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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a civil RICO claim brought by Jo Ann Shepard against several defendants. The district court had dismissed the case. The appellate court affirmed the dismissal, finding that Shepard did not demonstrate a pattern of racketeering activity needed to support a RICO violation. As the RICO claim was the sole basis for federal jurisdiction, and there was no independent basis for the related state claims, the appellate court agreed those claims were properly dismissed as well. The appellate court affirmed the district court's dismissal of the entire action.

    Original Description:

    Filed: 1990-07-27 Precedential Status: Non-Precedential Citations: 911 F.2d 724 Docket: 89-1767

    Original Title

    Jo Ann Shepard v. Frederick C. Malkus, Jr., Edward H. Nabb, Edward H. Nabb, Jr., Harrington, Harrington & Nabb, Theodore L. Bramble, W. Wayne Brown, Dorothy McGlaughlin Teresa D. Wheatley, Defendants, 911 F.2d 724, 4th Cir. (1990)

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a civil RICO claim brought by Jo Ann Shepard against several defendants. The district court had dismissed the case. The appellate court affirmed the dismissal, finding that Shepard did not demonstrate a pattern of racketeering activity needed to support a RICO violation. As the RICO claim was the sole basis for federal jurisdiction, and there was no independent basis for the related state claims, the appellate court agreed those claims were properly dismissed as well. The appellate court affirmed the district court's dismissal of the entire action.

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    Public Domain
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    10 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

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    The document is a court case from the United States Court of Appeals for the Fourth Circuit regarding a civil RICO claim brought by Jo Ann Shepard against several defendants. The district court had dismissed the case. The appellate court affirmed the dismissal, finding that Shepard did not demonstrate a pattern of racketeering activity needed to support a RICO violation. As the RICO claim was the sole basis for federal jurisdiction, and there was no independent basis for the related state claims, the appellate court agreed those claims were properly dismissed as well. The appellate court affirmed the district court's dismissal of the entire action.

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    of 2

    911 F.

    2d 724
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Jo Ann SHEPARD, Plaintiff-Appellant,
    v.
    Frederick C. MALKUS, Jr., Edward H. Nabb, Edward H.
    Nabb,
    Jr., Harrington, Harrington & Nabb, Theodore L.
    Bramble, W. Wayne Brown, Dorothy
    McGlaughlin, Teresa D.
    Wheatley,
    DefendantsAppellees.
    No. 89-1767.

    United States Court of Appeals, Fourth Circuit.


    Submitted June 20, 1990.
    Decided July 27, 1990.

    Appeal from the United States District Court for the District of Maryland,
    at Baltimore. Walter E. Black, Jr., District Judge. (C/A No. 88-1984-B)
    Jo Ann Shepard, appellant pro se.
    John Wheeler Glenn, O'Connor, Preston, Glenn & Smith, Baltimore, Md.,
    Wallace Albert Christensen, Susan Amy Yashar, Ross, Dixon & Masback,
    Washington, D.C., for appellees.
    D.Md.
    AFFIRMED.

    PER CURIAM:

    Jo Ann Shepard appeals the district court's dismissal of this civil action brought
    pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO),
    18 U.S.C. Secs. 1961 et seq. Shepard alleged that defendants violated RICO
    because of their successful effort to have Shepard removed as trustee of two
    testamentary estates. Additionally, Shepard raised seven pendent state claims.
    We find that Shepard did not demonstrate a pattern of racketeering activity that
    would state a RICO violation. Further, as the RICO claim was the sole basis for
    federal jurisdiction, and because there was no independent basis for jurisdiction
    over the state claims, we agree with the district court's decision that it lacked
    authority to consider those claims. We accordingly affirm the district court's
    dismissal of the action. See H.J. Inc. v. Northwestern Bell Telephone Co., 57
    U.S.L.W. 4951 (U.S. June 26, 1989) (No. 87-1252); Menasco, Inc. v.
    Wasserman, 886 F.2d 681, 683 (4th Cir.1989). As our review of the record and
    other materials before the Court indicates that it would not significantly aid the
    decisional process, we dispense with oral argument.

    AFFIRMED.

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