Andrews v. American Nat. Red Cross, Inc., EP-99-CA-70-DB.

Citation176 F.Supp.2d 673
Decision Date16 March 2001
Docket NumberNo. EP-99-CA-70-DB.,EP-99-CA-70-DB.
PartiesGilbert ANDREWS Plaintiff, v. THE AMERICAN NATIONAL RED CROSS, INC., the El Paso Chapter of the American National Red Cross, Carmen Ruiz Defendants; Carmen Ruiz, Counter-Plaintiff, v. Gilbert Andrews Counter-Defendant.
CourtUnited States District Courts. 5th Circuit. Western District of Texas

Thomas E. Stanton, Christopher A. Antcliff, Stanton & Antcliff, P.C., El Paso, TX, for Gilbert Andrews.

Mark N. Osborn, Kemp Smith, P.C., El Paso, TX, Michael A. Schlanger, Daniel D. Barnowski, Sonnenschein Nath & Rosenthal, Washington, D.C., for American Nat. Red Cross and El Paso Chapter of the American Nat. Red Cross.

Hector M. Zavaleta, Hector M. Zavaleta, P.C., El Paso, TX, for Carmen Ruiz.

MEMORANDUM OPINION AND ORDER

BRIONES, District Judge.

On this day, the Court considered the following motions that Defendants the American National Red Cross, Inc., The El Paso Chapter of the American National Red Cross and Carmen Ruiz filed in the above-captioned cause:

(I) Two Motions to Dismiss: Defendants filed a "Motion to Dismiss the RICO Claims of Plaintiff's `Fifth Amended Complaint,'" (the "RICO Motion to Dismiss") and a "Motion to Dismiss the Non-RICO Claims of Plaintiff's `Fifth Amended Complaint'" (the "Non-RICO Motion to Dismiss") (collectively, the "instant Motions to Dismiss"), on March 16, 2000.1 Plaintiff Gilbert Andrews filed a "Comprehensive Response to Defendants' Motions to Dismiss the Rico and Non-Rico Claims in Plaintiff's Fifth Amended Complaint" on March 28, 2000. Defendants thereafter filed a separate Reply each as to the RICO Motion to Dismiss and the Non-RICO Motion to Dismiss on April 10, 2000. Later, Defendants filed a letter brief to the Court on May 9, 2000. Plaintiff filed a "Response to the Defendants' Arguments Contained in Defendants' May 9, 2000 Letter to the Court" on May 11, 2000.2

(II) Two Motions for Summary Judgment: Defendants filed a "Motion for Partial Summary Judgment" on August 14, 2000, (the "First Summary Judgment Motion"). Plaintiff filed a "Response to Defendants' Motion for Partial Summary Judgment" on August 23, 2000. Defendants filed a "Reply Brief in Support of Their Motion for Partial Summary Judgment on the Claims That Arise out of Andrews' Allegedly Improper Incarceration in Mexico" on September 11, 2000.

Defendants also filed a "Motion for Partial Summary Judgment on Plaintiff's Fifth Amendment, Conversion, Defamation and False Imprisonment Claims" on August 24, 2000 (the "Second Summary Judgment Motion").3 Plaintiff filed a "Response to Defendants' Motion for Partial Summary Judgment on Plaintiff's Fifth Amendment, Conversion, Defamation and False Imprisonment Claims" on August 30, 2000. Thereafter, Defendants filed an "Amended Motion for Partial Summary Judgment on Plaintiff's Fifth Amendment, Conversion, Defamation and False Imprisonment Claims" on September 15, 2000.

(III) One Motion for Judgment as a Matter of Law: Defendants filed a "Motion for Judgment as a Matter of Law" on October 18, 2000 (the "JMOL Motion"). That same day, Plaintiff filed a "Summary of Evidence Demonstrating a Prima Facie Case of Conspiracy by Defendants" (the "JMOL Summary of Evidence").4

FACTUAL BACKGROUND5

This lawsuit arises out of Plaintiff's business dealings in Mexico. Plaintiff had a business in El Paso, Texas selling used medical equipment in the United States and Mexico. In September or October 1994, Plaintiff arranged to sell certain equipment to the Mazatlan Delegation ("Mazatlan Delegation") of the Mexican Red Cross.

At some point, there was a dispute between the Mazatlan Delegation and Plaintiff over the equipment contracted for. In April 1998, Plaintiff went to Ciudad Juarez, Chihuahua, Mexico ("Juarez") and was arrested by Mexican authorities. The Mexican authorities transported Plaintiff to Mazatlan, Mexico, to stand trial under charges the Mazatlan Delegation filed against Plaintiff in a Mexican court regarding the medical equipment sale.

Plaintiff was held in a Mexican prison for 241 days pending a trial. In December 1998, the Mexican authorities released Plaintiff and charges against him were dropped. Plaintiff returned to the United States and filed the instant lawsuit.

PROCEDURAL BACKGROUND

Plaintiff commenced the instant action by filing an "Original Petition" in the 171st Judicial District Court of El Paso County, on February 15, 1999. He sued the American National Red Cross ("American Red Cross"); the El Paso Chapter of the American National Red Cross ("El Paso Chapter"); and Carmen Ruiz ("Ruiz"), an El Paso Chapter employee, alleging a claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, stating three predicate acts — three "counts." A week later, on February 22, 1999. Plaintiff filed a "First Amended Petition" in that same Court, adding a fourth "count" of RICO violations, as well as two common law causes of action for defamation and one for civil conspiracy to defraud.

Defendants removed the case to this Court by filing a "Notice of Removal" on March 2, 1999. On March 11, 1999, Plaintiff filed a "Second Amended Complaint" to add yet more RICO "counts" (for a total of six), a common law claim for conversion, and two claims under the Fifth Amendment to the United States Constitution for unlawful taking of property without just compensation and deprivation of liberty without due process of law. Plaintiff also added as defendants "George Walker, M.D., and other Unknown Employees, Officers and Directors of the American National Red Cross."

On April 8, 1999, Ruiz filed a Motion for a More Definite Statement of Plaintiff's RICO and other fraud-based allegations. The American Red Cross and the El Paso Chapter filed a similar motion on April 12, 1999. The Court granted Ruiz's motion by Order entered April 12, 1999, and thereafter denied as moot the Red Cross and El Paso Chapter's motion. Through that April 12 Order, the Court obliged Plaintiff to file a "case statement" to set forth in detail the facts upon which Plaintiff based his RICO claim. Plaintiff complied, filing a "RICO Case Statement" on April 27, 1999.

All named defendants joined in a Motion to Dismiss the RICO claims, filed May 20, 1999, as well as a Motion to Dismiss the Non-RICO claims filed May 21, 1999. On July 1, 1999, Plaintiff filed an "Omnibus Response to Defendants' [May 21, 1999,] Motions to Dismiss." Thereafter, the Court granted leave to Plaintiff to file a "Second Amended Complaint"6 and First Amended RICO Case Statement" by Order entered July 8, 1999, and, on that basis, denied as moot Defendants' May 1999 Motions to Dismiss by a separate Order entered that day. The July 8, 1999, "Second Amended Complaint" added RICO-related factual allegations and a common law claim for false imprisonment.

For a third time, all Defendants7 joined in a "Motion to Dismiss the RICO Claims of Plaintiffs' `Second Amended Compliant,'"8 and a "Motion to Dismiss the Non-RICO Claims of Plaintiff's `Second Amended Complaint,'" both filed July 22, 1999. In turn, Plaintiff filed an "Omnibus Response" to those motions on August 2, 1999. Defendants then filed a Reply Brief as to the Motion to Dismiss the Non-RICO Claims on August 12, 1999, and a Reply Brief as to the Motion to Dismiss the RICO Claims on August 16, 1999.

As if by force of habit, Plaintiff moved to amend his complaint again on October 20, 1999, through a "Motion for Leave to File Plaintiff's Fifth Amended Complaint."9 Through a November 12, 1999, Order, the Court granted Plaintiff's Motion for Leave despite strong opposition from Defendants. The Court further denied as moot Defendants' then-pending motions to dismiss. Through the same Order, the Court stayed this case until January 3, 2000, due to the medical condition of Ruiz's attorney. Later, by Order entered January 4, 2000, the Court sua sponte extended the stay to February 7, 2000.

On March 1, 2000, Plaintiff filed a "Motion for Entry of Default Judgment," contending that Defendants had neither answered his "Fifth Amended Complaint" nor filed a responsive pleading. Defendants responded to that motion on March 2, 2000, and the Court entered an Order denying Plaintiff's motion on March 3, 2000.

Previously, on February 23, 2000, Ruiz filed "Counterclaims against Gilbert Andrews," alleging slander and libel. Plaintiff moved to strike iz's Counterclaims on March 1, 2000, on the basis that Ruiz had not yet answered Plaintiff's "Fifth Amended Complaint." The Court denied Plaintiff's motion to strike Ruiz's Counterclaims by Order entered March 6, 2000, after Ruiz filed a response to the motion on March 3, 2000. Counter-Defendant Gilbert Andrews filed an Answer to Ruiz's Counterclaims on March 8, 2000.

Not unexpectedly, Defendants filed the instant Motions to Dismiss, and Plaintiff responded, as set forth above. Defendants later filed the instant Summary Judgment Motions.

On October 10, 2000, this cause came on for trial. At that point, the Court already had entered an order granting Defendants' RICO Motion to Dismiss and granting in part Defendants' Non-RICO Motion to Dismiss. The Court also already had informed the Parties how it would rule on the instant Summary Judgment Motions. Hence, Plaintiff's case went to trial on only one claim, his common law claim for civil conspiracy to defraud. A jury of nine was selected, duly sworn and seated on October 10. Plaintiff began presenting evidence that day and continued for four days. He called sixteen witnesses,10 including Plaintiff, and submitted some sixty-two exhibits.

On October 17, 2000, Plaintiff rested. The jury was excused for the day and the Court scheduled a hearing the following morning for Defendants to move for judgment as a matter of law, as they informed the Court they would do. The next morning, Defendants filed their written JMOL Motion and Plaintiff filed his...

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