepresentations, not actually prove that the statement was false. See Bankers Trust Co. v. Old Republic Ins., Co., 959 F.2d 677, 683 (7th Cir. 1992). This standard also applies to allegations of predicate acts of fraud in the RICO context. See Slaney v. Int'l. Amateur Athletic Fed'n, 244 F.3d 580, 597-99 (7th Cir. 2001); Haroco, Inc. v. Am. Natl. Bank and Trust Co., 747 F.2d 384, 405 (7th Cir. 1984) (finding that the plaintiff adequately specified the transactions, the false representations, and the identities of those involved). The pleadings must be specific enough to put defendants on notice of the conduct alleged.
In the instant case, the court finds that plaintiff has failed to allege with particularity a grand scheme to defraud Suburban Buick. The complaint identifies six entities as RICO enterprises under 18 U.S.C. § 1961(4), but plaintiff has failed to identify which enterprises were used by which defendants to conduct which predicate acts in violation of the RICO statute. See Appraisers Coalition v. Appraisal Inst., No. 93C913, 1993 WL 326671, at *7 (N.D. Ill. Aug. 18, 1993) (noting the importance of linking each identified enterprise with at least one predicate act).
Further, plaintiff fails to identify to which defendant(s) each of the six counts applies. In sum, plaintiff's allegations are insufficient to put the defendants on notice of the alleged conduct.
Defendant J. Gargo moves to dismiss the complaint on the following four grounds: 1) plaintiff's failure to allege that it was defrauded and damaged by defendants; 2) the complaint's liberal use of "Defendants Gargo" and "Gargo" lacks specificity as to each defendant's conduct and as to the application of each count to each defendant; 3) the lack of specificity concerning each defendant's management of an enterprise; and 4) plaintiff's Count IV, for an injunction, is an improper means of seeking injunctive relief. The court agrees that plaintiff's allegations are insufficient.
The court agrees that the complaint lacks the specificity required under Fed. R. Civ. P. 9(b) for RICO violations and other fraud claims. "[I]n a case involving multiple defendants.'the complaint should inform each defendant of the nature of his alleged participation in the fraud.'" Vicom, Inc. v. Harbridge Merchant Servs., Inc., 20 F.3d 771, 778 (7th Cir. 1994) (quoting DiVittorio v. Equidyne Extractive Indus., Inc., 822 F.2d 1242, 1247 (2d Cir. 1987)). The complaint should not lump multiple defendants together, but should "inform each defendant of the specific fraudulent acts that constitute the basis of the action against the particular defendant." Id. at 778 (quoting Balabanos v. North Am. Inv. Group, Ltd., 708 F. Supp. 1488, 1493 (N.D. Ill. 1988)). As defendant J. Gargo duly notes, the amended complaint is replete with references to "Defendants Gargo" and "Gargo" when discussing the conduct of, and counts alleged against, each of the four Gargo defendants. The amended complaint also contains many broad references to "Defendants". This style of pleading is wholly inadequate to put defendants on notice of the conduct alleged.
The complaint is also deficient because plaintiff fails to identify which defendants were managing the affairs of which enterprise. The complaint exhibits a kitchen-sink style of pleading, which has resulted in a very confusing, imprecise, and muddied set of allegations and counts against defendants. The complaint identifies six entities that qualify as enterprises under 18 U.S.C. § 1961(4). The plaintiff also refers to an "Enterprise" with a capital "E" as in, "The Defendants.infiltrated the enterprise and conspired to use the Enterprise to facilitate the conspiracy[.]" This use of "Enterprise" suggests the existence of another sort of enterprise, in addition to the six identified. Perhaps plaintiff has attempted to allege an association-in-fact enterprise, consisting of the various defendants. However, plaintiff has fallen far short of pleading an association-in-fact enterprise.
This lack of clarity is fatal to plaintiff's claims. RICO claims under 18 U.S.C. 1962(c) require a showing that each defendant directly or indirectly conducted or participated in an enterprise's affairs through a pattern of racketeering activity. The complaint fails to allege specifically which enterprise's affairs each defendant conducted through a pattern of racketeering activity. The complaint strongly suggests that Suburban Buick is one such enterprise, but the complaint is vague as to whether the allegations apply to the conduct of any other identified enterprise and/or an association-in-fact enterprise.
Further, under 18 U.S.C. 1961(1), racketeering activity includes the predicate acts of wire fraud, mail fraud, and money laundering. Plaintiff has alleged three separate counts against the "Defendants" for each of these predicate acts, but entirely fails to identify which defendant is being accused of engaging in any of these predicate acts.
Finally, the court agrees that plaintiff's attempt to seek injunctive relief at this stage is improper. The complaint, on its face, is unclear as to whether plaintiff is seeking pre-judgment or post-judgment injunctive relief. To the extent that the complaint is seeking pre-judgment relief, the court refers the parties to its March 27, 2008, Order in which it denied plaintiff's motion for a preliminary injunction (Dkt. 76). To the extent that plaintiff is seeking post-judgment relief, it is premature. Plaintiff has brought its claim for injunctive relief under 18 U.S.C. § 1964, which specifies remedies available for RICO violations. The court has jurisdiction "to prevent and restrain [RICO] violations" under section 1964(a). Pursuant to the Seventh Circuit's holding in Nat'l Org. of Women, Inc. v. Scheidler, plaintiff has statutory authority under 1964(c) to seek injunctive relief in a private action for RICO violations. 267 F.3d 687, 695-700 (7th Cir. 2001), aff'g 897 F. Supp. 1047, 1083 (N.D. Ill. 1995), rev'd on other grounds, 537 U.S. 393 (2003). If plaintiff is able to state an actionable RICO claim, plaintiff has the right under 1964(c) to seek injunctive, as well as monetary, relief. Thus, the issue may remain alive, and the court can revisit this if and when injunctive relief is sought upon the court's determination of liability. The request for equitable relief should be included in plaintiff's prayer for relief rather than in a separate count.
For the foregoing reasons, the court grants J. Gargo's motion to dismiss as to all counts.
Defendants, G. Gargo and the Gargo Sons, move to dismiss plaintiff's complaint on Rule 9(b) and 12(b) grounds. They contend that plaintiff fails to lodge specific allegations of wrongdoing. The court agrees.
Section 1962(c) makes it unlawful for "any person employed by or associated with [an] enterprise.to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of [an] unlawful debt." 18 U.S.C. § 1962(c). Section 1961(4) defines "enterprise" as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." Consequently, a plaintiff must show that the defendants conducted the affairs of some legal entity or group of individuals through a pattern of racketeering (i.e., criminal) activity.*fn5
Plaintiff has failed to allege adequately that G. Gargo or the Gargo Sons conducted the affairs of any of the identified enterprises through a pattern of racketeering activity. Plaintiff has done nothing more than allege that G. Gargo is a co-owner of Gargo Custom Homes and the wife of the alleged mastermind, J. Gargo. Plaintiff has simply alleged that the Gargo Sons were hired by their father without Suburban Buick's authorization, they received unauthorized compensation, and D. Gargo served as a manager of Suburban Buick. Plaintiff has not alleged that any of these defendants had knowledge of the alleged scheme or did anything in furtherance of the schemes. Because racketeering activity under RICO involves predicate acts of fraud, plaintiff must allege that the predicate acts were committed willfully or with actual knowledge of the illegal activity. See Emery v. Am. Gen. Fin., Inc., 71 F.3d 1343, 1346-1348 (7th Cir. 1995) (discussing intent requirement for mail and wire fraud claim); Jepson, Inc. v. Makita Corp., 34 F.3d 1321, 1328 (7th Cir. 1994) (upholding complaint's dismissal where plaintiff failed to allege sufficient facts for inference of fraudulent intent). Plaintiff has alleged neither willfulness nor knowledge. While the court may draw reasonable inferences from the facts alleged in the plaintiff's favor, any inferences as to these defendants' conduct would go well beyond the four corners of the complaint.
For the foregoing reasons, the court grants G. Gargo's and the Gargo Sons' motions to dismiss.
Defendants Pollack and Young move to dismiss plaintiff's complaint in light of, 1) contradictory information contained in police reports*fn6 attached to their motion, and 2) because they acted at the direction of others. Neither of these arguments is applicable to the pending motions to dismiss, but would resonate if this court were considering motions for summary judgment.
First, when reviewing motions to dismiss, the court is constrained to the four corners of the complaint. The police reports were neither attached to nor referenced in or central to plaintiff's amended complaint. Because this is a motion to dismiss and not a motion for summary judgment, the court will not consider the documents or other materials beyond those attached to the complaint itself. See Scibetta v. Rehtmeyer, No. 04C5246, 2005 U.S. Dist. LEXIS 5563, at *4-*5 (N.D. Ill. Feb. 9, 2005) (citing Wright v. Assoc. Ins. Companies, 29 F.3d 1244, 1248 (7th Cir. 1994) (internal citations omitted); compare Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir. 1993) (affirming consideration of contracts attached to motion, as the parties' contractual obligations were central to the complaint).
Second, Pollack and Young assert that they neither facilitated nor were responsible for any of the alleged unauthorized pay increases, much less "actively participated in, knew about or conspired with the other Defendants," because they acted at the direction of others. This argument is also not suited for the motion to dismiss context and is better suited for summary judgment, where the court's scrutiny extends beyond the complaint to other evidence in the record.
For the foregoing reasons, Pollack and Young's joint motion to dismiss is denied, although the claims against them are dismissed along with the claims against the other defendants.
A. RICO Claims (COUNTS I, II, and III)
Defendants Melvin and Owen seek dismissal of plaintiff's RICO claims on the grounds that, 1) plaintiff has failed to plead with particularity the nature of their alleged fraudulent conduct in the "alleged criminal enterprise,"*fn7 and 2) plaintiff has failed to state a claim upon which relief can be granted, especially because plaintiff has failed to "establish" that it is the defrauded and damaged party. The court agrees that plaintiff's RICO claims should be dismissed for failure to plead with particularity, but disagrees that plaintiff bears the burden of "establishing" anything at the pleading stage.
As the court has already noted, the complaint lacks particularity in a myriad of ways. Most significantly, the amended complaint lacks a clear identification of the specific section of the RICO statute at issue. As plaintiff duly notes in its amended complaint, 18 U.S.C. § 1964 provides a private right of action for injuries incurred as a result of violations of section 1962. Subsection (a) of § 1962 proscribes the investment of income, derived from a pattern of racketeering activity, in or for the establishment or operation of an enterprise that affects interstate or foreign commerce. Subsection (b) proscribes persons from acquiring or maintaining control of an enterprise that affects interstate or foreign commerce through a pattern of racketeering activity. Subsection (c) proscribes persons employed by or associated with an enterprise that affects interstate or foreign commerce from conducting or participating in the conduct of the enterprise's affairs through a pattern of racketeering activity. Subsection (d) proscribes conspiracies to violate any of the aforementioned provisions.
Plaintiff fails to identify with clarity which subsection has been violated. Each of the RICO counts contains a reference to section 1962(a)'s prohibition of the use or investment of income derived from a pattern of racketeering activity. However, at no point has plaintiff alleged any injuries resulting from defendants' investment of income derived from racketeering activity. An allegation of injuries resulting from such investments is a necessary component of a section 1962(a) claim. See R.E. Davis Chem. Corp. v. Nalco Chem. Co., 757 F. Supp. 1499, 1524-1525 (N.D. Ill. 1990).
To further complicate matters, earlier in the amended complaint plaintiff alleges that a number of defendants "infiltrated the enterprise and conspired to use the Enterprise to facilitate the conspiracy and conduct unlawful acts." This suggests that the action is premised on a violation of 1962(c). However, without more specificity neither the court nor the defendants can be sure. Melvin and Owen appear to construe the action as one premised on a subsection 1962(c) violation and seek dismissal based, in part, on plaintiff's failure to allege with specificity that they conducted the affairs of the enterprise.
To state a claim under section 1962(c), plaintiff must plead "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Jennings v. Auto Meter Prods. Inc., 495 F.3d 466, 472 (7th Cir. 2007) (citing Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 496 (1985)). Each of these elements must be pled with particularity. Rolls-Royce Corp. v. Alcor Engine Co., No. 1:04-CV-0968, 2007 WL 1021450, at *5 (S.D. Ind. Mar. 29, 2007) (dismissal of RICO claims for, in part, failure to allege one of the elements with particularity). A plaintiff must allege that defendants have engaged in at least two of the predicate acts enumerated in 18 U.S.C. § 1961(1) within a ten-year period. Plaintiff alleges that defendants committed various predicate acts of wire fraud, mail fraud, and money laundering. Melvin and Owen contend that plaintiff has failed to plead the particularities of the predicate acts.
2. Conduct
Melvin and Owen argue that plaintiff fails to allege that they controlled the operations of the enterprise. The court agrees.
To "'participate, directly or indirectly, in the conduct of such enterprise's affairs,' one must have some part in directing those affairs." Reves v. Ernst & Young, 507 U.S. 170, 179 (1993) (referring to 18 U.S.C. § 1962(c)). "In other words, [the defendant] must have participated in the operation or management of the enterprise itself." United States v. Swan, 250 F.3d 495, 498 (7th Cir. 2000); see also Reves, 507 U.S. at 185. While adopting this "operation or management test," the Reves court noted that "an enterprise is 'operated' not just by upper management but also by lower-rung participants in the enterprise who are under the direction of upper management." Reves at 184; see also MCM Partners, Inc. v. Andrews-Bartlett & Assocs., Inc., 62 F.3d 967, 979 (7th Cir. 1995) (reversing dismissal of section 1962(c) claim against lower-rung employees).
As previously noted, plaintiff has identified several entities as enterprises under 18 U.S.C. 1961(4), including Suburban Buick and COAB. Plaintiff has alleged several facts that Melvin conducted the affairs of the Suburban Buick enterprise. As Suburban Buick's parts department manager, Melvin had the ability and authority to maintain Suburban Buick's auto parts inventory, including ordering auto parts for Suburban Buick's vehicles and managing inventory records. Basic logic dictates that the parts department plays an important role in the affairs of a car dealership such as Suburban Buick.
With respect to Owen, plaintiff has adequately alleged that Owen conducted the affairs of the COAB enterprise. Owen is the owner of COAB. He has the ability to prepare and submit work orders for repair work on under-warranty vehicles sold by Suburban Buick, to funnel payments to other vendors for work purportedly done on vehicles, and to order auto parts to complete repair work.
However, the amended complaint is unclear as to whether Melvin and/or Owen also conducted the affairs of other identified enterprises, such as Go Service ("GO Service is an enterprise created by Defendants to defraud Suburban Buick of monies"), Auto Service South ("Auto Service South is an enterprise created by Defendants to defraud Suburban Buick of monies"), or the undefined "Enterprise." This confusion is heightened in the parties' briefs, where Melvin and Owen refer to another enterprise, an "alleged criminal enterprise." Plaintiff's response brief fails to refute the existence of this other enterprise.
3. Particularities of the Predicate Acts
A RICO complaint "must go beyond a showing of fraud and state the time, place and content of the alleged mail and wire communication perpetrating the fraud." United States Textiles, Inc. v. Anheuser-Busch Cos., 911 F.2d 1261, 1268 n.6 (7th Cir. 1990) (quoting New England Data Servs., Inc. v. Becher, 829 F.2d 286, 291 (1st Cir. 1987). The pleadings must go beyond "loose references to mailings and telephone calls." R.E. Davis Chem. Corp. v. Nalco Chem. Co., 757 F. Supp. 1499, 1516 (N.D. Ill. 1990). "Pattern" under RICO "consists of at least two predicate acts of racketeering committed within a ten-year period." Vicom, Inc. v. Harbridge Merchant Servs., Inc., 20 F.3d 771, 779 (7th Cir. 1994) (citing 18 U.S.C. § 1961(5)). However, a plaintiff must allege more than just the occurrence of two predicate acts. A plaintiff "must show that the predicate acts are related, and that they amount to or pose a threat of continued criminal activity." H.J., Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 239 (1989). The Seventh Circuit has set forth a multi-factor test for determining the relationship and continuity*fn8 of the predicate acts: 1) the number and variety of predicate acts, 2) length of time over which the predicate acts were committed, 3) the number of victims, 4) the presence of separate schemes, and 5) the occurrence of distinct injuries. Morgan v. Bank of Waukegan, 804 F.2d 970, 975-76 (7th Cir. 1986). Length of time is the most-important, but not all-determinative, factor. See Midwest Grinding Co. v. Spitz, 976 F.2d 1016, 1024 (7th Cir. 1992); see also Vicom, 20 F.3d at 780.
In the instant case, Melvin and Owen assert that plaintiff has also failed to set forth the details of the predicate acts. The court agrees. For example, although plaintiff has alleged three schemes (auto body repair scam, auto parts scam, and unauthorized pay and salary scam), plaintiff has failed to identify sufficiently the mail and wire transmissions that furthered the scams. In its claim for wire fraud (Count I), plaintiff asserts that "between November 1996 through April, 2005, Defendants, in whole or in part, committed numerous separate acts [of wire fraud]". (emphasis added). Plaintiff then identifies only two specific instances on which "[d]efendants" submitted allegedly fraudulent repair orders, in an attempt to demonstrate that at least two acts of racketeering activity occurred within ten years of one another. Plaintiff's allegations are similarly broad in its claim for mail fraud (Count II). Plaintiff fails to identify the frequency or number of transmissions, the dates of the transmissions, or even which defendants conducted the alleged predicate acts. Consequently, plaintiff has failed to allege sufficiently a pattern of racketeering activity.
4. Defrauded or Damaged Party
Defendants Melvin and Owen assert that plaintiff's RICO claims should be dismissed because plaintiff has failed to "establish" that it was defrauded and damaged. To survive a motion to dismiss, a plaintiff need not "establish" anything; a plaintiff must only allege. A RICO plaintiff alleging predicate acts of fraud need not show that it relied on defendants' alleged misrepresentations. See Bridge v. Phoenix Bond & Indemnity Co., 128 S.Ct. 2131, 2139, 2145 (2008), aff'g 477 F.3d 928 (7th Cir. 2007). A plaintiff need allege only that the defendants' scheme was a proximate cause of its injuries. Holmes v. Secs. Investor Protection Corp., 503 U.S. 258, 268-69 (1992); see also Anza v. Ideal Steel Supply Corp., 547 U.S. 451, 461 (2006).
In the instant case, plaintiff has alleged that it suffered damages resulting from defendants' conduct. As examples, plaintiff has alleged deprivation of its right to receive the honest services of its employees, loss of property, and loss of funds. These allegations of damages are sufficient. At the pleading stage, injuries (including those resulting from fraudulent conduct), need not be identified with particularity. Recreation Servs. v. Odyssey Fun World, 952 F. Supp. 594, 597 (N.D. Ill. 1997).
In sum, although plaintiff has pled damages sufficiently, it has failed to state substantive claims for RICO violations of wire fraud (Count I), mail fraud (Count II), or money laundering (Count III). Melvin and Owen's motions to dismiss are granted.
B. Conversion (Count V)
To state a claim for conversion, plaintiff must allege: 1) an unauthorized and wrongful assumption of control, dominion or ownership by defendant over plaintiff's personalty; 2) plaintiff's right to the property; 3) plaintiff's right to immediate possession of the property, absolutely and unconditionally; and 4) a demand for possession of the property. Fonda v. Gen. Casualty Co. of Ill., 279 Ill.App.3d 894, 899 (1st Dist. 1996). Because the claim alleges a conversion of money, the money must be capable of being described as a specific chattel, meaning plaintiff must have a right to "a specific fund or specific money in coin or bills." Mid-America Fire and Marine Ins. Co. v. Middleton, 127 Ill.App.3d 887, 892 (4th Dist. 1984). The money does not have to be "specifically earmarked" for plaintiff, and need not always be a segregated fund, but the converted funds must be "capable of being described, identified or segregated in a specific manner." Indep. Trust Corp. v. Fidelity Nat'l Title Ins. Co. of New York, No. 05C5749, 2007 WL 1017858 at *24 (N.D. Ill. Mar. 30, 2007) (and cases cited therein).
In count V, plaintiff claims that defendants converted in excess of $250,000.00 of plaintiff's property, including funds, for their personal use and gain. The complaint contains various allegations of how defendants converted plaintiff's property, including auto parts from plaintiff's inventory and funds in an alleged payroll scam. Defendants, Melvin and Owen seek dismissal of this count because of its purported failure to state a claim for conversion under Rule 12(b)(6). In sum, defendants argue that plaintiff lodges "undefined" allegations as to plaintiff's right to the converted property and fails to allege that it demanded the property's return. The court agrees this count should be dismissed.
In the instant case, plaintiff alleges that defendants converted certain funds belonging to plaintiff in an unauthorized pay and salary scam and deposited these fraudulently obtained funds into various bank accounts. Plaintiff also alleges that some of the defendants attempted to conceal the converted funds by investing in real estate, businesses, or paying off personal expenses. Some of the defendants also converted auto parts from plaintiff's inventory and profited from the sales of the stolen goods.
Plaintiff's claim is dismissed for indefiniteness because it is premised, at least in part, on the conversion of funds taken directly from plaintiff's coffers (as in the salary scam) or by indirect means (through the sale of stolen auto parts). Plaintiff cannot identify which specific funds went to which defendant or even if any of those funds are still in defendants' possession, especially given defendants' purported attempts to conceal the nature of the funds. In short, plaintiff alleges a general debt owed by defendants to plaintiff, which is insufficient to state a claim for conversion of money. See TABFG, LLC v. Richard Pfeil, No. 08 C 6979, 2009 WL 1209019 (N.D. Ill. May 1, 2009).
C. Civil Conspiracy (Count VI)
To state a claim for civil conspiracy, a plaintiff must allege: (1) an agreement between at least two people for the purpose of accomplishing some unlawful purpose or some lawful purpose by unlawful means; and (2) at least one tortious act by one of the co-conspirators in furtherance of the agreement. Faith Freight Forwarding Corp. v. Ruiz, No. 95C7560, 1997 WL 159207, at *5 (N.D. Ill. March, 24, 1997). Additionally, a plaintiff must allege not only an agreement, but some factual allegation suggesting a "meeting of the minds." Kunik v. Racine County, Wis., 946 F.2d 1574, 1580 (7th Cir. 1991). "[A] conspiracy claim sounding in fraud must be pled with particularity." Platinumtel Communs., LLC v. Zefcom, LLC, No. 08-CV-1062, 2008 WL 5423606, at *8-*9 (N.D. Ill. Dec. 30, 2008). Failure to allege sufficiently the underlying fraud claim will result in dismissal of the conspiracy claim. Id.; see also Cumis Ins. Soc'y v. Peters, 983 F. Supp. 787, 794 (N.D. Ill. 1997). Defendants Melvin and Owen argue that Count VI is deficient because plaintiff fails to set forth the elements of civil conspiracy with the required specificity under Fed. R. Civ. P. 9(b). The court agrees.
In the instant case, plaintiff alleges that "[d]efendants agreed on multiple levels and in multiple conspiracies to defraud Suburban Buick." Later, plaintiff alleges that "multiple overt acts were committed by all members of the conspiracy in furtherance of the common scheme to defraud Suburban Buick." Plaintiff has failed to allege any specific agreement or any facts that suggest a "meeting of the minds" among all the defendants. Plaintiff has identified three different schemes and at least six different entities. According to plaintiff's description, not every defendant was involved in each scheme and not every defendant was operating within each identified entity. This renders each defendant's knowledge of, much less agreement to participate in, every scheme unlikely.
Plaintiff's style of pleading leaves the reader wholly confused as to the number of conspiracies plaintiff has alleged. Further, as previously discussed, plaintiff has not pled its underlying fraud claims with particularity. Accordingly, Melvin's and Owen's motions to dismiss plaintiff's civil conspiracy claim are granted.
For the reasons stated above, plaintiff's first amended complaint is dismissed. This matter is set for status on June 11, 2009 at 9:00 a.m., at which time plaintiff may request leave to file a second amended complaint.
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ISLAMABAD: Prime Minister Yousuf Raza Gilani Saturday hosted a luncheon in honour of his Chinese counterpart Wen Jiabao and members of his delegation.
The Chinese premier is on a three-day visit to Pakistan, aimed at further strengthening bilateral ties and expanding cooperation in all areas.
The luncheon was attended by politicians from various political parties, Chairman Senate Farooq H. Naek, Speaker National Assembly Fehmida Mirza, Governors and Chief Ministers of the four provinces, members of the federal cabinet, services chiefs, diplomats and senior civil and military officials.
Prime Minister Gilani extended a warm welcome to the Chinese premier. He said the ties between the two countries were "rock solid" and the two would jointly celebrate 2011 as the year of Pak-China friendship, marking the 60th anniversary of bilateral relations.
Gilani acknowledged with gratitude China's assistance to Pakistan in the 2005 earthquake, the Attabad lake and the recent floods.
He said Pakistan supports the one-China policy and "condemns any attempt to undermine China's sovereignty and territorial integrity".
Gilani said the two countries share the ideals of a safe, secure and prosperous neighbourhood and a region free from strife and conflict.
"We want this vision to be translated into reality," he added.
Chinese Prime Minister Wen Jiabao said both countries were good neighbours and had marched ahead through thick and thin together.
He said the relationship had gone beyond bilateral ties and had moved into the strategic sphere.
Jiabao recalled the devastation caused by the floods and said the Chinese people were deeply concerned by the disaster. He assured Pakistan of China's support in the country's agriculture, infrastructure and energy sectors on a sustainable and durable basis.
Jiabao said he was delighted to return to Pakistan after five years and appreciated the hospitality.
He said the two sides will hold a series of events next year to further strengthen their ties for an enduring strategic partnership.

subset: commoncrawl


text: two things I find pretty annoying with apple's ipod music player... 1. No stop button 2. No off button Highly annoying, at least to me. So an app idea would be a stop button and an off button. I hate listening to my entire library of music and yes, I can hit the pause button to stop the music (stop would be more common sense), and then hit the home button to do other things. But then my "music" and "video" app is in process and the only way to stop them is to go into SBsettings and kill the process... Is there an easier way??


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July 7, 2011
OWEN LINO, PLAINTIFF,v.J. KELLERMAN, ET AL.;DEFENDANTS.
(2) GRANTING IN PART PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE A FOURTH AMENDED COMPLAINT [ECF Nos. 26, 27]
On February 26, 2010, Owen Lino ("Plaintiff"), a state prisoner currently incarcerated at Kern Valley State Prison, and proceeding pro se, submitted a civil action pursuant to 42 U.S.C. § 1983, along with a Motion to Proceed In Forma Pauperis ("IFP"). The Court granted Plaintiff's Motion to Proceed IFP but simultaneously dismissed his Complaint for failing to state a claim. See Apr. 21, 2010 Order at 4-5. Plaintiff filed his First Amended Complaint ("FAC") on May 24, 2010.
Subsequently, Plaintiff filed a "Motion for Leave to Amend/Supplement First Amended Complaint," Motion to Appoint Counsel, and a "Motion for Law Library Access and Copy of Court Docket." [ECF Nos. 5, 7, 8].
The Court denied Plaintiff's Motion for Appointment of Counsel, granted in part and denied in part Plaintiff's Motion for Law Library Access and copy of Court Docket, and granted Plaintiff leave to file a Second Amended Complaint. See July 12, 2010 Order at 3. Plaintiff filed a Second Amended Complaint on August 16, 2010. Then Plaintiff filed a "Motion for Leave to File Third Amended Complaint, Motion for Extension of Time to File Third Amended Complaint and Motion for Order for the Clerk to send only my Declaration in my Second Amended Complaint" [ECF No. 12].
The Court granted Plaintiff's Motion, in part, and allowed Plaintiff an extension of time to file his Third Amended Complaint. See Sept. 14, 2010 Order at 2. However, the Court denied Plaintiff's request for a copy of his "declaration" because it simply was not clear what document he was referring to. Id. at 2.
On November 3, 2010, Plaintiff filed a "Motion for Reconsideration in the last Court's Order pertaining to Plaintiff's extension of time to amend his Complaint" [ECF No. 17]. In this Motion, Plaintiff requested one of two options in which he sought a Court order either: (1) directing the Clerk of Court to send him a copy of his Second Amended Complaint and provide an additional twenty five days to file his Third Amended Complaint; or (2) directing the Warden of Kern Valley State Prison to turn over his legal property. The Court again granted Plaintiff an extension of time to file his Third Amended Complaint and provided him with a copy of his Second Amended Complaint. However, Plaintiff was cautioned that he must show good cause for any future requests for extensions of time and the Court will not continue to provide him with free photocopies of any future pleadings he chooses to file.
Plaintiff then filed his Third Amended Complaint ("TAC") which is ninety (90) pages long, named forty two (42) defendants and contained a different claim against a different defendant on each page. Plaintiff also filed a "Motion for 3 Judge Court."
This Court denied Plaintiff's Motion for "3 Judge Court" and dismissed his Third Amended Complaint for failing to comply with Rule 8 of the Federal Rules of Civil Procedure and Local Rule 8.2. Plaintiff was granted leave to file a Fourth Amended Complaint.
Instead of filing a Fourth Amended Complaint, Plaintiff has filed a "Motion for Extension of Time to File and a Request for Additional Count Sheets" and "Motion for Reconsideration" of the Court's May 20, 2011 Order.
I. Motion for Reconsideration
Under Rule 60(b), a motion for "relief from judgment or order" may be filed within a "reasonable time," but usually must be filed "not more than one year after the judgment, order, or proceeding was entered or taken." FED.R.CIV.P. 60(b). Reconsideration under Rule 60 may be granted in the case of: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence; or (3) fraud; or if (4) the judgment is void; (5) the judgment has been satisfied; or (6) for any other reason justifies relief. FED.R.CIV. P. 60(b).
In this Motion, Plaintiff claims that he needs additional pages that exceed the limits placed by the Local Rules and the Court's Order was "unjust." Pl.'s Mot. at 1-4. Plaintiff also argues that the Court was in error when his motion for a "3 Judge Court" was denied. Plaintiff claims that due to prison overcrowding and his medical issues, he has adequately shown that he requires a "3-Judge court to convene concerning my case because it fits the standards of the ruling in Plata v. Brown recently decided by the United States Supreme Court." Id. at 5.
Here, while the Court will permit Plaintiff to exceed the number of pages permitted by Local Rule 8.2, the Court's denies Plaintiff's Motion for Reconsideration of the Court's denial of the 3-Judge Court as it is not required in this matter pursuant to 28 U.S.C. § 2284.
III. Motion for Extension of Time to File Fourth Amended Complaint
The Court sets forth the above lengthy procedural history in this case to demonstrate that Plaintiff has been given adequate opportunities to file his pleadings. This matter is now more than a year old and remains in the screening stage. Moreover, with each additional amended pleading, Plaintiff has added an overly burdensome number of Defendants and claims. "Prolix, confusing complaints such as the ones plaintiffs filed in this case impose unfair burdens on litigants and judges." McHenry v. Renne, 84 F.3d 1172, 1179 (9th Cir. 1996). Such complaints causes judges to "waste half a day in chambers preparing the 'short and plain statement" which Rule 8 obligated plaintiffs to submit." Id. at 1180. The Court will grant Plaintiff an extension of time and will permit him to file a Fourth Amended Complaint not to exceed forty five (45) pages. Plaintiff must abide by Rule 8 and all of the previous Court Orders. Plaintiff is admonished that no further extensions of time will be granted absent exceptional circumstances.
III. Conclusion and Order
Good cause appearing, IT IS HEREBY ORDERED that:
1. Plaintiff's Motion for Extension of Time and Motion for Reconsideration are GRANTED in part and DENIED in part [ECF Nos. 26, 27].
2. Plaintiff has forty five (45) days leave from the date this Order is "Filed" in which to file a Fourth Amended Complaint and it is not to exceed forty five (45) pages. Plaintiff's Amended Complaint must be complete in itself without reference to the superseded pleading. See S.D. Cal. Civ. L. R. 15.1. Defendants not named and all claims not re-alleged in the Amended Complaint will be deemed to have been waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).
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text:
1737 Featherwood Street, Silver Spring MD, 20904
Sold Price:
4 beds , 2 Full/2 Half baths
Status: Sold
Listing Provided Courtesy Of: Tristar Realty Inc
Real Living At Home
Last Updated: 12/10/2016 11:43 PM
Description for 1737 Featherwood Street Silver Spring, MD 20904
A beautiful 4 Bedroom Townhouse, well maintained, Very Nice Brick Front on cul-de-sac Setting. Newer Appliances, Deck, Hard Wood floors throughout. Walkout Basement, A great Location. Price reduce by $10,000.00
Sold Price:
Sold Date:12/15/2015
Rolling Acres
2 Full/2 Half
A beautiful 4 Bedroom Townhouse, well maintained, Very Nice Brick Front on cul-de-sac Setting. Newer Appliances, Deck, Hard Wood floors throughout. Walkout Basement, A great Location. Price reduce by $10,000.00
Listing Information
Rolling Acres
Public Water Service
Public Sewer
School Information
Room Information
Living/Dining Combo
Country Kitchen
Interior Features
Dryer, Cook Top Range, Dishwasher, Microwave, Refrigerator, Stove, Washer
Gas Heat, Electric Heating, Heat Pump, Central
Entrance Outside, Entrance Inside, Full Finished, Walkout
Wood Floors, Attic Storage
Exterior / Lot Features
Assigned Parking Space
Driving Directions
From Downtown Silver Spring go north on route 29 , left on Tech Rd, left on Old Columbia Rd right on Featherwood St.
Financial Considerations
Listing Price History
Silver Spring Real Estate
Silver Spring is located in Maryland. Silver Spring, Maryland 20904 has a population of 74,476.
The median household income in Silver Spring, Maryland 20904 is $72,954. The median household income for the surrounding county is $96,985 compared to the national median of $53,046. The median age of people living in Silver Spring 20904 is 33.9 years.
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text:
Omaha, Nebraska 68114
United States
|Areas of Practice
|1) Personal Injury, 2) Automobile Negligence, 3) Workers Compensation, 4) Medical Malpractice and 5) Products Liability
|Creighton University (B.S.B.A., 1998; J.D., 2004)
|Most recent firm
|Sibbernsen & Strigenz, P.C.
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Litigation Paralegal
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Chaikin, Sherman, Cammarata & Siegel, P.C. an AV rated DC based personal injury law firm seeks attorney with the desire and personality for extensive client contact. Must have excellent writing and or...
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Senior Director Employment Litigation Attorney The candidate will be a key member of the Legal Team supporting major US Government contracting activities, sophisticated international programs and ...
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Catherine Lerer specializes in the representation of seriously injured victims. She is an experienced litigator and trial attorney. She has arbitrated, mediated and tried hundreds of cases and successfully settled more than a thousand cases.
Christina Mesires Fournaris is a partner in Morgan Lewis's Personal Law Practice. Since joining Morgan Lewis in 1991, Ms. Fournaris has been committed to counseling clients on all aspects of estate, tax, and generational wealth planning.


text:
|Publication number
|Publication type
|Application number
|Publication date
|Feb 20, 1979
|Filing date
|Sep 29, 1977
|Priority date
|Sep 13, 1976
|Also published as
|Publication number
|Willem J. L. Boreas
|Original Assignee
|Sangamo Weston, Inc.
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (7), Referenced by (2), Classifications (5)
|External Links: USPTO, USPTO Assignment, Espacenet
This is a division, of application Ser. No. 722,607, filed Sept. 13, 1976, now U.S. Pat. No. 4,064,457.
This invention relates to a compact moving coil meter employing the D'Arsonval principle. The improved meter mechanism according to this invention has particular utility in the environment of an edge-wise compact meter.
Thin flat meters typically on the order of one-half inch thick in the direction of the axis of the meter movement are known in the art. Such shallow meters are frequently referred to as "compact". A typical mechanism for such meters is disclosed in U.S. Pat. No. 3,621,393, issued Nov. 16, 1971.
In the mechanism of the above-mentioned patent, cements and epoxies are used to secure the parts of the rotor or moving element together, and cement is also used to secure the permanent magnet to a first magnetically permeable plate of the mechanism. A second magnetically permeable plate parallel to the first plate, is magnetically connected to the first plate by spacers and screws, to provide an arcuate gap to accommodate the moving coil for movement along the first plate and magnet.
While the construction disclosed in this aforementioned patent provides a meter of good accuracy which can be assembled on a mass production basis, the meter is somewhat expensive, because of the number of parts which must be separately manufactured and aligned during assembly.
A desirable feature of such meters is an air gap of arcuate section in a plane perpendicular to the pivot axis and generally parallel with or including the plane of swing of the pointer. In order to obtain consistency or repeatability from successively assembled meters, it is necessary that the air gap characteristics be uniform from meter to meter. It is however preferred that the flux in the air gap be uniform throughout the air gap so the meter movement has linear characteristics, i.e. deflects the same angular distance for each increment of current which energizes its winding. In a mechanism of the type disclosed in the aforementioned patent, cement was used to secure the magnet to one of the magnetically permeable legs. While the cement technique was satisfactory, cementing is expensive, and the deflection characteristics of the instrument sometimes varied from meter to meter. In addition, consistent magnetic coupling between the magnetically permeable plates was difficult to obtain because of the separate studs which magnetically coupled these plates together.
In the meter of the aforementioned patent the moving coil extends around both a permeable magnetic plate and the magnet cemented to the plate. Such an arrangement requires a coil of substantial axial height with substantial coil wire to provide the number of turns needed to cause deflection where the sensitivity of the meter is in the micro-amp range.
Correspondingly, even though many accurate meters of the construction of the aforementioned patent were successfully produced, and even though excellent accuracy was obtained with many of these meters, some construction difficulties, as mentioned above, were encountered.
This invention solves many of the problems and inaccuracies encountered with prior art compact meters such as that of the aforementioned patent. In accordance with this invention, the several parts of the meter mechanism are essentially cement free, and the only portion of the mechanism which requires heat curing is the coil. By virtue of the unique arrangement of the rotor of this invention, the coil can be cured separately and is subsequently mechanically connected to the rotor. Various other portions of the rotor are arranged to be clamped together so the resulting construction is both cement and solder-free.
The rotor is mounted for pivotal movement in a bridge of one piece or unitary construction having locating surfaces thereon to precisely locate a segment shaped magnet clamped to the bridge, between two arcuate plates of magnetically permeable material. The bridge further includes locating surfaces to precisely locate with respect to the rotor two magnetically permeable plates which clamp the magnet to the bridge. Uniform and consistent magnetic coupling between the magnetically permeable plates, and the plates and the magnet is assured by the construction of the meter in which at least one of the plates is generally U-shaped and the magnet is clamped to the bridge by the plates. In this construction, the plates have a substantial surface area of engagement with each other to provide a closed magnetic circuit, and parallelism of the face of the magnet with respect to the plate which extends through the coil is assured by spacer-type legs of the bridge which locate both the plates and the magnet precisely with respect to the axis of rotation of the rotor. By virtue of this arrangement, the magnet, when magnetized, in a direction parallel to the pivot axis of the rotor provides a flux gap with uniform flux characteristics throughout the range of travel of the coil, so that the meter has linear deflection characteristics, and in addition, consistent and uniform characteristics are obtained in successively assembled meters. Since the needed precision for accuracy is built into the bridge itself, the meter can readily be assembled by mass production techniques.
An additional advantage of the meter of this invention is that the coil extends only around that one of the magnetically permeable plates which is spaced from the magnet. Since the plate is relatively thin, this arrangement permits a relatively low coil having far less wire weight for a particular sensitivity, than prior art meters where the coil is of substantially greater axial height. Such reduced weight minimizes counter-balance weight requirements and correspondingly enhances accuracy of the resulting meter.
In accordance with another aspect of this invention, the sensitivity of the meter can be enhanced by selectively using thicker or thinner magnets (i.e. thicker or thinner in a direction parallel to the axis of rotation of the meter movement) by providing magnet engaging clamping plates of required heights to accommodate the different thickness magnets. By virtue of the unique arrangement of this meter construction, different thickness magnets can be used with the same rotor and bridge. It is only necessary to use a clamping plate having ends of a height needed to accommodate the magnet.
Alternatively, the magnetically permeable plate which extends through the coil can have slightly offset ends and locating faces on both its upper and lower surfaces. Such an arrangement permits inverting this coil accommodating or loop plate to permit clamping a somewhat thicker magnet directly to the bridge while maintaining air gap parallelism and uniformity. Such an alternative arrangement has the advantage of eliminating the need for an additional part where a thicker magnet is required to obtain an instrument of a desired sensitivity.
Additional features of the meter of this invention include insulating material stops to limit the extent of deflection of the coil to the operating range of the meter without danger of damaging the coil or affecting its operating characteristics, a unique rotor assembly of clamped together construction which facilitates assembly and preliminary adjustment, as well as zero adjustment when in service, and a unique casing construction having a recessed wall of sufficient depth to accommodate the greater thickness magnet when required in an instrument of high sensitivity.
Numerous other features, objects and advantages of the meter construction of this invention will become apparent with reference to the accompanying drawings.
FIG. 1 is an exploded pictorial view showing a meter mechanism and casing according to this invention;
FIG. 2 is an exploded pictorial view of the meter mechanism of FIG. 1;
FIG. 3 is a bottom plan view of the meter mechanism bridge with the magnet shown in dotted lines;
FIG. 4 is an exploded pictorial view of the rotor of the meter mechanism;
FIG. 5 is an enlarged front elevational view in partial section of the meter movement and casing;
FIG. 6 is a rear elevational view of the meter mechanism with a magnet of a first thickness; and
FIG. 7 is a view corresponding to FIG. 6 and showing the mechanism with a magnet of different thickness.
Referring to FIG. 1, there is shown a meter according to this invention. As shown, the meter includes a meter movement 10 having a casing 12 including a cover 14 and a transparent lens 16. A suitable scale 18 is fixed to the front of casing 12, for example, with a pressure sensitive adhesive strip 19. There is a space between scale 18 and lens 16 to accommodate pointer tip 20. Meter movement 10 is secured in casing 12 with screws that mount the meter movement on posts 22 of the casing, and which have their upper ends elevated with respect to the floor or bottom wall 24 of the casing.
Offset toward the rear of casing 12 is a recess 26 with a flat upper surface on which a zero adjust arm 28 can slide arcuately. An opening 29 in the zero adjust arm seats on a shallow post 30 in recess 26 to mount the arm for pivotal movement. A zero adjust knob 32 enters through opening 34 in the rear wall of the casing and has its eccentric tip 36 disposed in slot 38 of the upright leg of the zero adjust arm. Knob 32 is held in position in the casing by a downwardly projecting tab 40 at the rear of the cover, the tab having an opening to expose the end of the knob for adjustment with a screw driver. Cover 14 is a slide fit on casing 12 and lens 16 is a snap fit into the cover and casing.
Referring to FIG. 2, meter movement 10 includes a moveable assembly or rotor 44, and a stationary assembly. The stationary assembly includes a unitary base or bridge 46 which can be a die cast metal or molded plastic and is of non-magnetic material. Base 46 has a pair of mounting arms 48 which project forwardly from body portion 50 and diverge with respect to each other. A pair of magnetic circuit support legs 52 project rearwardly from body portion 50 and also diverge with respect to each other.
The magnetic circuit includes a generally arcuate magnet 54, a magnet support 56 of magnetically permeable material, and a clamp plate 58, also of magnetically permeable material. Clamp plate 58 and support 56 secure magnet 54 to base 46 when the magnetic circuit is assembled to the base.
Body 50 of the base 46 has a generally rectangular opening 60 to receive rotor 44. An upper terminal 62 is mounted on the under side of an upper cross leg 64 of the body, in electrically insulated relation to the body, and for limited pivotal movement. A lower terminal and zero adjust member 66 is mounted on the under side of lower cross leg 68, for limited pivotal movement. Hubs 70 and 72 are internally threaded to receive jeweled pivot bearings 71 and 73 for pivotally supporting the rotor on the base.
Projecting arcuately toward each other from the ends of the magnet support legs 52 are ears 74, each having an arcuate opening 76 to receive a coil stop 78. The coil stops are preferably formed from an insulating material such as a plastic or a molded ceramic. These stops 78 limit the extent of pivotal movement of the rotor assembly.
Formed in the top face of each magnet support leg 52 are spaced apart support ribs 80, 81 which provide a seat for clamp plate 58. Clamp plate 58 is of uniform thickness throughout its active portion 83 between bends 84 and 86 which provide offset ends 88 and 90, the upper and lower surfaces of which are essentially flat and parallel. The ends 88 and 90 are offset upwardly with respect to the plane of active portion 83, when the clamp plate is in the position shown at FIG. 2. Edges 92 and 94 of the respective ends 88 and 90 are essentially flat to engage and locate against flat locating surfaces 96 and 98 respectively of the base.
Magnet support plate 56 is generally U-shaped, having a flat body portion 99 of uniform thickness and upright legs 100 and 102 terminating at outwardly turned ends 104 and 106. The upper surfaces of ends 104 and 106 are flat and coplanar to provide substantial surface engagement with the flat coplanar surfaces of ends 88 and 90 of clamp plate 58. Such flatness and substantial surface engagement between the ends of the support 56 and clamp plate 58 minimize reluctance of the magnetic circuit. The inner edge of support plate 56 has locating faces 108, 110, 112 and 114, at each side, which engage the rear of body 50 to precisely locate the clamp plate with respect to the body of base 46. As shown at FIG. 3, the lower portion of the base includes a continuation of the surfaces 96 and 98. Locating faces 108, 110, and 112 of support plate 56 engage and locate against face 96 at one side of the base and face 98 at the other side of the base. Faces 112 and 114 engage at the corner between surfaces 98 and a rear surface 116 of the body portion 50 of the base.
FIG. 3, which is a bottom view of the base without its terminals, shows the locating surfaces of the base 46 which cooperate with the magnet to precisely position the magnet with respect to the base. Such surfaces include a horizontal surface 120 on one leg, and a coplanar horizontal surface 122 on the other leg. Projecting perpendicularly from surface 120 is a surface 124, and projecting perpendicularly from surface 122 is a surface 126. Ears 74 each have locating surfaces 128 and 130 respectively. Magnet 54 is shown in phantom lines in position between the surfaces 124, 126, 128 and 130. Correspondingly, it is apparent that side faces 132, 134 of the magnet (FIG. 2) locate precisely against surfaces 124 and 126 (FIG. 3) respectively, and the arcuate outer surface 136 of the magnet locates against surfaces 128 and 130 of the base. In addition, the flat top face 138 of the magnet locates near its ends on surfaces 120 and 122 of the base. As a result, the locating surfaces of the base precisely position the magnet with respect to the base. Magnet 54 is of a permanent magnet material such as Alnico, has its top face 138 parallel with its lower surface 140, and is magnetized in a direction perpendicular to faces 138 and 140. By virtue of the locating surfaces on clamp plate 58, magnet 54, and magnet support 56, and the locating surfaces on the base, the magnetic circuit is precisely located on the base by the simple expedient of positioning these elements on the base and securing the clamp plate to the magnet support with hollow rivets 142.
FIG. 4 shows rotor 44 of the meter of this invention. A unitary balance cross 150, formed from sheet metal, has an elongated flat body portion 151 with a generally centrally formed opening 152 to receive a pivot 154 which is pressed into the opening to secure the pivot to the balance cross. A tail 156 is bent at a right angle to the plane of body 151, this tail having a pair of outwardly opening notches 158 and a wire receiving terminal 160. A coil assembly includes a coil form 162 and a coil 164 wound on the form. The coil form is of sheet metal and has securing tabs 166 spaced apart to enter the notches 158 of upright leg 156. Tabs 166 are each tapered, and are a close fit in notches 158 so the coil assembly is precisely located with respect to the plane of body 151 of the balance cross. Coplanar edges 168 of the coil form, above and below each tab 166, abut the rear face 170 of leg 156 above and below each notch 158 so the coil assembly extends perpendicular to leg 156 and is precisely parallel to the plane of body 151. Such precise positioning is obtained by merely moving the tabs 166 through notches 158 until edges 168 abut the leg, and then bending the tabs inwardly to the position shown at FIG. 2, to secure the coil to the leg.
Formed in body 151 slightly inwardly of rear leg 156 is a rectangular opening 172. Side edges 174 of the body between this opening and a hub portion 176 of the balance cross are essentially straight and parallel to each other.
A pair of balance weight receiving arms 178 project diametrically outwardly from hub 176. Formed in the forward portion of balance cross 150, near hub 176 is a spring connecting arm 180. Arm 180 is preferably parallel with the axis of pivot assembly 154.
The forward portion of balance cross 150 includes edges 182, a pair of notches 184 and a second pair of notches 186, open at their forward ends to define rectangular lugs 188 between these notches. Balance cross 150 also has a forwardly extending stem 190 which is bent to slope upwardly, and which receives a balance weight 192 at its end.
Pointer 194 is of sheet metal and includes the down turned pointer tip 20 at one end, and pairs of pointer securing tabs 196, 198, and 200 at its other end. The body of the pointer between the ends is offset so the forward portion 202 of the pointer is in a plane above and parallel with inner end portion 204. The distance between the pairs of tabs 196, 198, and 200 is the same as the distance between the edges of the respective notches 186, lugs 188, and notches 184. Correspondingly, pointer 194 is accurately positioned and secured to the forward portion of balance cross 150 by simply moving the pointer upwardly as shown at FIG. 4 until tabs 196 and 200 locate in notches 186 and 184 respectively, whereupon tabs 196, 198, and 200 are bent over, to the position shown at FIG. 2, to clamp the pointer to the balance cross.
One end 206 of winding 164 is secured to terminal tab 160 of upright leg 156. The other end 208 of the winding is connected to a terminal element 210. Terminal element 210 has an arm 212 to which wire 208 is secured. The terminal element has a hub 214 with an opening through which pivot assembly 154 extends. At one side of the hub are a pair of parallel tabs 216 and an end tab 218. At the other side of the hub are parallel tabs 220. Projecting downwardly from the front of the hub is a return spring connecting tab 222.
Positioned between terminal 210 and balance cross 150 is a sheet material insulator 224 of a configuration conforming with the configuration of terminal 210. It will be observed from FIG. 4 that insulator 224 has tabs 226 and 228 at one side of its hub, and tabs 230 at the other side of its hub. The insulator fits against terminal 210 with its tabs inside the corresponding tabs of the terminal. Terminal 210 is secured to balance cross 150 by first positioning insulator 224 on the balance cross and by then positioning the terminal on the balance cross and bending the respective tabs 216, 218, and 220 across the balance cross to secure the terminal in position. Tab 218 is smaller than the rectangular opening 172 and insulating tab 228 of the insulator, so tab 218 is electrically insulated from the balance cross. Similarly, tabs 216 and 220 of the terminal are smaller than insulator tabs 226 and 230. When the several tabs of terminal 210 are bent across the balance cross, the terminal is secured to but insulated from the balance cross. The inner end 232 of lower return spring 234 is secured to spring arm 222. The terminal is so dimensioned that there is a space between its front edge 236 and rear edge 238 of pointer 194, to avoid grounding the terminal through the metal of the pointer. Securing the inner end of spring 240 to spring connecting arm 180 completes the assembly of the rotor.
The various parts of the meter mechanism shown at FIG. 2 are assembled in the following manner to provide the meter mechanism 10, shown at FIGS. 1 and 5. Referring to FIG. 2, after the rotor assembly 44 is assembled, as described above with reference to FIG. 4, the entire rotor assembly 44 is inserted through opening 60 of base 46, with the coil 164 between magnet support legs 52, and with pivot assembly 154 generally aligned with the axis of hubs 70 and 72. Next, stops 78 are inserted into openings 76 in rear legs 74. Clamp plate 58, is then threaded through opening 242 in the coil assembly. With the parts so positioned, jeweled pivot bearings 71 and 73 are threaded into the hubs to mount rotor assembly 44 for pivotal movement. It will be seen from FIG. 5, that with the meter movement disposed horizontally in its normal operating position, pivot assembly 154 is vertical, and the rotor is mounted to rotate about a vertical axis.
FIG. 5 also shows in greater detail, a staked or swaged insert 246 which mounts terminal 66 for limited pivotal movement, and a staked or swaged insert 248 which mounts terminal 62 via an intermediary insulating bushing 250.
Magnet 54 is then seated against the base in the manner previously described with reference to FIG. 3. Then, magnet support plate 56 is placed beneath the magnet, and hollow rivets 142 are inserted through the openings in clamp plate 58 and magnet support 56. Plates 58 and 56 are then pushed inwardly toward hub 70 so edges 92 and 94 abut locating surfaces 96 and 98 of the base, and surfaces 108, 110, 112 and 114 abut the respective locating surfaces 98 and 116 of the base. A clamping pressure is then applied between ends 88 and 104 and between ends 90 and 106 of the clamp and magnet support plates. While this clamping pressure is maintained, hollow rivets 142 are upset to rivet the plates together to secure the plates and magnet 54 to the base. Correspondingly, by the simple expedient of positioning the magnet against the locating surfaces of the base, and positioning clamp plate 58 and magnet support plate 56 against the locating surfaces on the base, it is assured that these parts of the magnetic circuit are in a predetermined position with respect to the rotor assembly. Such predetermined positioning, in successively assembled meters, provides repeatable accuracy with minimal calibration. By virtue of the flat engaging faces of the ends of clamp plate 58 and magnet support plate 56, a closed loop magnetic circuit of minimal reluctance between the plates is provided.
As shown at FIG. 5, there is an air gap 252 between clamp plate 58 and magnet 54. Lower leg 254 of the coil assembly extends through this gap. As previously mentioned, magnet 54 is magnetized in a direction parallel to the axis of rotation of the rotor, and correspondingly, when the coil is energized, a magnetic force is created which causes the coil and rotor to pivot about the meter axis.
With the rotor 44 in position and the magnetic circuit assembled, the outer ends of return springs 234 and 240 are secured respectively to base terminal 62 and base terminal 66. As shown at FIG. 5, terminal 62 has a downwardly projecting tab 260 to which the outer end of spring 240 is secured as by welding. Similarly, terminal 66 has an upwardly projecting tab 262 to which the outer end of lower spring 234 is secured by welding. The limited pivotal movement of terminals 62 and 66 provides for adjusting the zero point of the rotor. Wires 262 and 264 are connected respectively to terminals 62 and 66. These wires extend to the rear of the casing 12 and are connected to terminal screws (not shown), via which external connections are made to the meter.
With reference to FIGS. 1, 2, 4 and 5 it will be apparent that the coil 164 is electrically connected in series between terminal wires 262 and 264, the electrical path including wire 262, terminal 62, return spring 240, arm 180 of the balance cross, the balance cross body 151, terminal 160 of the balance cross, wire 206 of the coil, coil 164, wire 208 of the coil, terminal arm 212 of terminal 210, spring 234, terminal 66 and wire 264.
FIGS. 6 and 7 show a distinct advantage of meter mechanism 10 including clamp plate 58 with offset ends 88 and 90. FIG. 6 is a rear view of the embodiment of FIGS. 1-5 where clamp plate 58 is secured to magnet support plate 56 with the ends 88 and 90 of the clamp plate projecting upwardly with respect to the plane of the active portion or body 83 of the clamp plate. In order to locate and hold the magnet 54 in position against any movement, even if the meter movement is dropped or otherwise abused, the magnet 54 has a thickness such that a clamping pressure is required to initially bring the ends of the clamp plate and magnet support plate into engagement. Correspondingly, with reference to FIG. 6, the thickness or height of magnet 54 plus the thickness of that portion of a magnet support leg 52 between its lower surface 120, and the top of its ribs 80 is very slightly greater than the distance between upper surface 272 of magnet support 56 and lower surface 274 of clamp plate 58. In the meter of FIGS. 1-6, the flux density produced in air gap 252 by magnet 54 is sufficient to provide a meter movement of good sensitivity, on the order of 50 microamps. Where a far more sensitive meter is required, the construction of FIG. 7 can be used, this construction requiring only a thicker magnet to obtain a more sensitive meter movement.
Referring to FIG. 7, a clamp plate 58 identical to clamp plate 58 of FIG. 6, but inverted, secures magnet support 56 and a magnet 275 in position on the base. Magnet 275 has a thickness which is greater than the thickness of magnet 54 by an amount equal to twice the offset 276 of ends 88 and 90 of the clamp plate 58 with respect to its body 83. As shown at FIG. 7, coil 164 is in precisely the same position with respect to the base 46 as the coil is in the embodiment of FIG. 6. The same support plate 56 is used in the FIG. 7 embodiment. Since body portion 83 of clamp plate 58 is flat and parallel, the ribs 80 position this body in the same plane with respect to the coil and base, as in the FIG. 6 embodiment. Correspondingly, a more sensitive meter is obtained merely by substituting the thicker magnet 275 for the magnet 54, and inverting clamp plate 58.
The meter movement of FIG. 7 has a height greater than the meter of FIG. 6, by an amount equal to the greater thickness of magnet 275. Casing 12 of FIG. 1 can be used with the thicker or higher meter movement of FIG. 7 by the simple expedient of providing spacing washers 266 (FIG. 1), between the mounting legs 48 and support posts 22 of the casing. Such washers elevate the meter mechanism slightly with respect to the base and recess 26, so the bottom face of magnet support 56 will clear projection 30 at recess 26 of the base.
Correspondingly, by virtue of the unique clamping arrangement of the magnetic circuit of the meter of this invention, only one additional part, namely a thicker magnet, is required to obtain substantially greater sensitivity, all other parts remaining essentially the same.
Of course, where magnets of a thickness different from magnet 54 or magnet 275 are required in order to construct meter movements of a desired sensitivity, clamp plate 58 can be flat, and a magnet support 56 of the required depth to clamp the magnet to the legs 52 can be used. This magnet support can have a depth either greater or shallower than the magnet support 56. Alternatively, a clamp plate with ends 88 and 90 offset either more or less than those of the clamp plate 58 can be used with the magnet support plate 56 to accommodate magnets of a thickness different from magnets 54 and 275.
Since the plane of the active portion 83 of clamp plate 58 is determined by the engagement of plate 58 with the ribs 80 on legs 52 of the bridge, and since the coil 164 extends around clamp plate 58 and not around the magnet and magnet support plate, the same bridge and rotor can be used to construct meters of different sensitivity by the simple expedient of substituting a magnet of the required thickness, and using either the clamp plate and magnet support plate shown at FIGS. 6 or 7, or using the modified clamp plate and magnet support plate mentioned above. Such construction is possible since the rotor and bridge are so constructed and arranged that there is no obstruction in the region occupied by the magnet and magnet support plate which prevents the use of either a thicker magnet or a support of greater height than the one shown at FIGS. 6 and 7.
While preferred embodiments of a meter assembly including the unique meter mechanism of this invention are shown and described herein, it will be appreciated that changes can be made without departing from the scope of the invention as mentioned herein and defined in the appended claims.
|Cited Patent
|Filing date
|Publication date
|Aug 1, 1945
|Sep 2, 1947
|Triplett Electrical Instr Co
|Electrical measuring instrument
|Oct 2, 1963
|Jun 13, 1967
|Taut-band suspension galvanometer
|Nov 2, 1964
|Feb 24, 1970
|Sigma Instruments Inc
|Miniaturized high torque,single air gap meter mechanism
|Mar 10, 1966
|Dec 29, 1970
|Jewell Electrical Instr Inc
|Electrical measuring moving coil mechanism
|Jan 6, 1969
|Mar 9, 1971
|Rite Autotronics Corp
|Electrical current responsive instrument with magnetic flux adjustment
|Nov 8, 1968
|Jun 8, 1971
|Sun Electric Corp
|Precision adjustable excursion limiters
|May 29, 1969
|Nov 16, 1971
|Weston Instruments Inc
|Compact moving coil meter movement
|Citing Patent
|Filing date
|Publication date
|May 13, 1982
|Jan 29, 1985
|Yokogawa Hokushin Electric Corporation
|Taut band type instrument suitable for automatical assembly
|Apr 14, 1989
|Aug 28, 1990
|Triplett Corporation
|Compact taut band meter movement assembly
|U.S. Classification
|International Classification
|Cooperative Classification
|European Classification


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With a stay at Rodeway Inn, you'll be centrally located in Hammonton and within the region of Atco Raceway and Clementon Park and Splash World. This hotel is within the region of Batsto Visitor Center.
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Featured amenities include a 24-hour front desk and coffee/tea in a common area. Free self parking is available onsite.
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KARNATAKA VIKAS GRAMEENA BANK RTGS HO Branch in DEVARNAVADGI - Address, IFSC, MICR Code
KVGB0003407MICR Code
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IFSC Code of KARNATAKA VIKAS GRAMEENA BANK situated at DEVARA NAVADAGI - RTGS-HO is
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Meet Luna, a 2 year old girl looking to find her forever home. Like the Roman goddess of the moon she was named for, Luna is a goddess herself. She prefers the company of men and loves a sunny windowsill. She even can play fetch. Luna has lived with dogs but not cats. She is very active and loves to play fetch and chase sticks. Are you looking for an active and independent cat? Then Luna is the girl for you.


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