Rivera, et al v. AT&T Corp, et al

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-40953
Summary Calendar
In The Matter of: THOMAS A. RIVERA; SONIA DE LA ROSA;
ANTONIO MARTINEZ; JOHN BRAUN,
Debtors.
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THOMAS A. RIVERA; SONIA DE LA ROSA; ROBERT P. MCGUILL;
ISMAEL ESPINOSA; MARICELA GARZA;; STEPHEN PEREZ, for
themselves and on behalf of all others similarly situated,
Appellants,
VERSUS
AT&T CORP.; TIME WARNER, INC.; TELE-COMMUNICATIONS, INC.;
TCI CABLEVISION OF TEXAS, INC.; TEXAS CABLE PARTNERS LP;
KBL CABLESYSTEMS OF THE SOUTHWEST, INC.; TCI CENTRAL, INC.;
TIME WARNER ENTERTAINMENT COMPANY LP; TWI CABLE, INC.,
Appellee.
Appeal from the United States District Court
For the Southern District of Texas
(V-00-CV-93)
March 25, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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PER CURIAM:*
The “Rivera appellants” (as defined in their Notice of Appeal
filed under date of July 20, 2001) brought this suit against AT&T
Corporation and the other corporations named in their Notice of
Appeal (the “cable television providers”) asserting a civil class
action on behalf of themselves and other similarly situated under
the federal Racketeering Influenced and Corrupt Organizations Act
(RICO) premised upon the theory that the cable television providers
were violating RICO by charging a $3 or $5 monthly fee for late
payment of bills for television services. The cable television
providers moved to dismiss the Rivera appellants’ lawsuit under
Rule 12(b)(6) because the Rivera appellants’ petition failed to
state a claim or cause of action upon which recovery could be made.
The district judge granted such motion after entering a 12-page
order which carefully analyzed the Rivera appellants’ petition.
The Rivera appellants now appeal to this Court.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record itself. For
the reasons stated by the district court in its Order of Dismissal

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filed April 18, 2001, we affirm the decision of the district court
to dismiss with prejudice all of the Rivera appellants’ claims
against the cable television providers.
AFFIRMED.

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