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In Reves v Ernest & Young, 507 U.S. 170, 183 (1993), the Supreme Court held that participation in the conduct of an enterprise's affairs requires proof that the defendant participated in the "operation or management" of the enterprise. Defendants must have "conducted or participated in the conduct of the `enterprise's affairs,' not just their own affairs. Id. at 185 (emphasis in original). Here, Plaintiffs' bare allegations do not even suggest that any Defendant, other than Dr. Durrani, ever participated in the fraudulent operation or management of an enterprise.

Despite having filed no fewer than seven complaints in these consolidated cases, Plaintiffs have never alleged facts supporting the existence of a plausible claim under RICO or Ohio RICO. Plaintiffs' latest clumsy attempt to repackage medical malpractice and product liability claims is without any plausible basis, notwithstanding its prolixity.

Freida Aaron, Plaintiff, represented by Eric C Deters , Eric C. Deters Attorney at Law.

Pursuant to Rule 9(B) Plaintiffs base their Rico claims on a mail or wire fraud scheme with the time, place, content of, and parties to the fraudulent communications, which deceived plaintiffs by those communications described in Exhibits A, B and C of the Complaint and Exhibit A and B to this First Amended Complaint. (emphasis in original removed; emphasis added). (Doc. 83 at ¶ 1245).