United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
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.
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
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
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.
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
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
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.
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.
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.
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.
filed a Proposed Discovery Plan on April 14, 2018. ECF No.
24. No. discovery ...