CGC HOLDING CO., LLC v. BROAD AND CASSEL

Nos. 13-1255, 13-1257, 13-1258.

773 F.3d 1076 (2014)

CGC HOLDING COMPANY, LLC, a Colorado limited liability company; Crescent Sound Yacht Club, LLC, a Florida limited liability company; Harlem Algonquin LLC, an Illinois limited liability company; and James T. Medick, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. BROAD AND CASSEL, a Florida general partnership; Ronald Gaché; and Carl Romano, Defendants-Appellants. CGC Holding Company, LLC, a Colorado limited liability company; Crescent Sound Yacht Club, LLC, a Florida limited liability company; Harlem Algonquin LLC, an Illinois limited liability company; and James T. Medick, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Sandy Hutchens, also known as Fred Hayes, also known as Moishe Alexander, also known as Moshe Ben Avraham; Tanya Hutchens; Jennifer Hutchens, also known as Jennifer Araujo; H. Jan Luistermans, also known as Herman Luisterman; 1681071 Ontario Inc., an Ontario corporation which has changed its name to Canadian Funding Limited; Northern Capital Investments Ltd, an Ontario corporation; 2800 North Flagler Drive Units 106-107 LLC, a Florida limited liability company; Estate of Judith Hutchens; 129 Laren Street Inc., an Ontario corporation, also known as 2141250 Ontario Inc.; 3415 Errington Avenue Inc., an Ontario corporation, also known as 2129974 Ontario Inc.; 367-369 Howey Drive Inc., an Ontario corporation, also known as 1714530 Ontario Inc.; 3419 Errington Avenue Inc., an Ontario corporation, also known as 2129982 Ontario Inc.; 17 Serpentine Street Inc., an Ontario corporation, also known as 1714529 Ontario Inc.; 720 Cambrian Heights Inc., an Ontario corporation, also known as 2154461 Ontario Inc.; 331 Regent Street Inc., an Ontario corporation, also known as 2126929 Ontario Inc.; 789 Lawson Street Inc., an Ontario corporation, also known as 2128417 Ontario Inc.; 110-114 Pine Street Inc., an Ontario corporation, also known as 2173061 Ontario Inc.; 15-16 Keziah Court Inc., an Ontario corporation, also known as 2128412 Ontario Inc.; 193 Mountain Street Inc., an Ontario corporation, also known as 2141249 Ontario Inc.; 625 Ash Street Inc., an Ontario corporation, also known as 2128413 Ontario Inc.; 364 Morris Street Inc., an Ontario corporation, also known as 2119821 Ontario Inc.; Santan Property Management Inc.; 101 Services Road Inc.; 146 Whitaker Street Inc., an Ontario corporation; JBD Hutchens Family Holdings Inc., an Ontario corporation, also known as 2129981 Ontario Inc.; JBD Holdings; 1697030 Ontario Inc., Defendants-Appellants, and 308 Elgin Street Inc.; 1539006 Ontario Inc.; First Central Holdings Inc.; First Central Mortgage Funding Inc.; Canadian Funding Corporation; Realty 1 Real Estate Services Ltd., Defendants. CGC Holding Company, LLC, a Colorado limited liability company; Crescent Sound Yacht Club, LLC, a Florida limited liability company; Harlem Algonquin LLC, an Illinois limited liability company; and James T. Medick, on behalf of the themselves and all others similarly situated, Plaintiffs-Appellees, v. Alvin Meisels, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 8, 2014.


Attorney(s) appearing for the Case

James D. Kilroy ( Jessica E. Yates with him on the briefs), Snell & Wilmer L.L.P., Denver, CO, for Case No. 13-1255, Appellants.

Steven A. Klenda , Adroit Advocates, LLC, Denver, CO, for Case No. 13-1257, Appellants.

John M. Palmeri ( Heather K. Kelly and Greg S. Hearing with him on the briefs), Gordon & Rees LLP, Denver, CO, for Case No. 13-1258, Appellants.

John F. Head , Head & Associates, P.C., Denver, CO, for Appellees.

Before, KELLY, TYMKOVICH and PHILLIPS, Circuit Judges.


This case requires us to consider the certification of a proposed class action to pursue claims under the Racketeer Influenced and Corrupt Organizations Act (RICO). A class primarily composed of real estate borrowers sued a group of lenders, claiming the lenders conspired to create a fraudulent scheme to obtain non-refundable...

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