Today in the Safe Streets Alliance RICO lawsuit in Colorado, the Bank of the West was dismissed as a Defendant. Under Rule 41(a) of the Federal Rules of Civil Procedure, a plaintiff can unilaterally dismiss a defendant by filing a “notice” without needing an order of court if the notice is filed before the opposing party files an answer or motion for summary judgment. Such a notice was filed dismissing the bank in the second of the two RICO cases seeking to dismantle the Colorado marijuana industry filed in Denver [1:15-cv-00350-MSK] involving co-plaintiff New Vision Hotels Two, LLC (owner of the Holiday Inn in Frisco, Colorado). The dismissal is “without prejudice,” meaning that the Plaintiffs, should they find out more information later, could potentially rename Bank of the West as a defendant.
The full text of the notice of dismissal reads as follows:
Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiffs dismiss without prejudice Defendant Bank of the West. Plaintiffs are taking this action based on Bank of the West’s written representation that its policy is never to offer accounts to recreational marijuana businesses, that it did not knowingly provide an account to the recreational marijuana conspiracy that is the focus of this litigation, and that the Bank of the West account that was linked to the recreational marijuana conspiracy at issue in this case has been closed.
The full Notice of Dismissal of Bank of the West is here.
The Plaintiffs had originally alleged in their Complaint that:
46. Since at least October 2014, Defendant Bank of the West has maintained a business bank account for Summit Marijuana. On information and belief, Bank of the West is aware that Summit Marijuana’s account is used by an illegal marijuana business and that proceeds from that business are being deposited in Summit Marijuana’s account. Bank of the West is also aware, on information and belief, that Summit Marijuana is developing property at 1121 Dillon Dam Road for the purpose of growing and selling recreational marijuana. Accordingly, Bank of the West conspired with Summit Marijuana, Olson, Katz, and John Doe 1 to assist in the enterprise’s drug crimes, thus violating 21 U.S.C. § 846, which is racketeering activity under 18 U.S.C. § 1961(1)(D).