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D'Angelo v. Bank of Dene

United States District Court, D. Nevada

June 17, 2019

JOSEPH D'ANGELO, Plaintiff,
v.
BANK OF DENE, et al., Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court is Plaintiff Joseph D'Angelo's Motion for Default Judgment (ECF No. 34) and Request for Ruling on Unopposed Plaintiff's Motion for Default Judgment (ECF No. 35). For the reasons discussed below, the Court grants the Motion for Default Judgment in part and enters judgment in favor of Plaintiff against Defendants Michael Stephen Young and Prime Business Services, Inc.

         III. ALLEGED FACTS

         In his Complaint filed on January 12, 2018, Plaintiff alleges the following facts. ECF No. 1. In September 2017, Plaintiff secured and opened multiple bank accounts with Defendant Bank of Dene. On or about November 7, 2017, Plaintiff entered into a contractual agreement with GTF Holdings, LLC, and its owner, Lewis E. Taylor, III, wherein Plaintiff agreed to allow his gemstone collection to be used as collateral for various purposes by GTF Holdings, LLC in exchange for compensation.

         On November 10, 2017, pursuant to the agreement, $13, 768, 585.40 was transferred from the Bank of Dene account of GTF Holdings, LLC and/or Lewis E. Taylor, III, to the Bank of Dene checking account of Plaintiff. Through Bank of Dene's business computer account management system, Plaintiff was able to confirm that his Bank of Dene checking account was credited with the sum of $13, 768, 585.40 on November 10, 2017. These funds to be held free and clear of any liens or holds against Plaintiff's access to those funds.

         On or about November 16, 2017, Plaintiff initiated multiple wire transfers of the funds held in his Bank of Dene account to other banking institutions, such as the Bank of America and U.S. Bank. When Plaintiff initiated the wire transfers, his Bank of Dene account was charged various wire transfer fees for each wire transfer. Every attempted wire transfer failed.

         In December 2017, Plaintiff again initiated a series of wire transfers to transfer his money from his Bank of Dene account to various third parties, and again, each attempted transfer was denied.

         Plaintiff alleges that Defendant Michael Stephen Young intentionally precluded the wire transfers. Plaintiff alleges that Young is the President and Chairman of Bank of Dene and that Defendant Prime Business Services, Inc. is a common law trust for Bank of Dene, directly involved with the bank's overall operations and oversight. Plaintiff brings claims for (1) violations of the Racketeer Influenced and Corrupt Organizations Act of 1970 (“RICO”), 18 U.S.C. Section 1961 et seq.; (2) negligent supervision; (3) breach of contract; (4) breach of the implied covenant of good faith and fair dealing; and (5) fraud and misrepresentation., II. PROCEDURAL BACKGROUND

         Plaintiff filed the Complaint against Bank of Dene, Prime Business Services, and Young on January 12, 2018. Plaintiff filed proof of service to Prime Business Services and Young on January 18, 2018. ECF No. 6.

         Plaintiff filed a Motion for Entry of Clerk's Default on February 23, 2018. ECF No. 9. The Clerk of Court entered default against Prime Business Services and Young on February 26, 2018. ECF No. 10.

         On February 26, 2018, Prime Business Services and Young filed a Motion to Dismiss. ECF No. 11. In the Motion to Dismiss, Prime Business Services and Young argue that the Court lacks jurisdiction because Defendants are part of a sovereign entity, Dene Tribes. Plaintiff filed a Motion to Strike the Motion to Dismiss on March 6, 2018 and a Response on March 12, 2018. ECF Nos. 14, 16. Young filed a Response to Plaintiff's Motion to Strike on March 20, 2018. ECF No. 21.

         Plaintiff filed proof of service to Bank of Dene on March 8, 2018. ECF No. 15. On March 15, 2018, Bank of Dene filed a Motion to Dismiss reiterating the same arguments presented by Prime Business Services and Young at ECF No. 11. ECF No. 17. Plaintiff filed a Response on March 16, 2018. ECF No. 19. Young filed a Reply on March 20, 2018. ECF 20.

         Plaintiff filed a Proposed Discovery Plan on April 14, 2018. ECF No. 24. No. discovery ...


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