UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DONALD P. ROSEN, individually )

and as class representative, )

)

Plaintiff, )

)

vs. ) 07 C 5727

)

MYSTERY METHOD, INC., a )

corporation, et al., )

)

Defendants. )

MEMORANDUM OPINION

CHARLES P. KOCORAS, District Judge:

This matter is before the court on Defendant Scott Donnely ("Donnely")'s

motion to dismiss Plaintiff Donald Rosen ("Rosen")'s complaint (the
"Complaint")

pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). For the
following

reasons, Donnely's motion is granted.

BACKGROUND

On October 10, 2007, Rosen filed a two-count complaint including class
claims

alleging that Defendants Donnely, Mystery Method Corporation ("MMC"),
Nicholas

Benedict ("Benedict"), Jon Lee ("Lee"), Chris Hendricks ("Hendricks"), Peter

Sergeant ("Sergeant"), and Robert Plyer ("Plyer") violated the Racketeer
Influenced

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and Corrupt Organizations Act ("RICO"), 18 U.S.C.