I do not think that NBS will succeed with these arguments because the strict pleading requirements peculiar to RICO (discussed further below) may result in extensive motion practice directed at dismissing all or parts of the complaint. Decision of these motions can significantly affect the scope of the litigation; eliminating claims will not only obviate discovery and other proceedings related to the claims themselves, but may remove the jurisdictional predicate for supplemental state law claims, fn1275 allowing them to be dismissed as well (usually without prejudice).