Case 1:19-cv-01148-LO-TCB Document 34 Filed 02/21/20 Page 1 of 2 PageID# 327

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Devin G. Nunes,

Plaintiff,
Civil No. l:19-cv-1148

V.

Hon. Liam G'Grady
Fusion GPS,et at..

Defendants.

ORDER

Before the Court is Defendant Fusion GPS's(also known as Bean, LLC)and Defendant

Glenn Simpson's Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. Dkt.

25. Also before the Court is Defendant Campaign for Accountability, Inc.'s("CfA's") Motion to
Dismiss for Lack of Jurisdiction and Failure to State a Claim. Dkt. 28. The motions are fully
briefed, and the Court dispensed with oral argument because it would not aid in the decisional

process."
Plaintiff Devin G. Nunes ("Plaintiff' or,"Nunes")superseded his first complaint with an
Amended Complaint on December 13, 2019, alleging civil violations under:(I) Racketeer
Influenced and Corrupt Organizations("RICO");(II) RICO Conspiracy; and (III) Common Law

Conspiracy. Dkt. 12. Defendants timely filed motions to dismiss—pursuant to the Court's
Order of December 17,2019(Dkt. 17)—on January 15,2020. Defendants raise several

defenses; they challenge, inter alia. Plaintiffs standing to bring the suit, the Court's jurisdiction

Plaintiff filed a single Memorandum in Opposition to both Defendants' motions. Dkt. 31.

 Case Document 34 Filed 02/21/20 Page 2 of 2 Page D# 328

over Defendants under Federal Rule of Civil Procedure and the suf?ciency of the
complaint under Rule 

Defendants raise signi?cant questions and make meritorious arguments as to both the
suf?ciency of the factual pleadings and the Court?sjurisdiction over these Defendants. As
presently pled, the Amended Complaint includes many rote statements of law and conclusory
allegations which fall short of satisfying the pleading standard per Bell All. Corp. v. Twombly,
550 US. 544, 550 (2007). Thus, the instant complaint is insuf?cient to support a substantive
ruling on these issues. Accordingly, Defendants? motions to dismiss (Dkts. 25, 28) are hereby
GRANTED, and the Amended Complaint (Dkt. 12) is hereby DISMISSED WITHOUT
PREJU DICE. Mindful of the latitude provided in Federal Rule of Civil Procedure 15, Plaintiff
shall have thirty days from the date of this order to ?le a second amended complaint if he can do

so pursuant to Rule 11.

 

It is SO ORDERED.
\mO-?t
FebruarQL, 2020 Liam dy
Alexandria, Virginia United States District Judge