Full opinion text
OPINION GREENAWAY, District Judge. Plaintiffs are undocumented immigrants who have provided janitorial services at Defendant’s retail stores nationwide. By this action, they assert claims against Defendant Wal-Mart Stores, Inc. (“Defendant” or “Wal-Mart”), pursuant to the Racketeer Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1962(c) and (d) (1996); the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 206 and 207 (1996); the Civil Rights Act of 1871 (“section 1985”), 42 U.S.C. § 1985(3) (1996); and common law. Wal-Mart has moved to dismiss the entire complaint, pursuant to Fed.R.Civ.P. 12(b)(6). The motion is granted as to Plaintiffs’ RICO and Section 1985 claims, and denied as to Plaintiffs’ FLSA and common law claims. BACKGROUND Defendant Wal-Mart, by its own account, is the nation’s largest private employer. (Defendant’s Brief dated March 19, 2004 (“Def. Br.”), at 2.) The named plaintiffs are undocumented immigrants who worked as janitors in various Wal-Mart retail store locations across the country. The allegations in the revised first amended complaint are accepted (and set forth below) as true for purposes of deciding this motion. See FED. R. CIV. P. 12(b)(6); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384 (3d Cir.1994). I. Law Enforcement Actions Against Wal-Mart On October 23, 2003, four months before Plaintiffs filed their amended complaint in this Court, the United States Immigration and Customs Enforcement (“USICE”) officers raided Wal-Mart retail stores in 21 states. (Revised Amended Complaint dated October 28, 2004 (“RAC”), at ¶2.) Federal agents who conducted these raids as part of “Operation Rollback” arrested hundreds of janitors, including 12 of the named plaintiffs, for alleged immigration violations. (RAC ¶ 2.) Federal agents also raided Defendant’s headquarters in Arkansas and seized documents and materials in support of a criminal investigation by the United States Attorney of the Middle District of Pennsylvania. (RAC ¶ 2.) The janitors arrested as part of Operation Rollback were undocumented immigrants from Mexico, the Czech Republic, Mongolia, Brazil, Uzbekistan, Poland, Russia, Georgia, and Lithuania. (RAC ¶ 2.) The named plaintiffs resided in New Jersey, Texas, Alabama, Florida, Virginia, Michigan, and Connecticut. At least 10 of the immigrants arrested in Arizona and Kentucky were employed directly by Wal-Mart. (RAC ¶ 2.) Others were employed through maintenance contractors. (RAC ¶ 2.) Operation Rollback was not the first raid on Wal-Mart stores or on its headquarters. Federal agents raided Wal-Mart stores in St. Louis, Missouri in 1997 and 1998 and arrested janitors who had been working illegally in those stores. (RAC ¶ 42.) In addition, on June 7, 2002, the United States raided numerous Wal-Mart stores and filed a Verified Complaint of Forfeiture (“Forfeiture Action”), in the Middle District of Pennsylvania against various contractors. (RAC ¶ 42.) The United States asserted that the contractors committed various criminal offenses — indeed, the very same violations that Wal-Mart allegedly committed in this action. See infra. As a result of these raids, federal agents arrested roughly 80 janitors believed to be undocumented immigrants from Uzbekistan, Georgia, Armenia, Estonia, Russia, Bulgaria, Mongolia, Lithuania, Poland, and the Czech Republic. (RAC ¶ 42.) This action is also not the first time that a Wal-Mart contractor is alleged to have participated in immigration-related offenses. (RAC ¶ 43.) On June 4, 2001, one of Wal-Mart’s maintenance contractors pled guilty in federal court to charges that she had harbored illegal aliens and committed related offenses. The contractor received a 7 month sentence and was fined $2,000. (RAC ¶ 43.) At that time, a spokesperson for Wal-Mart denied having any knowledge of the company’s use of undocumented labor. (RAC ¶ 43.) Plaintiffs allege that, based on this history, Wal-Mart was aware that it was, and has been, employing unlawfully, hundreds of undocumented immigrants for janitorial positions, notwithstanding its frequent and nationwide use of maintenance contractors. (RAC ¶ 41.) Because of this alleged pattern of conduct, Wal-Mart has been under investigation by federal law enforcement authorities for over five years. (RAC ¶ 42.) II. The Alleged Criminal Enterprise Plaintiffs allege that they were harmed by an ongoing “exploitative criminal enterprise” (herein the “Wal-Mart Enterprise”) comprised of Wal-Mart and its various maintenance contractors, acting as Wal-Mart’s co-conspirators or agents. (RAC ¶¶ 1, 36, 40.) Plaintiffs claim that the Wal-Mart Enterprise systematically employed, harbored, and trafficked in the labor of immigrants, aided and abetted violation of the immigration laws, failed to pay their wages and overtime and benefits as required, and concealed their profits and practices from detection. (RAC ¶¶ 1, 36, 57.) More specifically, the Wal-Mart Enterprise operated as follows: participants in the Wal-Mart Enterprise violated the immigration laws to secure workers who could be exploited easily based on their undocumented status. It targeted, encouraged, harbored, trafficked, and employed undocumented aliens, specifically because they were a vulnerable population. (RAC ¶¶ 36, 39, 46, 47.) The Wal-Mart Enterprise exploited them in any number of ways — by obligating them to work in excess of the statutory maximum number of hours, every day of the week, denying them of lawful pay and benefits under the FLSA, as well as time for sick leave, meals or breaks, and paying them in cash without withholding payroll taxes. (RAC ¶ 41). The Wal-Mart Enterprise also easily could, and did, hide them from law enforcement authorities, by threatening them with deportation or locking them into the stores for the duration of their shifts. (RAC ¶ 41.) Plaintiffs allege that, regardless of whether the janitors were hired directly by Wal-Mart or by a contractor, the terms of employment were illegal, and the same. (RAC ¶ 41.) Plaintiffs further allege that the Wal-Mart Enterprise used the mails and wire in order to operate the scheme, and concealed and prolonged the existence of the enterprise by money laundering. (RAC ¶ 41.) STANDARD OF REVIEW On a motion to dismiss, pursuant to Rule 12(b)(6), the court is required to accept as true all allegations in the complaint and all reasonable inferences that can be drawn therefrom, and to view them in the light most favorable to the non-moving party. See Oshiver, 38 F.3d at 1384. The question is whether the claimant can prove any set of facts consistent with his or her allegations that will entitle him or her to relief, not whether that person will ultimately prevail. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984). While a court will accept well-pled allegations as true for the purposes of the motion, it will not accept unsupported conclusions, unwarranted inferences, or sweeping legal conclusions cast in the form of actual allegations. See Miree v. DeKalb, 433 U.S. 25, 27 n. 2, 97 S.Ct. 2490, 53 L.Ed.2d 557 (1977). Moreover, the claimant must set forth sufficient information to outline the elements of his claims or to permit inferences to be drawn that these elements exist. See FED. R. CIV. P. 8(a)(2); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). In deciding a Rule 12(b)(6) motion, the court may consider the allegations of the complaint, as well as documents attached to or specifically referenced in the complaint, and matters of public record. See Pittsburgh v. W. Penn Power Co., 147 F.3d 256, 259 (3d Cir.1998); see also 5A CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE & PROCEDURE § 1357 (3d ed.2004). “Plaintiffs cannot prevent a court from looking at the texts of the document on which its claim is based by failing to attach or explicitly cite them.” In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir.1997). DISCUSSION Defendant Wal-Mart has moved to dismiss the complaint in its entirety. There are five counts to the complaint, which seek relief pursuant to: (1) RICO, 18 U.S.C. § 1962(c) (Count 1); (2) RICO conspiracy, 18 U.S.C. § 1962(d) (Count 2); (3) 42 U.S.C. § 1985(3) (Count 3); (4) FLSA, 29 U.S.C. §§ 206 and 207 (Count 4); and (5) common law false imprisonment (Count 5). For the reasons set forth below, this Court grants Defendant’s motion with respect to Counts 1, 2, and 3, and denies the motion with respect to Counts 4 and 5. I. Count 1 — RICO Enterprise Claim Plaintiffs allege that Wal-Mart and its contractors formed an unlawful “Wal-Mart Enterprise,” in the form of an association-in-fact, for “the purpose of profiting from a systematic violation of immigration and labor, wage and hour laws and other laws.” (RAC ¶ 64.) Plaintiffs assert that the members of the Wal-Mart Enterprise conducted the affairs of the enterprise “by employing, harboring, and trafficking in the labor of the plaintiff immigrants, failing to pay their wages and overtime and benefits as required by federal and state law, and concealing their profits and practices from detection.” (RAC ¶ 36.) More specifically, they allege that Wal-Mart and its maintenance contractors engaged in, or aided and abetted, various racketeering activities, including: harboring, transporting, and encouraging undocumented aliens; conspiring to commit these immigration law violations; committing these immigration law violations for financial gain; involuntary servitude; money laundering; and mail and wire fraud. (RAC ¶ 67.) These activities are alleged to constitute a “pattern of racketeering” within the meaning of RICO, and since 1996 and continuing to the present, “were related to each other by virtue of’ common participants, victims, method of commission, and purpose. (RAC ¶ 68.) The alleged result of these activities has been to deny Plaintiffs the protection of wage and hour laws and other laws in order to “enrich Wal-Mart” at Plaintiffs’ expense. (RAC ¶ 68.) Wal-Mart argues that Plaintiffs lack standing to assert a RICO enterprise claim in Count 1 of the complaint, since the injuries were not caused proximately by the alleged RICO activities and because the plaintiffs were not harmed by, but in fact benefítted from, the alleged racketeering activity. Wal-Mart further contends that Plaintiffs’ RICO claim also fails because they failed to plead a “separate and distinct” enterprise, Wal-Mart’s “operation or management” of the enterprise, and “viable predicate offenses,” each of which are necessary for a RICO claim to survive. (Def. Br. at 4.) For the reasons set forth below, this Court concludes that Plaintiffs have not alleged two underlying predicate acts sufficient to state a RICO claim. Accordingly, this Court need not address each of Wal-Mart’s bases in support of dismissal of this claim at this time. Wal-Mart’s motion to dismiss Count 1 shall be granted, and Count 1 shall be dismissed without prejudice. Because this Court cannot conclude that amendment would be futile, Plaintiffs shall have the opportunity to amend Count 1, if they so choose, within 45 days of the entry of this Opinion. A. Relevant Law It is unlawful “for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.” 18 U.S.C. § 1962(b); see also Lum v. Bank of Am., 361 F.3d 217, 223 (3d Cir.2004) (stating that, to plead a RICO claim, a plaintiff must allege: (1) conduct; (2) of an enterprise; (3) through a pattern; (4) of racketeering activity). A “person” is “any individual or entity capable of holding a legal or beneficial interest in property.” See 18 U.S.C. § 1961(3). An “enterprise” includes “any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” 18 U.S.C. § 1961(4). A “pattern of racketeering activity” requires “at least two acts of racketeering activity,” as defined at 18 U.S.C. § 1961(1). See 18 U.S.C. § 1961(5). “Racketeering activity” includes any act which is indictable under 18 U.S.C. § 1341 (mail fraud); 18 U.S.C. § 1343 (wire fraud); 18 U.S.C. § 1956 (money laundering); and 18 U.S.C. §§ 1581-1588 (peonage and slavery). See 18 U.S.C. § 1961(1)(B). It also encompasses “any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain.” See 18 U.S.C. § 1961(1)(F). B. Sufficiency of Allegations of Predicate Acts In order to state a claim for relief under RICO, Plaintiffs must allege that Wal-Mart engaged in at least two underlying predicate acts of racketeering, as enumerated in the statute. See 18 U.S.C. § 1961. Plaintiffs allege that Defendant engaged in the following predicate acts: (1) transporting undocumented aliens, 8 U.S.C. § 1324(a)(l)(A)(ii); (2) harboring undocumented aliens, 8 U.S.C. § 1324(a)(l)(A)(iii); (3) encouraging undocumented aliens to reside in the United States, 8 U.S.C. § 1324(a)(l)(A)(iv); (4) conspiring to transport, harbor, and encourage illegal aliens to reside in the United States, 8 U.S.C. § 1324(a)(l)(A)(v)(I); (5) aiding and abetting the transportation, harboring and encouraging of illegal aliens to reside in the United States, 8 U.S.C. § 1324(a)(l)(A)(v)(II); (6) committing the above offenses for financial gain, 8 U.S.C. § 1324(a)(1)(B)®; (7) engaging in a pattern and practice of hiring and employing illegal aliens, 8 U.S.C. § 1324(a)(3)(A); (8) involuntary servitude, 18 U.S.C. § 1584; (9) money laundering of the proceeds of the criminal acts, 18 U.S.C. §§ 1956(a)(1)(A)®; 1956(a)(1)(B)®, 1956(a)(l)(B)(ii), 1956(a)(3)(A), 1956(a)(3)(B), and 1956(a)(3)(C); and (10)mail and wire fraud, 18 U.S.C. §§ 1341 and 1343. (RAC ¶ 37.) Because Plaintiffs’ allegations do not support the existence of at least two predicate acts to support a substantive RICO claim under § 1962(c), Wal-Mart’s motion to dismiss the RICO claim is granted, and Plaintiffs’ RICO enterprise claim is dismissed without prejudice. 1. Immigration Predicate Acts Plaintiffs assert that the “parties who make up the Wal-Mart Enterprise participated in its affairs” by committing various immigration-related predicate acts, including transporting, harboring, and encouraging Plaintiffs, aliens who are unlawfully present in the United States, as well as by conspiring to commit, and aiding and abetting, these predicate acts. (RAC ¶ 37.) More specifically, Plaintiffs allege that maintenance contractors transported, harbored, and encouraged Plaintiffs, and that Wal-Mart, with knowledge of Plaintiffs’ unlawful status, “condoned” and “aided and abetted” these activities. (RAC ¶ 44.) The allegations that Wal-Mart, as part of the Wal-Mart Enterprise, engaged in, aided and abetted, or conspired to commit, these immigration predicate acts are insufficient to state a claim against Wal-Mart. The allegations that Wal-Mart also committed the predicate act of hiring ten or more employees who were brought illegally into the United States are also deficient. This Court addresses the deficiencies of each of these predicate acts below, a. Transporting Violation of the prohibition against transporting requires proof that: (1) the alien was unlawfully present in the United States; (2) the defendant knew or recklessly disregarded the fact that the alien was in violation of the law; (3) the defendant knowingly transported or moved, or attempted to transport or move, the illegal alien “by means of transportation or otherwise”; and (4) the transporting or moving was done in furtherance of the alien’s illegal presence in the United States. See 8 U.S.C. § 1324(a)(1)(A)(ii); United States v. Romero-Cruz, 201 F.3d 374, 378 (5th Cir.2000); United States v. Diaz, 936 F.2d 786, 788 (5th Cir.1991). Based on a review of the complaint, it appears that Plaintiffs have not alleged sufficient facts from which this Court could infer that Wal-Mart violated the prohibition against transporting. Although Plaintiffs appear to have alleged sufficient facts concerning the first two elements of the offense of transporting (RAC ¶¶ 2, 3, 4, 40, 42, 44), their allegations with respect to the third and fourth elements fall short. More specifically, the allegations of transporting or attempted transporting of aliens unlawfully present in the United States, in furtherance of their illegal presence, are insufficient, if not altogether absent. The allegation that most closely approximates an assertion of transporting states: Upon [Plaintiff Kune’s] arrival he was met by a Wal-Mart contractor named Patrick (last name unknown) who transported Kune to suburban Virginia where he was lodged and put to work at Wal-Mart. Wal-Mart management knew that Kune was an alien without work authorization, yet, consistent with the aims of and tactics employed by the Enterprise, Wal-Mart continued to employ Kune as a janitor in its stores. On information and belief, this contractor and many others operating in the Wal-Mart Enterprise, encouraged, assisted and facilitated the entry and transport of many other undocumented foreign nationals to the United States and employment in Wal-Mart. (RAC ¶44.) Based on these allegations, this Court cannot conclude that Plaintiffs have stated a claim of unlawful transporting against Wal-Mart. Furthering an illegal presence, for purposes of stating the predicate act of transporting, involves more than transporting the undocumented worker to his or her place of employment. See, e.g., System Mgmt., Inc. v. Loiselle, 91 F.Supp.2d 401, 411 (D.Mass.2000); United States v. Moreno-Duque, 718 F.Supp. 254, 258-59 (D.Vt.1989) (both stating that allegations of merely transporting aliens to work is insufficient for purposes of stating a claim of transporting); see also United States v. Chavez-Palacios, 30 F.3d 1290, 1294 (10th Cir.1994) (stating that “mere transportation of an illegal alien is, without more, insufficient as a matter of law to support a conviction under this statute”). Here, even if this Court assumes the truth of Plaintiffs’ allegations, namely, that Wal-Mart hired Plaintiffs, with knowledge or reckless disregard for their unlawful immigration status, they are insufficient to support the claim that Wal-Mart transported aliens in violation of 8 U.S.C. § 1324(a)(1) (A) (ii). Furthermore, Plaintiffs also have not alleged sufficient facts that reasonably suggest that Wal-Mart conspired to further an alien’s illegal presence or aided and abetted that illegal presence. See 8 U.S.C. § 1324(a)(l)(A)(v)(I). According to the allegations related to Plaintiff Kune, a Wal-Mart contractor “and many others ... assisted and facilitated” the transport of undocumented workers and their employment at Wal-Mart stores. (RAC ¶ 44.) However, based on a review of the pleadings, it is unclear how Wal-Mart conspired to transport and further the illegal presence of aliens. In addition, for purposes of alleging a claim of .aiding and abetting, Plaintiffs must allege facts regarding Wal-Mart’s participation in the offense, i.e., what “affirmative conduct” it undertook to “aid the venture.” Romero-Cruz, 201 F.3d at 378; 8 U.S.C. § 1324(a)(l)(v)(II). In Romero-Cruz, the court affirmed the defendant’s convictions for transporting illegal aliens, because there was evidence that the defendant had engaged in “affirmative conduct designed to aid in the venture of transporting the aliens further north.” 201 F.3d at 379. In Romero-Cruz, the trial evidence indicated that the defendant had driven a pickup truck to a motel, “conversed with a group of aliens after they signaled to him, and directed them to lie down in the truck ... [and] retained control of the truck until [another person] arrived ... [and] talked with someone in [a] blue car before climbing into the passenger cab of the truck.” Id. By contrast, in this case, Plaintiffs have not alleged sufficient facts to state a claim that Wal-Mart conspired to commit, or aided and abetted, this particular predicate act. In their opposition brief, Plaintiffs argue, in conclusory fashion, that “Wal-Mart ... aided and abetted [immigration predicates]” (PI. Br. at 28), but they do not allege facts in the complaint to show that Wal-Mart conspired to commit unlawful acts of transporting, or what affirmative steps or aid Wal-Mart provided to the unlawful transporting of aliens. Accordingly, Plaintiffs cannot rely upon transporting, conspiring to transport, or aiding and abetting the transport of, undocumented workers as one of the predicate acts constituting a pattern of racketeering necessary to state a RICO claim, b. Harboring Plaintiffs also have not alleged sufficient facts to support the predicate acts of harboring, conspiracy to harbor, or aiding and abetting the harboring of, undocumented aliens. The predicate act of harboring requires a showing that the defendant: (1) knows or recklessly disregards the fact that an alien is illegally in this country; and (2) conceals, harbors, or shields, or attempts to conceal, harbor or shield, the alien from detection. See 8 U.S.C. § 1324(a)(l)(A)(iii). Where, as here, the statute does not define certain of its terms, courts rely on the ordinary definitions of those terms. See, e.g., United States v. Zheng, 306 F.3d 1080, 1085 (11th Cir.2002) (stating that terms of a criminal statute that are not defined statutorily are ascribed their ordinary or natural meaning, and relying on dictionaries and “common sense” to interpret undefined terms); United States v. Yoshida, 303 F.3d 1145, 1151 (9th Cir. 2002) (“In the absence [of a statutory definition], we construe a statutory term in accordance with its ordinary or natural meaning.”) (quoting FDIC v. Meyer, 510 U.S. 471, 476, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994)). Thus, to “harbor” is to “give shelter or refuge to” or “to be the home or habitat of’; to “conceal” is “to prevent disclosure or recognition of’ or “to place out of sight”; and to “shield” is to “protect with or as if with a shield” or “provide with a protective cover or shelter” or “to cut off from observation” or “hide.” See Merriam-Webster On-Line Dictionary, http://www.merriamwebster.com. None of the allegations sufficiently allege these acts. It is difficult to determine which allegations address concealment or shielding. The relevant allegations concerning harboring, however, relate to the facts surrounding the conviction of a former Wal-Mart contractor (RAC ¶ 43), and to Plaintiff Kune, who was “lodged” and then “put to work” by another Wal-Mart contractor. (RAC ¶ 44.) These allegations are insufficient. For example, providing housing and employment may constitute “harboring” for “financial gain,” but this is not what has been alleged against Wal-Mart. Zheng, 306 F.3d at 1083 (involving undocumented aliens who lived in the defendant’s house, without paying rent, and worked at the defendant’s restaurant six days a week, twelve hours a day). Harboring also might be alleged where, in addition to employing undocumented aliens, a store owner, for example, also provides a back room of the store as a residence. See United States v. Singh, 261 F.3d 530, 533 (5th Cir.2001). Here, however, Plaintiffs allege that Wal-Mart hired, and continued to employ, Kune, despite its knowledge that Kune was not authorized to work in the United States, not that Wal-Mart harbored illegal aliens. A contractor’s “lodging” of an undocumented worker and “putting him to work” falls short of alleging that Wal-Mart sheltered undocumented aliens for the purposes of concealing them and avoiding their detection by immigration authorities. While this Court might infer from the allegations in the complaint that Wal-Mart recklessly disregarded the illegal status of Plaintiffs when it employed them as janitorial or maintenance workers at their various retail locations, it is unclear what alleged conduct by Wal-Mart might constitute the concealing, harboring or shielding of illegal aliens from detection. Setting aside the insufficiency of the allegations concerning whether Wal-Mart was involved directly in harboring Kune, or other plaintiffs in this action, it also is unclear how Wal-Mart aided and abetted acts of harboring. At most, Plaintiffs have alleged that Wal-Mart “continued” its association with its maintenance contractors and its employment of undocumented workers as janitors in its stores. (RAC ¶ 43.) In sum, these allegations are insufficient to state a claim of harboring, conspiracy to harbor, or aiding and abetting harboring. c. Encouraging To state an encouraging claim, a plaintiff must allege that: (1) the defendant encouraged or induced an alien to come to, or remain in, the United States; and (2) while knowing or recklessly disregarding the fact that coming to, or remaining in, the United States would be, or is, unlawful. See 8 U.S.C. § 1324(a)(l)(A)(iv). Various acts may amount to encouraging. For example, providing aliens with information at an airport about their departure for the United States, concealing the baggage check claims of the aliens, and leading them to the boarding gate for departure to the United States, taken together, has been sufficient to prove unlawful encouraging under § 1324(a)(1)(A.)(iv). Yoshida, 303 F.3d at 1150-51. Encouraging may also consist of taking actions to “convince the illegal alien to come to this country or to stay in this country.” United States v. Oloyede, 982 F.2d 133, 137 (4th Cir.1992). In this case, Plaintiffs allege that “contractors who supplied janitorial labor to Wal-Mart encouraged foreign nationals to enter the United States through promises of employment placed in various media outlets.” (RAC ¶ 44.) Plaintiffs further allege: [P]laintiff Kune was encouraged to enter the United States to work illegally through media advertisements run in his native Czech Republic in February 2003 that promised employment in the United States for a fee of $1,500. When Kune responded to the ad, a Wal-Mart contractor instructed him to fly to Washington, D.C. ... On information and belief, this contractor and many others operating in the Wal-Mart Enterprise, encouraged, assisted and facilitated the entry and transport of many other undocumented foreign nationals to the United States and employment in Wal-Mart (RAC ¶ 44.) These allegations implicate a particular Wal-Mart contractor, but do not state a claim against Wal-Mart for encouraging, conspiracy to encourage, or aiding and abetting the encouraging of illegal aliens. See 8 U.S.C. § 1324(a)(l)(A)(v)(I)-(II). As alleged, Wal-Mart hired undocumented workers to fill its janitorial and maintenance positions, but the complaint fails to allege, as it must, that Wal-Mart took affirmative steps to assist Plaintiffs to enter or remain unlawfully in the United States, or that Wal-Mart agreed to undertake conduct with the purpose of unlawfully encouraging undocumented aliens. d. Hiring Aliens Brought into the United States Plaintiffs also seek to allege that Wal-Mart hired aliens brought into the United States, in violation of 8 U.S.C. § 1324(a)(3)(A). Under this provision, any person “who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subpara-graph (B) shall be fined under Title 18, or imprisoned for not more than 5 years, or both.” Subparagraph (B) defines an “alien” as an alien who “is unauthorized ... and has been brought into the United States in violation of this subsection.” 8 U.S.C. § 1324(a)(3)(B) (emphasis added). The allegations in support of this predicate act are insufficient because § 1324(a)(3)(A) reaches the employment of those aliens as defined in subparagraph (B), and Plaintiffs’ allegations fall short of meeting the statutory definition of “alien” at subparagraph (B). Subparagraph (B) requires Plaintiffs to allege that Wal-Mart had actual knowledge that the aliens not only were “unlawfully present in the United States,” but also were “brought into the United States in violation of this subsection.” Here, Plaintiffs have not alleged sufficient facts to meet the latter element. In Loiselle, 91 F.Supp.2d at 408, the plaintiffs had asserted § 1324(a)(3) as a predicate act in support of their RICO claim against the defendant, but the claim was dismissed for the same deficiency. Loiselle concluded that, although the plaintiffs had alleged that the defendant knew of the aliens’ illegal status, they had omitted “any factual allegation as to how the aliens had been brought into the United States and that they were brought into the United States in violation of this employment provision.” Id. Loiselle further decided that the claim had to be dismissed, because “for liability to attach ... the aliens [must] have been brought into the country by an employer for the purpose of illegal employment” and the plaintiffs were required to allege that the defendant “had knowledge of how the aliens had been brought into the United States and that they were brought into the United States in violation of this employment provision.” Id. The latter requirement was justified because, as Loiselle observed, § 1324(a)(3) was part of Section 274 of the Immigration and Nationality Act (“INA”), which is entitled (and intended to reach) “Bringing and harboring certain aliens.” Section 274 should be distinguished from Section 274a of the INA, which is entitled (and governs) “Unlawful employment of aliens,” and which is not a RICO predicate act. Id. at 408-09. This Court agrees that this particular predicate act requires a showing of actual knowledge that the aliens were brought into the United States for the purpose of obtaining unlawful employment. The text of § 1324(a)(3) itself requires that the defendant have actual knowledge that the employee is an alien — as that term has been defined in subparagraph (B) — which means that the defendant must have knowledge of not only the alien’s unauthorized presence but also that the alien “has been brought into the United States in violation of this subsection.” There are no such allegations in the complaint to support this latter element. In addition, the fact that the provision falls within the section of the statute that covers the “bringing” of aliens to the United States reflects the importance of the requirement that the defendant have actual knowledge of the circumstances surrounding the alien’s entry into the United States. As Loiselle noted, a separate provision already makes it unlawful for employers to- knowingly hire aliens whose presence is unauthorized, see 8 U.S.C. § 1324a(a)(l)(A), but this statute is not a predicate act for purposes of stating a RICO enterprise claim. Plaintiffs are required to allege something more than the fact that Wal-Mart hired aliens whom they knew to lack work authorization, in order to state a § 1324(a)(3)(A) predicate act. 2. Involuntary Servitude Plaintiffs also allege that Wal-Mart violated the prohibition against involuntary servitude, which also constitutes a predicate act of racketeering. The federal law prohibiting involuntary servitude, 18 U.S.C. § 1584, provides: Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnaping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both. In United States v. Kozminski, 487 U.S. 931, 953, 108 S.Ct. 2751, 101 L.Ed.2d 788 (1988), the Supreme Court, construing 18 U.S.C. § 1584, held that “involuntary servitude” meant “ a condition of servitude in which the victim is forced to work for the defendant by the use of threat of physical restraint or physical injury, or by the use or threat of coercion through law or the legal process” and “encompasses those cases in which the defendant holds the victim in servitude by placing the victim in fear of such physical restraint or injury or legal coercion.” The Court observed that it was “possible” that threatening an immigrant with deportation might amount to a “threat of legal coercion” that results in involuntary servitude, and that a person’s special vulnerabilities may be a relevant consideration in determining whether a particular type of physical or legal coercion may be sufficient to hold a person in involuntary servitude. Id. at 948, 108 S.Ct. 2751; see also United States v. Veerapol, 312 F.3d 1128, 1132 (9th Cir.2002). At the same time, the Court also expressly endorsed Judge Friendly’s observation in United States v. Shackney, 333 F.2d 475, 487 (2d Cir.1964) (reversing convictions under § 1584): The most ardent believer in civil rights legislation might not think that cause would be advanced by permitting the awful machinery of the criminal law to be brought into play whenever an employee asserts that his will to quit has been subdued by a threat which seriously affects his future welfare but as to which he still has a choice, however painful. Kozminski, 487 U.S. at 950, 108 S.Ct. 2751 (quoting Shackney). In Shackney, the Court of Appeals concluded: [W]e see no basis for concluding that because the statute can be satisfied by a credible threat of imprisonment, it should also be considered satisfied by a threat to have the employee sent back to the country of his origin, at least absent circumstances which would make such deportation equivalent to imprisonment or worse ... a holding in involuntary servitude means to us action by the master causing the servant to have, or to believe he has, no way to avoid continued service or confinement ... not a situation where the servant knows he has a choice between continued service and freedom, even if the master has led him to believe that the choice may entail consequences that are exceedingly bad ... While a credible threat of deportation may come close to the line, it still leaves the employee with a choice, and we do not see how we could fairly bring it within § 1584 without encompassing other types of threat ... Friction over employment punctuated by hotheaded threats is well known and inevitable. But the subjugation of another’s will is more easily accused than accomplished. There must be “law or force” that “compels performance or a continuance of the service” for the statute to be violated. 333 F.2d at 486-87 (internal citation omitted). In the instant case, Plaintiffs allege that Wal-Mart’s contractors threatened some of the undocumented janitorial workers with deportation. (RAC ¶¶ 20, 21, 47.) These allegations also include the claim that at least two plaintiffs were “abused” but do not identify who was directing or perpetrating the abuse, or the nature of the abuse that some of these plaintiffs may have endured. In addition, Plaintiffs allege that they were “forced to work” under threats of coercion. These allegations of involuntary servitude are insufficient. As Shackney already observed, “[wjhile a credible threat of deportation may come close to the line, it still leaves the employee with a choice, and we do not see how we could fairly bring it within § 1584.” 333 F.2d at 486 (also stating that “the servant [still] knows he has a choice between continued service and freedom, even if the master has led him to believe that the choice may entail consequences that are exceedingly bad”). Plaintiffs have not alleged that they did not have any way to avoid “continued service or confinement.” Thus, the complaint fails to allege the predicate act of involuntary servitude. 3. Mail and Wire Fraud Plaintiffs allege that the “parties who make up the Wal-Mart Enterprise” committed mail and wire fraud, in violation of 18 U.S.C. §§ 1341 and 1343. (RAC ¶ 37.) They further allege that “[u]se of the mails and wire were, on information and belief, essential to the operation of the scheme.” (RAC ¶ 41.) Wal-Mart is alleged to have “furthered the aims and goals of the Wal-Mart Enterprise through the routine use of the mails and means of wire communications.” (RAC ¶ 60.) The complaint alleges the following: On information and belief, contracts for janitorial services, movies, invoices, written and oral communications related to the provision of janitorial services were routinely sent by either mail or wire transmissions in interstate commerce throughout the time the Wal-Mart Enterprise flourished. The use of the mails and wire transmissions are integral to the operation of the enterprise and the means participants in the Enterprise use to avoid detection and safeguard the proceeds of their illegal activities. The documents and more specific information as to these mailings and wire transmissions are in the exclusive possession and control of Wal-Mart and its contractors (and possibly federal law enforcement officials in connection with the ongoing grand jury proceedings), and plaintiffs’ counsel was unsuccessful in efforts to obtain these documents ... more specific allegations as to this information by plaintiffs will have to await some discovery in this case. (RAC ¶ 60.) Based on these allegations, Plaintiffs assert that they can state a RICO claim against Wal-Mart because they engaged in at least two predicate acts of racketeering — mail and wire fraud. This Court disagrees. Plaintiffs have failed to allege sufficient facts from which this Court could infer that Wal-Mart may have engaged in mail or wire fraud as part of its involvement in the Wal-Mart Enterprise. As a general matter, the pleadings do not place Wal-Mart on notice of what it may or may not have done, by way of mail or wire fraud, as part of an alleged pattern of racketeering. See Driscoll v. Landmark Bank Sav., 758 F.Supp. 48, 52 (D.Mass.1991) (stating that the particularity required in pleading fraud protects defendants from unfair surprise, the use of fraud claims as pretext to discover a wrong, and frivolous, but damaging, charges). Moreover, the fraud-related predicate acts, as alleged in Count 1, fail to meet the standard of particularity set forth under the Rules. See FED. R. CIV. P. 9(b). The pleading standard set forth in Rule 9(b) is “particularly important in civil RICO pleadings in which the predicate racketeering acts are critical to the sufficiency of the RICO claim.” See Balthazar v. Atlantic City Med. Ctr., 279 F.Supp.2d 574, 591 (D.N.J.2003). In order to satisfy Rule 9 pleading standards, “plaintiffs must allege what happened to them.” See Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644, 659 (3d Cir.1998) (also noting that, prior to the certification of a class, the sufficiency of the allegations must be measured as against the particular plaintiffs in the action). Allegations of fraud require “some measure of substantiation.” Seville Indus. Machinery Corp. v. Southmost Machinery Corp., 742 F.2d 786, 791 (3d Cir.1984); see also Rose v. Battle, 871 F.2d 331, 356 n. 33 (3d Cir.1989) (stating that, when the predicate acts of a RICO complaint sound in fraud, Rule 9(b) applies). Accordingly, the plaintiffs should plead the “date, place or time” of the fraud or, through some other means, “inject[] precision and some measure of substantiation” into their allegations of fraud. Lum, 361 F.3d at 224 (involving a RICO claim based on mail and wire fraud). The parties asserting fraud should allege “who made a misrepresentation to whom and the general content of the misrepresentation.” See id. Allegations generally asserting that defendants may have made misrepresentations and committed mail and wire fraud are not enough. See A-Valey Eng’rs, Inc. v. Bd. of Chosen Freeholders of Camden, 106 F.Supp.2d 711, 716 (D.N.J.2000). Although courts should not “focus ‘too narrowly’ on the particularity language of Rule 9(b)” but rather, should take into account the “ ‘general simplicity and flexibility contemplated by the rules,’ ” see Boyle v. D’Onofrio, 99 F.Supp.2d 541, 546-47 (D.N.J.2000), “it is well settled that Rule 9(b) applies even when the fraud relates to matters within the knowledge of the defendant and that allegations based on information and belief do not satisfy Rule 9(b) unless the complaint sets forth the facts upon which the belief is founded.” Driscoll, 758 F.Supp. at 52. Plaintiffs’ allegations of mail and wire fraud are insufficient to suggest that Wal-Mart engaged in these predicate acts. It is unclear to this Court what facts could or would be proven at a later date in order to establish that Wal-Mart engaged in fraud through use of the mails or wires. As Wal-Mart points out, it is unclear what false representations were made to the plaintiffs, or what representations, in furtherance of any fraud, were made by means of mail or wire. (Def. Br. at 21.) Although Rule 9(b) applies to RICO predicate acts based on fraud, courts have differed “concerning the harshness of the outcome when Rule 9(b) is not satisfied.” See Cayman Exploration Corp. v. United Gas Pipe Line Co., 873 F.2d 1357, 1362 (10th Cir.1989). In Alan Neuman Prods. Inc. v. Albright, 862 F.2d 1388, 1392 (9th Cir.1988), the court dismissed the RICO count. In Saporito v. Combustion Eng’g Inc., 843 F.2d 666, 675 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049, 109 S.Ct. 1306, 103 L.Ed.2d 576 (1989), the Third Circuit Court of Appeals granted leave to amend. In New England Data Servs. v. Becher, 829 F.2d 286, 289-90 (1st Cir.1987), the First Circuit Court of Appeals held that, where information is in the defendant’s exclusive control, the court should determine whether the claim as presented warrants further discovery and amendment. See also Shapo v. O’Shaughnessy, 246 F.Supp.2d 935, 955-56 (N.D.Ill. 2002) (stating that the Seventh Circuit Court of Appeals may “loosen” the Rule 9 requirements in cases where discovery is needed to acquire the requisite specificity to state a claim sounding in fraud). “Rule 9(b) requires specific allegations of fraud in civil RICO cases, but the court should make a second determination as to whether the claim as presented warrants the allowance of discovery and if so, thereafter provide an opportunity to amend the defective complaint.” See Saporito, 843 F.2d at 675-76 (internal quotations omitted). Permitting a plaintiff to conduct some discovery prior to filing an amended complaint may be appropriate where the complaint merely lacks “sufficient detail” but otherwise states a cause of action. See State Farm Mut. Auto. Ins. Co. v. Makris, No. 01-5351, 2002 WL 826431, at *3 (E.D.Pa. Apr.29, 2002); Parish v. Beneficial Illinois, Inc., No. 94-4156, 1996 WL 172127 (N.D.Ill. Apr.10, 1996) (following Saporito, 843 F.2d at 67576, among other circuit court decisions, for the view that limited discovery may be allowed when a complaint fails for want of the requisite particularity). The mail and wire fraud predicates are pleaded on information and belief. As a general matter, such allegations are insufficient for purposes of Rule 9(b). See Kimmel v. Peterson, 565 F.Supp. 476, 482 (E.D.Pa.1983). Although the particularity requirement should be “relaxed” when facts may be “peculiarly within the defendant’s knowledge or control,” a conclusory declaration to this effect still does not satisfy Rule 9(b). In re Am. Travellers Corp. Secs. Litig., 806 F.Supp. 547, 554 (E.D.Pa.1992). Even under a more lenient application of Rule 9, a plaintiff “must accompany such an allegation with a statement of the facts upon which their allegation is based” and, although information and belief pleading is permissible, the complaint should set forth “the nature and scope of plaintiffs’ efforts to obtain, before filing the complaint, the information needed to plead with particularity.” Id. (quoting Shapiro v. UJB Fin. Corp., 964 F.2d 272, 285 (3d Cir.1992)) (internal quotations omitted). Plaintiffs continue to bear “the obligation to provide allegations indicating why the charges are not baseless.” In re Am. Travellers Corp. Secs. Litig., 806 F.Supp. at 554. As stated above, this Court concludes that Count 1 should be dismissed without prejudice, and that Plaintiffs should be afforded leave to amend. This conclusion is consistent with this Circuit’s view that plaintiffs typically should be granted leave to amend claims that otherwise are dismissed for lack of particularity. Plaintiffs, however, shall not take preliminary discovery prior to re-pleading this claim. Based on this Court’s review of the complaint, this Court cannot discern the factual basis underlying Plaintiffs’ information-and-belief pleading. This Court is not persuaded that discovery, prior to amendment, is appropriate here because the deficiencies in the complaint do not amount to a mere lack of detail, but rather appear to fail to state a cause of action. State Farm Mut. Auto. Ins. Co., 2002 WL 826431, at *3 (permitting discovery because a cause of action was apparent and the complaint lacked “sufficient detail”). 4. Money Laundering Plaintiffs’ allegations concerning the money laundering predicates are based on the following provisions: 18 U.S.C. § 1956(a)(1)(A)®; § 1956(a)(1)(B)®; § 1956(a)(l)(B)(ii); § 1956(a)(3)(A); § 1956(a)(3)(B); and § 1956(a)(3)(C). In the complaint, Plaintiffs allege that money laundering “directly harmed plaintiffs inasmuch as it shielded the enterprise from detection and thereby continued its existence.” (RAC ¶ 41.) Plaintiffs further claim that, in the Forfeiture Action, involving maintenance or janitorial contractors ostensibly not implicated in this action at this time, the United States has alleged “Wal-Mart maintenance contractors engaged in money laundering of the proceeds of a variety of criminal acts [including, among other things, transporting, harboring and encouraging undocumented aliens].” (RAC ¶ 58.) The gist of the money laundering scheme is as follows: On information and belief, contractors who joined with Wal-Mart in the Wal-Mart Enterprise maintain (or maintained) books, records, ledgers, receipts, or notes relating to the purchase of financial instruments or the transfer of funds and other papers relating to the proceeds of the unlawful employment of the janitors and the profit derived therefrom. On information and belief, contractors who joined with Wal-Mart in the Wal-Mart Enterprise used electronic equipment such as computers, facsimile or telex machines, pagers and telephone answering machines to generate, record, or store information concerning their operations and associated finances. On information and belief, contractors who joined with Wal-Mart in the Wal-Mart Enterprise attempted to legitimize their profits from the illegal scheme through money laundering activities involving banks and their attendant services, brokers, professionals such as attorneys or accountants ... The documents and specific information as to all of these materials is within the exclusive possession and control of Wal-Mart and the contractors at this time (and possibly federal law enforcement officials in connection with the ongoing grand jury proceedings), and plaintiffs’ counsel was unsuccessful in efforts to [obtain] these data and documents despite interviews with numerous named plaintiffs and members of the plaintiff class both in the United States and abroad. Thus, specific allegations as to that information by plaintiffs will have to await some discovery in this case. (RAC ¶ 59.) Plaintiffs’ allegations of money laundering are similarly vague and insufficient to support a RICO claim. This Court cannot conclude that Plaintiffs have stated predicate acts of money laundering sufficient to sustain a RICO claim. The allegations largely recite the elements of different money laundering provisions, but do not identify the relevant financial transactions or conduct by Wal-Mart, or describe more particularly the contractors’ “money laundering activities” that allegedly involved banks, accountants, attorneys, and others. Thus, Plaintiffs have failed to allege sufficient facts to state predicate acts of money laundering. 5. Summary Plaintiffs have not alleged sufficient facts to state claims that Wal-Mart committed the predicate acts necessary to support a RICO claim under 18 U.S.C. § 1962(c), but this Court cannot determine, without doubt, that it would be futile to grant Plaintiffs the opportunity to amend their pleadings. Accordingly, Count 1 is dismissed without prejudice, and Plaintiffs, if they so choose, may amend Count 1 within 45 days of the entry of this Opinion. II. Count 2 — RICO Conspiracy Claim Plaintiffs also have alleged that, in violation of 18 U.S.C. § 1962(d), Wal-Mart and its contractors conspired to violate 18 U.S.C. § 1962(c), “that is, [they] agreed to conduct and participate, directly and indirectly, in the conduct of the affairs of the aforementioned enterprise through a pattern of racketeering activity .... ” (RAC ¶ 78.) For the following reasons, Defendant’s motion is granted, and Count 2 shall be dismissed without prejudice. Because this Court cannot conclude that amendment of this claim would be futile, Plaintiffs are hereby granted 45 days from the entry of this Opinion, if they so choose, to amend their RICO conspiracy claim. Under 18 U.S.C. § 1962(d), it is “unlawful for any person to conspire” to violate § 1962(c). Thus, section 1962(d) liability attaches where a defendant conspires to operate or manage an enterprise prohibited under § 1962(c). See Smith v. Berg, 247 F.3d 532, 536 (3d Cir.2001) (discussing United States v. Antar, 53 F.3d 568 (3d Cir.1995)). A violation of § 1962(c), however, is not a prerequisite for liability under § 1962(d), i.e., “a RICO conspiracy defendant need not himself commit or agree to commit predicate acts.” Smith, 247 F.3d at 537 (following Salinas v. United States, 522 U.S. 52, 65, 118 S.Ct. 469, 139 L.Ed.2d 352 (1997)). Rather, to establish liability for a RICO conspiracy, “all that is necessary for such a conspiracy is that the conspirators share a common purpose.” Smith, 247 F.3d at 537 (reading Salinas). Therefore, if some conspirators agree to a plan in which some conspirators will commit crimes and others will provide support, “the supporters are as guilty as the perpetrators.” Salinas, 522 U.S. at 64, 118 S.Ct. 469. As the Third Circuit Court of Appeals explained: [0]ne who opts into or participates in a conspiracy is liable for the acts of his co-conspirators which violate section 1962(c) even if the defendant did not personally agree to do, or to conspire with respect to, any particular element ... [A] defendant may be held liable for conspiracy to violate section 1962(c) if he knowingly agrees to facilitate a scheme which includes the operation or management of a RICO enterprise. Smith, 247 F.3d at 538 (emphasis added). For purposes of establishing a RICO conspiracy claim, therefore, it is sufficient that the defendant “adopt the goal of furthering or facilitating the criminal endeavor.” Id. at 537 (quoting Salinas, 522 U.S. at 65, 118 S.Ct. 469). “[A] defendant must agree only to the commission of the predicate acts, and need not agree to commit personally those acts.” See United States v. Adams, 759 F.2d 1099, 1116 (3d Cir.1985); see also United States v. Traitz, 871 F.2d 368, 396 (3d Cir.1989) (same); United States v. Phillips, 874 F.2d 123, 128 n. 4 (3d Cir.1989) (reading Adams to mean that the “defendant need only agree to commission of two or more racketeering acts, not to personally commit them”). Assuming the truth of Plaintiffs’ allegations, this Court concludes that they fall short of stating a RICO conspiracy claim against Wal-Mart. To state a claim under § 1962(d) for violations of § 1962(c), a defendant must “knowingly agree[] to facilitate a scheme which includes the operation or management of a RICO enterprise.” Smith, 247 F.3d at 538. First, this Court already has reviewed the insuf-ficiencies of Plaintiffs’ allegations in Count 1, and determined that Plaintiffs have failed to allege the existence of an unlawful enterprise involved in a pattern of racketeering, i.e., the commission of at least two predicate acts. See 18 U.S.C. § 1961(1). Second, this Court is not persuaded that Plaintiffs have alleged adequate facts to claim that Wal-Mart agreed to the commission of at least two predicate acts. Adams, 759 F.2d at 1116. Even if this Court were to assume, for example, that Wal-Mart’s contractors committed predicate acts of encouraging or transporting undocumented aliens, Plaintiffs argue that, because Wal-Mart knew of their undocumented status, it also agreed to the commission of these predicate acts. Plaintiffs, however, have not alleged, other than in conclusory fashion, adequate facts for this Court to reasonably infer that Wal-Mart agreed with co-conspirators to the commission, by co-conspirators and others, of RICO predicate acts, in furtherance of an unlawful enterprise. Thus, even though Plaintiffs have alleged that Wal-Mart hired undocumented workers, and in many instances, knew that these workers were not authorized to work, these allegations are insufficient not only to state a predicate act of racketeering, but also for purposes of claiming that Wal-Mart agreed to the commission of predicate acts of racketeering. Therefore, Count 2 is dismissed without prejudice. III. Count 3 — Section 1985 Claim Plaintiffs allege that Wal-Mart, in violation of 42 U.S.C. § 1985(3) (“section 1985”), conspired with its contractors to “hinder[ ] and prevent[ ] federal and state officials from performing their affirmative obligations” to protect Plaintiffs’ right not to be “subjected to involuntary servitude” and their right to enjoy equal protection of the laws. (RAC ¶ 84.) In order to establish a Section 1985 claim, a plaintiff must allege: (1) a conspiracy; (2) motivated by racial or class based discriminatory animus, designed to deprive, directly or indirectly, any person or class of persons to the equal protection of the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to person or property or the deprivation of any right or privilege of a citizen of the United States. See Griffin v. Breekenridge, 403 U.S. 88, 102-03, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971); Lake v. Arnold, 112 F.3d 682, 685 (3d Cir.1997). Wal-Mart asserts that, in light of these elements, Plaintiffs fail to state a claim under section 1985 for three reasons: (1) Plaintiffs, as they have been defined in the complaint, are not members of a class protected under section 1985; (2) Plaintiffs cannot allege that Wal-Mart acted with the requisite intent; and (3) Plaintiffs have not alleged the deprivation of a constitutional right that can be vindicated under section 1985. Plaintiffs argue that they constitute the type of class of persons protected under section 1985. Plaintiffs contend that the Third Circuit Court of Appeals has construed the protections of section 1985 broadly, so as to permit claims based on “irregular” status. (PI. Br. at 39.) In addition, to the extent that the history of discrimination against a particular class has been relevant to this Circuit’s analysis of whether a particular class merits protection under section 1985, Plaintiffs assert that undocumented workers have faced a history of discrimination, largely in the form of social and political isolation, due to their undocumented status. (PL Br. at 40) (citing Ken Gormley, Private Conspiracies and the Constitution: A Modem Vision of m U.S.C. § 1985(3), 64 TEX. L. REV. 527, 575 (1985) (advocating that “[r]ather than limiting section 1985(3) to instances of racial discrimination ... it is important that the conspiracy statute should be read with the same latitude as the fourteenth amendment, from whose mold it was cast”)). Having considered the parties’ submissions and oral argument, as well as relevant law, this Court concludes that Plaintiffs have not alleged the type of “class based discriminatory animus” protected under section 1985, and for the reasons set forth below, grants Wal-Mart’s motion to dismiss count 3 for failure to state a claim. While “there is some legislative history to support the view that § 1985(3) has a broader reach,” according to the Supreme Court, “it is a close question” whether section 1985 “was intended to reach any class-based animus” other than race-based animus. See United Bhd. of Carpenters & Joiners of Am. v. Scott, 463 U.S. 825, 837, 103 S.Ct. 3352, 77 L.Ed.2d 1049 (1983) (rejecting the proposition that section 1985 reaches private conspiracies motivated by bias towards others on account of their economic views, status, or activities). While circuit courts of appeal have permitted other classes to seek relief under section 1985, not surprisingly, the issue of whether a particular “class based discriminatory animus” falls within the reach of section 1985 remains unclear, and the “best that can be said of the § 1985(3) jurisprudence thus far is that it has been marred by fits and starts, plagued by inconsistencies, and left in flux by the Supreme Court.” Lake, 112 F.3d at 685 (quoting Trautz v. Weisman, 819 F.Supp. 282, 291 (S.D.N.Y.1993)). For example, in this Circuit, private conspiracies motivated by discriminatory animus towards others based on mental disability are cognizable under section 1985, see Lake, 112 F.3d at 686, but, as already mentioned, class based discriminatory animus towards others on account of their economic status or activities is not. See Scott, 463 U.S. at 837, 103 S.Ct. 3352. In addition, some courts have decided that politically motivated private conspiracies are cognizable under section 1985, while others have expressed doubt on the subject. At least three general principles appear to guide this Circuit’s determinations of what might constitute “other class based discriminatory animus” for purposes of stating a claim under section 1985:(1) the immutability of, or the person’s “responsibility” for, the particular trait; (2) whether there is a history of pervasive discrimination against the person or class based on the trait; and (3) whether there has been “an emerging rejection” of such discrimination. See Lake, 112 F.3d at 688 (relying on these three grounds for its conclusion that section 1985 reaches civil conspiracies against individuals with mental disabilities); see also Sunkett v. Misci, 183 F.Supp.2d 691, 706 (D.N.J.2002) (stating that Supreme Court and Third Circuit case law suggest that section 1985 protects against discriminatory animus based on “relatively immutable, highly identifiable, and discrete group identification”). As a general consideration, “the scope of section 1985(3) is not fixed as of any given point in time, but must be subject to reinterpretation as times and circumstances required.” Lake, 112 F.3d at 687. Based on these guideposts, it is difficult for this Court to conclude that a class defined as “recent immigrants, including undocumented persons” (RAC ¶84) can seek relief under section 1985. In particular, the fact that Plaintiffs bear “responsibility” for their status — whether defined as “recent immigrants” or .as “undocumented persons” — strongly suggests that this sort of class based discriminatory animus is not covered under section 1985. In Lake, the Third Circuit Court of Appeals examined, in the first instance, the party’s “respo