In the United States Court of Appeals for the Fifth Circuit
Case: 14-20128 Document: 00513700292 Page: 1 Date Filed: 09/30/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-20128 FILED September 30, 2016 Lyle W. Cayce JUAN RAMON TORRES; EUGENE ROBISON, Clerk Plaintiffs - Appellees v. S.G.E. MANAGEMENT, L.L.C.; STREAM GAS & ELECTRIC, L.T.D.; STREAM S.P.E. G.P., L.L.C; STREAM S.P.E., L.T.D.; IGNITE HOLDINGS, L.T.D; ET AL, Defendants - Appellants Appeal from the United States District Court for the Southern District of Texas Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, WIENER, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, and COSTA, Circuit Judges. WIENER and COSTA, Circuit Judges, joined by STEWART, Chief Judge, and DAVIS, SMITH, DENNIS, PRADO, ELROD, SOUTHWICK, GRAVES, HIGGINSON, Circuit Judges : The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961–68, alleging that Stream Energy, through its multi-level marketing program, Ignite, as well as a number of other defendants, (collectively the “Defendants”) operated a fraudulent pyramid scheme. The Plaintiffs allege that the fraud has Case: 14-20128 Document: 00513700292 Page: 2 Date Filed: 09/30/2016 No. 14-20128 caused them financial losses. The district court certified a class of plaintiffs (the “Plaintiffs”), comprising those who lost money participating as Independent Associates (“IAs”) in Ignite’s program. We now review that certification en banc. I. Stream Energy sells gas and electricity to customers in Texas, Georgia, Pennsylvania, Maryland, New Jersey, New York, and the District of Columbia.
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