UNITED STATES DISTRICT COURT
ELLEN MARIANI, Individually, and as )
Personal Representative of the Estate )
of LOUIS NEIL MARIANI, deceased, )
and others similarly situated, )
)
Plaintiff )
)
vs. ) Case No. 03-5273
)
GEORGE W. BUSH, President of ) Judge Eduardo C. Robreno
the United States, Officially and )
Individually, et al., named and unnamed )
Defendants )
On November 21, 2003, federally named Defendants (hereinafter “Defendants”), by and through the United States Attorney for the Eastern District of Pennsylvania, moved for dismissal of this action. Plaintiff, by and through her attorney, Philip J. Berg, Esquire, opposes Defendants’ Motion to Dismiss on the following grounds:
Plaintiff denies that this case should be dismissed on grounds for failure to exhaust administrative remedies, statute of limitations, improper venue, improper parties and improper service.
Specifically:
1. Defendants are being sued under the provisions of the RICO Act, not the FTCA;
2. Plaintiff has complied with the statute of limitations for RICO violations; and
3. Plaintiff has complied with the venue provisions for RICO violations.
Based on the foregoing and in support thereof, Plaintiff submits the accompanying Memorandum In Opposition to Defendants’ Motion to Dismiss and requests this Honorable Court deny their Motion.
Respectfully submitted,
__________________________
PHILIP J. BERG, ESQUIRE
706 Ridge Pike
Lafayette Hill, PA 19444-1711
Identification No. 09867
(610) 825-3134
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