Full opinion text
MEMORANDUM OPINION AND ORDER COAR, District Judge. INDEX Background.1054 I. Res Judicata.1056 A. Legal Standard for Res Judicata.1057 B. Applicability of Res Judicata to the Parties.1057 1. NOW.1057 2. Wojnar.1060 a. Identity of the Parties.1060 b. Identity of Causes of Action.1060 c. Final Judgment on the Merits.1060 II. Supplemental, Ancillary, or Pendent Jurisdiction Over Vital-Med.1061 A. Applicability of 28 U.S.C. § 1367 .1062 B. History of Supplemental Jurisdiction.1062 1. Application to Vital-Med.1063 2. Application to Wojnar.1064 III. Failure to State A Claim.1064 A. Proximate Cause and Standing.1065 1. Standing.1065 a. DWHO & Summit.1065 b. NOW.1067 2. Requirement of Predicate Act as Proximate Cause.1070 B. Pleading Deficiencies.1072 1. Hobbs Act Pled — Mandated Issue.1072 2. Pleading a RICO Conspiracy.1074 3. Other Predicate Acts.1078 a. Travel Act and State Law Extortion as Predicate Acts.1078 b. Theft of Fetal Remains as Predicate Act.1080 C. Availability of Injunctive Relief.1081 IV. First Amendment Concerns. 1083 A. Freedom of Speech.1083 V. Constitutionality of RICO .1089 A. Vagueness.1089 B. Overbreadth.1089 VI. Conclusion.1091 Background This nine-year-old case has a long and convoluted history, portions of which must be reviewed in order to understand the issues before the court. For a more detailed exposition of the facts and procedural history of this case, please refer to NOW v. Scheidler, - U.S. -, 113 S.Ct. 2958, 125 L.Ed.2d 659 (1993). In 1986, plaintiffs National Organization for Women (“NOW’), and two women’s health centers brought this action against various anti-abortion activists, anti-abortion organizations, and a pathology testing laboratory. They alleged that defendants conspired to drive out of business health centers that provide abortion services. Plaintiffs contended that defendants committed extortion, engaged in physical and verbal intimidation, destroyed property, orchestrated phone campaigns to tie up clinic phone lines, made false appointments at the clinics, and disrupted the clinics’ relationship with their landlords — all in violation of the Sherman Antitrust Act and sections 1962(a), (e) and (d) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Plaintiffs also raised several pendent state claims. On May 28, 1991, the district court dismissed the Second Amended Complaint. NOW v. Scheidler, 765 F.Supp. 937 (N.D.IU. 1991). The court held the Sherman Act inapplicable to the conduct alleged in the complaint because defendants’ conduct was incidental to a valid effort to influence governmental action and therefore immune. The court dismissed the § 1962(a) RICO claim because defendants’ receipt of donations from supporters was not income derived from racketeering. The § 1962(c) RICO claim was dismissed because the court concluded that RICO requires that economic motive be aUeged. The RICO conspiracy count was dismissed because aU substantive RICO counts failed. The state law claims were also dismissed because the dismissal of the claims based on federal law destroyed the basis for jurisdiction over the state law claims. The plaintiffs appealed. On June 29,1992, the Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. NOW v. Scheidler, 968 F.2d 612 (7th Cir.1992). The plaintiffs sought and obtained a writ of certiorari from the United States Supreme Court limited to the question of whether a RICO violation required motivation by an economic purpose. NOW v. Scheidler, — U.S. -, 113 S.Ct. 2958, 125 L.Ed.2d 659 (1993). On January 24, 1994, the Supreme Court reversed. NOW v. Scheidler, — U.S. -, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994). The Court held that RICO does not require proof that either the alleged racketeering enterprise or the predicate acts of racketeering were motivated by an economic purpose. In a concurring opinion, Justice Souter emphasized that although the First Amendment does not require reading an economic motive into the unambiguous RICO statute, legitimate free speech issues may be implicated in this case. Justice Souter advised that those concerns should be addressed as they arise. The defendants petitioned for a rehearing, which was denied on March 21, 1994. NOW v. Scheidler, — U.S. -, 114 S.Ct. 1340, 127 L.Ed.2d 688 (1994). On October 3, 1994, in an unpublished opinion, the Seventh Circuit recapitulated the Supreme Court’s opinion. The Court of Appeals directed the district court to address the issue of whether the predicate acts alleged in the complaint in fact violated the Hobbs Act (18 U.S.C. § 1951). The court specifically reaffirmed its original dismissal of the Sherman Act count and RICO § 1962(a). The court further stated: The Supreme Court’s decision reinstated count 3 (RICO § 1962(e)) and count 4 (RICO § 1962(d)). Counts five, six, and seven, which allege violations of state law, survive as well pursuant to the district court’s supplemental jurisdiction. See 28 U.S.C. § 1367. Also on remand, if necessary, the district court should consider which of the defendants’ activities, as alleged, are protected by the First Amendment to the United States Constitution. See Scheidler, — U.S. at — n. 6, 114 S.Ct. at 806 n. 6. As Justice Souter pointed out in his concurring opinion, “even in a case where a RICO violation has been validly established, the First Amendment may limit the relief that can be granted against an organization otherwise engaging in protected expression.” Id. at -, 114 S.Ct. at 807 (Souter, J., concurring). This includes Hobbs Act extortion — the sole RICO predicate act alleged by plaintiffs in both their complaint and their RICO Case Statement. NOW v. Scheidler, 25 F.3d 1053, 1994 WL 196761 **2 (7th Cir.1994). The case was remanded to the district court for further proceedings. Before the district court could comply with the mandate of the Court of Appeals, the plaintiffs filed a motion for leave to file a third amended complaint. On October 21, 1994, Judge Holderman granted plaintiffs’ motion and ordered plaintiffs to file an updated RICO case statement (Tr. p. 31). The Third Amended Complaint (hereinafter the “Complaint”) has four counts. Count I of the Complaint is brought by all plaintiffs and alleges violations against all defendants except Vital-Med Laboratories, Inc. (“Vital-Med”). Count I also alleges that the defendants violated RICO by participating in the Pro-Life Action Network (“PLAN”), which the plaintiffs allege is an enterprise as defined by 18 U.S.C. § 1961(4). Several distinct predicate acts are alleged under count I. These acts include attempted arson, murder, and various Hobbs Act violations. Count II of the Complaint alleges that all defendants except Vital-Med conspired to violate the RICO Act. Count III is brought by DWHO and Summit and alleges that defendants Seheidler, Scholberg, Murphy, Mi-gliorino, Wojnar, and PLAL tortiously interfered with the plaintiffs’ prospective economic advantage. Count IV is brought by Summit alone and alleges that defendant Miglior-ino tortiously interfered with an existing business relationship between Summit and Summit’s prospective lessor. Count V is brought by DWHO and Summit against only Vital-Med for breach of duty of confidentially. This ease was transferred to the undersigned by Executive Order dated November 8, 1994. On February 7, 1995, this court denied several sanctions motions and motions to reconsider the grant of leave to file a Third Amended Complaint. NOW v. Scheidler, 1995 WL 59228 (N.D.Ill.1995). Defendants now move to dismiss the Third Amended Complaint. [Docket numbers 768, 774, 776, 784, 787]. All motions are fully briefed and ripe for decision. Although the Defendants have filed separate motions and replies, the motions raise similar, though not identical, issues. To the extent possible, the court will address the various Defendants’ arguments together. However, several of the arguments do not lend themselves to one coherent treatment. I. Res Judicata Defendants make two res judicata arguments. First, they allege that NOW is barred from being a plaintiff under the Third Amended Complaint because it suffered a final dismissal of its claims under the Second Amended Complaint. Second, Wojnar argues that he has obtained a final dismissal of all claims alleged against him and, therefore, res judicata should protect him from having to further defend himself in this litigation. Res judicata is a judicial doctrine designed to ensure the finality of judicial decisions. Brown v. Felsen, 442 U.S. 127, 131, 99 S.Ct. 2205, 2209, 60 L.Ed.2d 767 (1979); Car Carriers, Inc. et al. v. Ford Motor Co. et al., 789 F.2d 589, 593 (7th Cir.1986). It is a “rule of fundamental and substantial justice,” Hart Steel Co. v. Railroad Supply Co., 244 U.S. 294, 299, 37 S.Ct. 506, 507, 61 L.Ed. 1148 (1917); Car Carriers, 789 F.2d at 593, whose enforcement is essential to the maintenance of social order, “for the aid of judicial tribunals would not be invoked for the vindication of rights of person and property if ... conclusiveness did not attend the judgments of such tribunals.” Alexander v. Chicago Park District, 773 F.2d 850, 853 (7th Cir.1985) (quoting Nevada v. United States, 463 U.S. 110, 129, 103 S.Ct. 2906, 2917-18, 77 L.Ed.2d 509 (1983)). Res judicata, also called claim preclusion, bars the same parties or their privies from relitigating any issue that was raised in a prior judgment or could have been raised in the prior action. Alexander, 773 F.2d at 853; Harper Plastics, Inc. v. Amoco Chemicals Corp., 657 F.2d 939, 945 (7th Cir.1981); see Jack Friedenthal, Mary Kay Kane, Arthur Miller, Civil Procedure 610 (1993). As the Court of Appeals explained in Alexander: Preclusion occurs under two theories: issue preclusion and claim preclusion. Claim preclusion bars relitigation of claims or issues which were or could have been raised in a prior suit on the merits between the same parties or their privies. Plaintiffs’ claims are merged in the judgment for plaintiff while judgment for defendants acts to bar any further claims by plaintiff against the defendant. It is usually referred to as res judicata.... Issue preclusion prevents relitigation of a matter of fact of law that was previously litigated and decided. See Jones v. City of Alton, 757 F.2d 878, 879 n. 1 (7th Cir.1985). It is usually referred to as collateral estoppel. Alexander, 773 F.2d at 853. Res judicata promotes accuracy (leaving in place properly decided cases), efficiency (“it is in the interest of the state that there be an end to litigation”), and fairness (“no person should be twice vexed by the same claim”). Friedenthal, et al., Civil Procedure 617 (1993), see Robert Ziff, Note, For One Litigant’s Sole Relief: Unforeseeable Preclusion and the Second Restatement, 77 Cornell L.Rev. 905, 910 (1992). A. Legal Standard for Res Judicata There are three threshold requirements to be considered in applying res judicata: (1) identity of the parties or their privies; (2) identity of the causes of action; and (3) a final judgment on the merits. Car Carriers, 789 F.2d at 595 n. 9; Alexander, 773 F.2d at 854; Lee v. City of Peoria, 685 F.2d 196, 199 (7th Cir.1982). A court must find each of these threshold requirements in order to apply res judicata as a bar. The doctrine of res judicata is generally applied to a single “cause of action.” The Court of Appeals in this circuit employs the “same transaction” test to define a “cause of action.” Car Carriers, 789 F.2d at 593; Alexander, 773 F.2d at 854; Wakeen v. Hoffman House, Inc., 724 F.2d 1238, 1241 (7th Cir.1983). Under the same transaction test, a “cause of action” consists of a “ ‘single core of operative facts’ which would give rise to a remedy.” Car Carriers, 789 F.2d at 593 (quoting Alexander, 773 F.2d at 854). The “same transaction” test is fact-oriented, and provides that once a transaction has caused injury, all claims arising from that transaction must be brought in the same suit or be lost. Car Carriers, 789 F.2d at 593. B. Applicability of Res Judicata to the Parties 1. NOW Defendants Terry, Project Life, and Operation Rescue (hereinafter the “Terry Defendants”) and Defendants Scheidler, Scholberg, Murphy, and PLAL (hereinafter the “Scheidler Defendants”) argue that res judicata bars NOW, and only NOW, from bringing RICO claims against them. The Terry Defendants argue that NOW suffered a final, undisturbed judgment when the Second Amended Complaint was dismissed. They argue that in the Second Amended Complaint, NOW claimed injury only under the Sherman Act and that the dismissal of the Sherman Act claims was undisturbed by the Supreme Court. Accordingly, the Terry Defendants claim that res judicata bars NOW from asserting a new claim arising from the same set of operative facts after a final decision on the merits of the original claim. Thus, they argue, under the “same transaction” test, NOW should be precluded from prosecuting the Third Amended Complaint. The plaintiffs argue that NOW did allege RICO claims in the Second Amended Complaint, and that those claims remain viable after the Supreme Court’s reversal of the prior orders of dismissal. Thus, the first task is to determine whether NOW was a plaintiff as to the RICO counts in the Second Amended Complaint. If the answer is yes and those counts were revived by the decision of the Supreme Court, res judicata is not applicable because there has been no final decision on the merits. This determination is made difficult by the fact that not every named plaintiff made claims against every named defendant in the Second Amended Complaint. Before turning to the specific language relied upon by the parties, a description of the layout of the Second Amended Complaint is helpful. Paragraphs one through three are contained in a subsection of the complaint titled “NATURE OF THE ACTION.” Paragraph four deals with jurisdiction. Paragraphs five through eight are captioned “PLAINTIFFS.” Paragraphs nine through twenty appear under a “DEFENDANTS” heading. Paragraphs twenty-one through thirty-seven describe “CLASS ALLEGATIONS.” Paragraphs thirty-eight through fifty-five are captioned “FORMATION OF THE PRO-LIFE ACTION NETWORK.” Paragraphs fifty-six through sixty-three explain the “CARRYING OUT OF PLAN’S AGENDA: OPERATION RESCUE.” Paragraphs sixty-four through seventy-eight appear under a “THEFT OF FETAL REMAINS” caption. Paragraph seventy-nine is the beginning of the actual substantive counts of the complaint; each count realleg-ing the facts contained in the previous paragraphs. Over half the allegations in the complaint are not contained within a “count.” This makes interpretation of the complaint difficult because, as will become clear, the complaint contains both specific allegations brought by specific defendants as well as general allegations which, read alone, do not always make clear which plaintiff is making the assertion. In the first paragraphs under the RICO counts subheadings (counts II, III, and IV) the Second Amended Complaint states that the counts were brought by “plaintiffs DWHO and Summit and the class they represent.” (Second Am.Compl. ¶¶ 94, 106, 111,). NOW takes the position that paragraphs one, three, twenty-two, 105, and 110 of the Second Amended Complaint support its conclusion that it was a RICO plaintiff in the Second Amended Complaint. Paragraph one outlines the law to be used to justify the relief sought: to obtain declaratory and injunctive relief. Paragraph one thus logically encompasses both the alleged RICO violations and the alleged Sherman Act violations (because both such allegations are made later in the complaint under specific counts) by stating “this is a civil action pursuant to ... the Sherman Antitrust Act ... [and] ... RICO.” Thus, paragraph one does identify NOW as a plaintiff, but not necessarily as a RICO plaintiff. Paragraph three is no more enlightening. This paragraph does not identify which count it refers to and does no more than explain that NOW believed it had organizational standing to sue under the Sherman Act (see infra). Nothing in the paragraph could be logically construed to support plaintiffs’ allegation that NOW was a RICO plaintiff. Paragraph twenty-two, though lengthy, provides no additional support for the plaintiffs’ position. The paragraph appears under a “Class Allegations” subdivision of the complaint and tracks the requirements of organizational standing. See infra at 31. Indeed, the paragraph states that NOW wishes to represent the class in order to obtain declaratory and injunctive relief. That form of equitable relief was only requested under the Sherman Act count of the Second Amended Complaint. Paragraph 105 is part of count II which alleges violations of RICO section 1962(a). The section 1962(a) count of the Second Amended Complaint was not reinstated by the Seventh Circuit or the Supreme Court. Count II states that it is brought “by plaintiffs DWHO and Summit and the class they represent ...” (Second Am.Compl. ¶ 94). However, paragraph 105 does plainly state that “the RICO Defendants’ activities have injured the plaintiff class of female NOW members ...” Paragraph 110 is part of count III, alleged under RICO section 1962(c), and incorporates the injuries in paragraph 105. Count III was also stated to have been brought by “plaintiffs DWHO and Summit and the class of clinics they represent ...” (Second Am.Compl. ¶ 106). Although the section 1962(a) claims in count II were not reinstated, count III (the section 1962(c) claim) was reinstated. By asserting that NOW and its members have been injured by violation of section 1962(c), NOW asserted status as a RICO plaintiff. Although not specifically stating that it brought RICO claims in paragraphs 106 and 111, NOW did plead specific facts and injury sufficient to state a claim for relief under both sections 1962(e) and (d) because it alleged the conduct that violated the statute and that NOW was injured by that conduct. See Luckett v. Rent-A-Center, Inc., 53 F.3d 871 (7th Cir.1995); La Porte County Republican Central Comm. et. al. v. Bd. of Comm’rs of County of La Porte, 43 F.3d 1126 (7th Cir.1994); Mid America Title Co. v. Kirk, 991 F.2d 417, 422 (7th Cir.1993); Bartholet v. Reishauer A.G. (Zurich), 953 F.2d 1073, 1078 (7th Cir.1992). NOW did all that is required to state a claim under RICO section 1962(c) and (d) in the Second Amended Complaint; it stated that it had been injured because of the defendants’ actions that violated RICO. Therefore, NOW is not barred from making RICO allegations in the Third Amended Complaint because it made the same allegations, albeit less elaborately and eloquently, in the Second Amended Complaint. This interpretation gives a reasonable interpretation to both the allegations contained in paragraph 94 and 106 (which are alleged by DWHO and Summit) as well as paragraphs 105 and 110 (which include NOW as an injured party, and therefore as a party making a claim under the count). See Restatement (Second) Contracts § 203(a) (year) (“an interpretation which gives a reasonable, lawful, and effective meaning to all terms is preferred to an interpretation which leaves a part unreasonable, unlawful, or of no effect.”). NOW was a RICO plaintiff in the Second Amended Complaint, and it will be allowed to continue in that vein in the Third Amended Complaint. 2. Wojnar’s Res Judicata Argument Against All Plaintiffs Defendant Conrad Wojnar argues that res judicata operates to bar all Plaintiffs from bringing RICO claims against him. Wojnar claims that in the Second Amended Complaint he was charged only with violations of the Sherman Act antitrust count (count I) and under pendent state law. Because the dismissal of the Sherman Act claims was left undisturbed, Wojnar concludes that res judicata bars the prosecution of the Third Amended Complaint’s RICO allegations, as to him. Plaintiffs argue that because the preclusive effect of res judicata is only available where a final judgment has been entered, Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n. 5, 99 S.Ct. 645, 649 n. 5, 58 L.Ed.2d 552 (1979), the doctrine is not available to Wojnar because the dismissal was reversed. Furthermore, the Plaintiffs argue that because the Wojnar was a defendant as to a state law claim under the Second Amended Complaint, Wojnar has not suffered a final dismissal and therefore no final judgment has been issued against him. The court will analyze Wojnar’s res judica-ta argument using the standard set forth above of identity of parties, identity of causes of action, and finality of judgment. Car Carriers, 789 F.2d at 595 n. 9; Alexander, 773 F.2d at 854; Lee v. City of Peoria, 685 F.2d 196, 199 (7th Cir.1982). a.Identity of the Parties The first prong in the analysis of whether res judicata applies is whether the parties in the first and second actions are identical. Car Carriers, 789 F.2d at 595 n. 9; Alexander, 773 F.2d at 854; Lee v. City of Peoria, 685 F.2d 196, 199 (7th Cir.1982). The identity of the parties is not in dispute; the parties are identical for the purposes of this motion. b.Identity of Causes of Action The second prong of the analysis is whether the causes of action in the first and second actions are identical, under the “same transaction” test as defined by the Seventh Circuit. Car Carriers, 789 F.2d at 595 n. 9; Alexander, 773 F.2d at 854; Lee v. City of Peoria, 685 F.2d 196, 199 (7th Cir.1982). If the causes of action arise out of the “same transaction,” the suits are identical for purposes of res judicata. Id. There is no serious contention that the claims against Woj-nar in the Second Amended Complaint and those in the Third Amended Complaint do not arise from the same set of operative facts. c.Final Judgment on the Merits The third requirement for application of res judicata is that there have been a final judgment on the merits. It would appear that this requirement has been met, but Plaintiffs suggest otherwise. In count I of the Second Amended Complaint, Plaintiffs claimed that Wojnar violated the Sherman Act. The same conduct asserted to have violated the Sherman Act is now claimed to violate RICO. The Sherman Act count of the Second Amended Complaint was dismissed by the district court. NOW v. Scheidler, 765 F.Supp. at 937. That dismissal was affirmed by the Court of Appeals. NOW v. Scheidler, 968 F.2d at 612. It is not clear whether Plaintiffs included the dismissal of the Sherman Act count in their petition for certiorari to the Supreme Court, but it is clear that the Supreme Court did not grant certiorari on that issue. Thus, after the Supreme Court’s decision in this case, the Court of Appeals reminded us that the Sherman Act claims were dismissed. NOW v. Scheidler, 25 F.3d 1053, 1994 WL 196761 *2. Thus, it would seem, there has been a final judgment for res judicata purposes. Alas, nothing in this case is that simple. Included in the Second Amended Complaint was also count V against Wojnar alleging “tortious interference with prospective economic advantage” under state law. It was alleged that the district court had supplemental jurisdiction over that and other state law counts. After the remand from the Supreme Court, the Court of Appeals stated that “counts five, six, seven, which allege violations of state law, survive as well pursuant to the district court’s supplemental jurisdiction. See 28 U.S.C. § 1367.” NOW v. Scheidler, 25 F.3d 1053, 1994 WL 196761 *2. Plaintiffs seize upon that language to argue that if the state law claims survive and this court retains jurisdiction over them, then there could not have been a final judgment on the merits for res judicata purposes. There are several things wrong with Plaintiffs position: First, the quoted statement by the Court of Appeals is dicta; second, once the order of dismissal of Count I became final, this court ceased to have jurisdiction over count V of the Second Amended Complaint; and third, Plaintiffs misconstrue the operation of res judicata in this circumstance. Count I of the Second Amended Complaint stated a claim as to which this court had federal question jurisdiction. Count V stated a claim as to which this court had supplemental jurisdiction because of its relationship to the issues raised in count I; what was previously called “pendent claim” jurisdiction. Finley v. United States, 490 U.S. 545, 548, 109 S.Ct. 2003, 2006, 104 L.Ed.2d 593 (1989) (citing United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); Hurn v. Oursler, 289 U.S. 238, 53 S.Ct. 586, 77 L.Ed. 1148 (1933); Siler v. Louisville & Nashville R. Co., 213 U.S. 175, 29 S.Ct. 451, 53 L.Ed. 753 (1909)). Count I was dismissed because the district court concluded that the Sherman Act was not applicable to the conduct alleged in the Second Amended Complaint. Res judicata should bar the Plaintiffs from now amending the complaint to allege a new (RICO) theory in connection with the same alleged conduct without regard to whether there remain unresolved state law claims. A brief example demonstrates why this is so. If the allegations against Wojnar contained in count V had been made in a separate state complaint rather than in the same (federal) complaint as count V, and the federal claim had been dismissed, there is no logical reason why res judicata should not bar Plaintiffs from filing a new federal complaint asserting a different (federal) legal theory as to Wojnar, but based upon the same operative facts. In the example, the existence of the state claim is irrelevant to the question of whether res judicata should apply to the federal claim. Plaintiffs claims against Wojnar are barred by res judicata and will be dismissed. II. Supplemental, Ancillary, or Pendent Jurisdiction Over Vital-Med Vital-Med alleges that its motion to dismiss should be granted because although there was a basis for federal jurisdiction under the Second Amended Complaint, there is no such basis under the Third Amended Complaint. In the Second Amended Complaint, Vital-Med was a defendant under count I (Sherman Anti-Trust Act) and count VII (breach of a duty of confidentiality allegedly owed to DWHO and Summit). Count I was dismissed by the district court, affirmed by the Court of Appeals, and not considered by the Supreme Court. The Third Amended Complaint names Vital-Med as a defendant only in count V alleging a breach of a duty of confidentiality owed to DWHO and Summit. Vital-Med contends this court should dismiss count V of the Third Amended complaint because there is no federal question or diversity jurisdiction, and the court has no basis for exercising supplemental, pendent, or ancillary jurisdiction pursuant to 28 U.S.C. § 1367(a) (“Section 1367”). Plaintiffs contend that this court has supplemental jurisdiction over Vital-Med because federal jurisdiction was never lacking, and therefore the pendent state law claim under which Vital-Med is sued in the Third Amended Complaint is proper pursuant to 28 U.S.C. § 1367. Vital-Med contends that section 1367 does not apply to this case because it was commenced before the statute’s effective date. As the only claim against Vital-Med is stated under state law, it is clear that claim is not supplemental to any federal claim. Cf. 28 U.S.C. § 1367(a). A. Applicability of 28 U.S.C. § 1367 By its own terms, section 1367 provides for supplemental jurisdiction in the federal courts “[and] shall apply to civil actions commenced on or after the date of the enactment of this Act. [Dec. 1,1990].” 28 U.S.C. § 1367 note (1990) (emphasis added). Section 1367 provides that once a district court has original jurisdiction over one claim in any civil action, that same court may adjudicate “all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.” 28 U.S.C. § 1367. This ease was originally filed on October 17, 1986. An amended complaint was filed on February 3, 1989. [Docket number 155]. The Second Amended Complaint was filed on September 25, 1989. [Docket number 236]. Vital-Med was first named as a defendant in the Second Amended Complaint, in 1989. Vital-Med contends that, for section 1367 purposes, the case against them was filed in either 1986 or 1989, and therefore the statute does not apply to them. Thus, Vital-Med maintains that the court should look to pre-1990 law to determine whether it has jurisdiction over it and count V. The Plaintiffs disagree, relying upon the opinion of the Court of Appeals that “[c]ounts five, six, and seven, which allege violations of state law, survive ... pursuant to the district court’s supplemental jurisdiction. See 28 U.S.C. § 1367.” NOW v. Scheidler, No. 91-2468, 25 F.3d 1053, 1994 WL 196761 (7th Cir. May 16, 1994). Plaintiffs argue that because the Court of Appeals relied on section 1367, at least in part, in reinstating the state law count against Vital-Med, that this court should allow the claim to survive. This case has been in existence since 1986, and Vital-Med has been a defendant since 1989. No matter which date is the date on which the action was “commenced” for purposes of section 1367, both are before December 1,1990, which is the date after which, by its own terms, section 1367 “shall apply to civil actions commenced [thereafter].” Therefore, section 1367 does not apply, and the court must look to the law of supplemental jurisdiction as it existed before section 1367 was enacted. B. History of Supplemental Jurisdiction In contrast to state courts, federal courts are forums of limited jurisdiction, possessing only the power to hear those cases enumerated in Article III of the United States Constitution and only to the extent authorized by Congress. U.S. Const. Art. Ill § 2; Fried-enthal, et al., Civil Procedure 64 (1992). It is fundamental that “as regards all courts of the United States inferior to this tribunal, two things are necessary to create jurisdiction, ... [t]he Constitution must have given to the court the capacity to take it, and an act of Congress must have supplied it ... [t]o the extent that such action is not taken, the power lies dormant.” Finley v. United States, 490 U.S. 545, 547, 109 S.Ct. 2003, 2006, 104 L.Ed.2d 593 (1989) (quoting The Mayor v. Cooper, 73 U.S. (6 Wall.) 247, 252, 18 L.Ed. 851 (1868)). Originally, this meant that federal courts could not exercise jurisdiction over non-federal claims or issues that were closely related to federal claims. However, federal judges managed to accommodate the need to exerdse jurisdiction over non-federal claims, and two forms of federal jurisdiction developed, ancillary and pendent jurisdiction. Friedenthal, et al., Civil Procedure 64 (1992). Originally, ancillary jurisdiction was used to allow federal courts to adjudicate claims to property where the ownership of that property was otherwise properly being litigated in federal court. Freeman v. Howe, 65 U.S. (24 How.) 450, 16 L.Ed. 749 (1860); 13 Wright, Miller & Cooper, Federal Practice and Procedure § 3523 (1984). Before 28 U.S.C. § 1367 was enacted, the Federal Rules of Civil Procedure used a “transaction and occurrence” standard for compulsory counterclaims and cross-claims, thereby allowing ancillary jurisdiction over these claims. 13 Wright, Miller & Cooper, Federal Practice and Procedure § 3523 (1984). Pendent jurisdiction was developed by the Supreme Court in Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738, 6 L.Ed. 204 (1824), when Justice Marshall declared that a federal court of original jurisdiction should have the power to decide all the questions that a case presented and the court needed to decide in order to function effectively. Osborn, 22 U.S. (9 Wheat.) at 823. As the doctrine matured, pendent jurisdiction was most commonly exercised when a plaintiff brought a federal question claim and sought to have a related state law claim against the same defendant adjudicated before the federal court. See, e.g., Romero v. International Terminal Operating Co., 358 U.S. 354, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959) (Jones Act claim provides pendent jurisdiction for maritime claim that, by itself, could only be asserted on the admiralty side of federal court.). This was called “pendent claim” jurisdiction. “Pendent party” jurisdiction was “jurisdiction over parties not named in any claim that is independently cognizable by the federal court.” Finley v. United States, 490 U.S. 545, 550-51, 109 S.Ct. 2003, 2007-08, 104 L.Ed.2d 593 (1989). Finley expressly stated that where federal courts were asked to assert pendent party jurisdiction, “as opposed to the addition of only claims, we will not assume that the full congressional power has been eongressionally authorized, and will not read jurisdictional statutes broadly.” Finley, 490 U.S. at 549, 109 S.Ct. at 2007. Thus, pendent party jurisdiction is generally not available unless the statute expressly authorizes it. See id. “Pendent claim” jurisdiction, by contrast, exists whenever there is a claim ‘arising under [the] Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ... ’ U.S. Const. Art. III. § 2, and the relationship between that claim and the state claim permits the conclusion that the entire action before the court comprises but one constitutional ‘case.’ United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); see also Finley, 490 U.S. at 563-64, 109 S.Ct. at 2015 (Stevens, J., dissenting). 1. Application to Vital-Med Plaintiffs contend that the issue before the court is whether Count V against Vital-Med is a proper pendent claim, while Vital-Med argues that the issue is whether the court has pendent party jurisdiction. It is clear from the description of the various types of supplemental jurisdiction that existed prior to the enactment of section 1367 that any jurisdiction over plaintiffs’ claim against Vital-Med depends upon an assertion of pendent party jurisdiction. Finley v. United States, 490 U.S. at 550-51, 109 S.Ct. at 2007-08; Aldinger v. Howard, 427 U.S. 1, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976) (plaintiff was unable to bring state law claims against a completely new party although the claims arose out of the same transaction and occurrence which gave rise to the plaintiffs federal claims). Vital-Med is not a defendant under any of the federal counts in the Third Amended Complaint. Plaintiffs have not asserted that Vital-Med is diverse from the plaintiffs. Therefore, the court will grant Vital-Med’s motion to dismiss count V of the Third Amended Complaint and Vital-Med as a defendant for lack of jurisdiction. Finley v. United States, 490 U.S. at 550-51, 109 S.Ct. at 2007-08; Aldinger v. Howard, 427 U.S. 1, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976); see also Kreuzfeld A.G. et al. v. Carnehammar et al., 188 F.R.D. 594, 608-09 (S.D.Fla.1991) (following Finley and dismissing a non-diverse, non-federal claim defendant in a case brought before section 1367 was enacted). 2. Application to Wojnar As stated above, any attempt to assert a new (RICO) claim against Wojnar is barred by res judicata. Therefore all that is left are the state law claims against him. These claims can only be pendent party claims and the reasoning applicable to Vital-Med are equally applicable to Wojnar. Finley v. United States, 490 U.S. at 550-51, 109 S.Ct. at 2007-08; United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). The state law claims against Wojnar will also be dismissed. Id. The court now turns to the merits of the motions to dismiss for failure to state a claim. III. Failure to State A Claim The Defendants allege various theories why the Third Amended Complaint fails to state a claim upon which relief may be granted. Defendants argue that the Complaint should be dismissed pursuant to Fed. R.Civ.P. 12(b)(6). A motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure should be granted if the complaint does not state a cause of action upon which relief may be granted. Corcoran v. Chicago Park Dist., 875 F.2d 609, 611 (7th Cir.1989). The facts as alleged below are viewed in the light most favorable to the Plaintiffs for the purpose of determining the Defendants’ motions to dismiss. Dimmig v. Wahl, 983 F.2d 86, 87 (7th Cir.1993). Unless it appears beyond doubt that Plaintiffs can prove no facts which would entitle them to relief, the Court must deny the motion. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957); Mid America Title Co. v. Kirk, 991 F.2d 417, 419 (7th Cir.), cert. denied, — U.S. -, 114 S.Ct. 346, 126 L.Ed.2d 310 (1993). However, the court need not strain to find inferences favorable to Plaintiffs which are not apparent on the face of the complaint. Coates v. Illinois St. Bd. of Educ., 559 F.2d 445, 447 (7th Cir.1977). Similarly, the court is not required to accept legal conclusions either alleged or inferred from pleaded facts. Nelson v. Monroe Regional Medical Ctr., 925 F.2d 1555, 1559 (7th Cir.1991). The factual allegations of this case will be outlined generally. Plaintiff NOW is a nation-wide, non-profit organization dedicated to “advancing and protecting the legal rights of women.” (Complaint ¶ 7). DWHO is a Florida corporation with its principal place of business in Delaware. (Complaint ¶ 8). Summit is a partnership with its principal place of business in Delaware. (Complaint ¶ 9). Plaintiffs allege that all the defendants except Vital-Med are involved in an “enterprise,” as defined in 18 U.S.C. § 1961(4). This enterprise, called the Pro-Life Action Network (“PLAN”) engages in or affects interstate commerce. According to the complaint, PLAN’S common purpose is to use racketeering activity to drive out of business all climes that provide abortion services. PLAN’S activities are distinct from the pattern of racketeering activity engaged in by each defendant. Defendants Scheidler, Terry, Seholberg, Murphy, Migliorino, Wojnar and the Pro-Life Action League (“PLAL”) are each persons under 18 U.S.C. § 1961(3), and are associated with PLAN by virtue of their involvement with its annual conventions as speakers and in other leadership capacities. No later than 1987, Scheidler and Terry sat on PLAN’S leadership council. (Complaint ¶¶ 11-12). Migliorino has been a featured speaker at one or more PLAN conventions. (Complaint ¶ 16). Scheidler, Scholberg, Woj-nar, Murphy, PLAL, and Vital-Med are residents of Illinois. (Complaint ¶¶ 11, 13, 14, 15, 17, 18). Migliorino is a Wisconsin resident. (Complaint 116). Terry and Project Life are New York residents. (Complaint ¶¶ 12, 20). Defendants PLAL, Operation Rescue (“OR”) and Project Life are each persons under the RICO statute, are associated with PLAN, and participate in PLAN by being its member groups. Since 1984, Vital-Med or its predecessor has provided pathology testing and other services to DWHO, Summit, and their affiliated clinics. (Complaint ¶ 17). PLAL’s business consists of using racketeering activity to disrupt clinics that perform abortions. (Complaint ¶ 18). Scheidler has been the director of PLAL. (Complaint ¶ 11). Scholberg was the assistant director of PLAL from February, 1988 until approximately 1990. (Complaint ¶ 13). Murphy has been a paid employee of PLAL since September, 1988, and he worked as a volunteer for PLAL before that date. (Complaint ¶ 15). Terry has been the executive director of Project Life and was the national organizer of Operation Rescue. (Complaint ¶ 12). OR’s business consists of using racketeering activity to disrupt and close clinics that perform abortions. OR has, through Terry and other agents and co-conspirators, engaged in racketeering activity within this district. (Complaint ¶ 19). Project Life has engaged in racketeering activity in this district through PLAN, Terry, and other agents and co-conspirators. (Complaint ¶ 20). Plaintiffs allege that the Defendants committed the following predicate acts of racketeering, including acts and/or threats of: (1) extortion against clinic personnel, patients, and suppliers of goods; (2) murder of clinic personnel, including doctors and their families; (3) kidnapping of clinic personnel, including doctors and their families; and (4) arson of clinics that provide abortion services; (4) taking possession of interstate shipments of fetal remains with intent to convert the remains to their own uses; (5) obstruction of interstate commerce by extortion and/or threats to commit extortion and/or the commission or threat of physical violence to persons and property; and (6) travel in interstate commerce and the use of facilities in interstate commerce with intent to commit crimes of violence to further acts of extortion and/or arson, and/or to promote, manage, establish, or facilitate the promotion, management, establishment of extortion or arson. (Complaint ¶2). A. Proximate Cause and Standing 1. Standing a. DWHO and Summit The Terry Defendants allege that DWHO and Summit lack the necessary “proximate causation” and standing to bring both 18 U.S.C. § 1962(e) (“substantive RICO”) and (d) (“RICO conspiracy”) charges against them. The plaintiff clinics argue that in addition to defendants’ conduct at the plaintiff clinics the Defendants’ “threats and acts of nationwide violence” satisfy the requirements of standing and proximate cause for the substantive RICO and RICO conspiracy claims. Defendants maintain that Plaintiffs’ allegations regarding “illegal anti-abortion activities elsewhere [at clinics other than DWHO and Summit]” are insufficient to show proximate cause. RICO’s standing provision for civil eases, 18 U.S.C. § 1964(c), provides: Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee. Thus, to have standing to assert claims for either substantive RICO or RICO conspiracy violations, a plaintiff must be injured in her “business or property” due to the violation. The seminal case on RICO standing and proximate causation is Holmes v. S.I.P.C. There, the Supreme Court concluded that under § 1964(c), the plaintiff need not be directly injured by the defendants. Rather, common law principles of proximate cause apply. Holmes v. S.I.P.C., 503 U.S. 258, 268-70, 112 S.Ct. 1311, 1318, 117 L.Ed.2d 532 (1992). The requirement that there be proximate cause bars a plaintiff from recovering where her injury flowed “merely from the misfortunes visited upon a third person by the defendant’s acts.” Id. (citing 1 J. Sutherland, Law of Damages 55-58 (1882)). In Holmes, the Supreme Court concluded that plaintiff Securities Investor Protector Corporation (“SIPC”) did not have standing to sue a broker-dealer under RICO despite SIPC’s claim that it had the subrogated rights of the broker-dealer’s customers because the link between the alleged stock manipulation which caused the injury and losses to the nonpurchasing customers was too contingent on the broker-dealer’s inability to pay the claims and was therefore too remote to be the proximate cause of the customers’ injuries. However, in this case, the Supreme Court has already noted that the Second Amended Complaint made sufficient allegations to confer standing. NOW v. Scheidler, — U.S. at -, 114 S.Ct. at 803. The plaintiff clinics alleged in the Second Amended Complaint that (1) the defendants conspired to use force to induce climes staff and patients to stop working and obtaining services elsewhere; and (2) that the conspiracy injured the business and/or property interests of the plaintiffs. Id. The Court stated that in light of the limited requirement that “at the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice, for on a motion to dismiss we presume that general allegations embrace those specific allegations that are necessary to support the claim,” Id. (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 2137, 119 L.Ed.2d 351 (1992).), “nothing more is needed to confer standing ... at the pleading stage.” Id. The following allegations are set forth as examples that show injury to the Plaintiffs and that have been connected to each of the specific defendants: 1. Attempted and actual extortion committed by Scheidler on April 11,1986 when he threatened DWHO’s clinic administrator with “reprisals” if she refused to quit her job at the clinic. (Complaint ¶ G). [This allegedly harmed DWHO because it caused the clinic to lose personnel and be forced to retrain a new administrator. It allegedly harmed NOW’S members because it hampered their ability to transact business with the clinic, and may have increased the cost of obtaining DWHO’s services.] 2. Attempts, conspiracies to commit and the commission of extortion and/or physical violence by Operation Rescue when it organized a “National Day of Rescue” on October 29, 1988, and blocked access to clinics in forty cities and attempted to force the clinics to close. (Complaint ¶ 1(4)). [This allegedly harmed the plaintiffs because, reading the complaint in the light most favorable to the plaintiffs, the activities surrounding the National Day of Rescue was committed against both Summit and DWHO. This, in turn, caused the plaintiff clinics to lose business that day, and NOW’s members to be unable to transact business with the target climes on that day.] 3. Attempts, conspiracies to commit and the commission of extortion by Scheidler, Murphy, Migliorino, Wojnar, PLAL and “others” against DWHO and Summit by conspiring to steal, stealing, and hiding interstate shipments of fetal specimens. (Complaint ¶ J(l)). [This harmed both DWHO and Summit by interfering with their business relations with Vital-Med.] 4. Scheidler, Murphy, PLAL, and “others” threatened to disclose private information about the patients of the plaintiff clinics in connection with the theft of the fetal remains. This was done in order to interfere with the actual or prospective business relations with the plaintiff clinics. (Complaint ¶ J(2)). [The clinics argue that Defendants’ actions harmed their business relationship with potential and current patients because the patients’ confidential medical information could be revealed by Defendants.] 5. Attempts and conspiracies to commit extortion by Seheidler, Murphy, Migliori-no, Wojnar, PLAL, and “others” against doctors working with “clinics affiliated with DWHO and Summit” by disclosing the names of the doctors who worked at the clinics. Defendants disclosed those names to induce fear in the doctors and force them (and the clinics who employed them) to forego the economic benefits of their business relations. (Complaint ¶¶ 87(K)-87(L)). [The clinics argue that this disclosure harmed the clinics business, and NOW’S ability to transact business with the clinics and the doctors practicing at those clinics.] 6. Migliorino forced Summit’s new lessor to breach its lease with the clinic by threatening to disrupt and harass the other tenants if Summit were allowed to move into the building. (Complaint ¶¶ 80-81). [This harmed Summit by having to incur the expense of finding a new location and, Plaintiffs allege, increased rental costs.] 7. Migliorino, Murphy, Wojnar, and Seheidler have used the telephone and mail to intimidate and harass clinics in at least six states. (Complaint ¶35). [Causing harm to the target climes (DWHO and Summit are not alleged to be targets of this activity) by violating the Hobbs Act and causing intimidation and harassment as well as increasing staff turnover, and increasing costs by requiring higher salaries to keep staff at the plaintiff clinics]. 8. Terry was the executive director of Project Life and was the national organizer of Operation Rescue. Terry also served on the leadership council of PLAN and conspired with others in PLAN to close clinics through force and violence. (Complaint ¶ 12). Operation Rescue and Project Life, in turn, executed over on hundred violent blockades of clinics that performed abortions. Terry participated in these blockades. (See Complaint ¶¶ 60-66). [This harmed the target clinics by interfering with their business relationships with patients and employees. Plaintiffs also argue that the blockades force the target clinics to give up property rights. None of these blockades were alleged to have occurred at the plaintiff clinics’ premises. However, the conspiracy to close clinics through violence could arguably affected the plaintiffs because they are clinics that perform abortions and are therefore in the class of clinics targeted by PLAN.] 9.Scholberg conspired with others at PLAN conferences and “mini-conferences” to close climes through force and violence and participated in several violent clinic blockades (at several of which Scholberg was arrested), although none of the blockades were at either of the plaintiff clinics. (Complaint ¶¶ 53, 55, 58). [Plaintiffs allegedly were injured by Scholberg’s participation in the planning and conspiring to close climes through force and violence.] Thus, the allegations under the Third Amended Complaint alleges sufficient facts to satisfy general standing requirements, which is all that is required at the pleading stage. NOW v. Scheidler, — U.S. at -, 114 S.Ct. at 803; see Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-61, 112 S.Ct. 2130, 2136 (1992); Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206-07, 45 L.Ed.2d 343 (1975). b. NOW NOW presents a special standing problem. The Seheidler Defendants allege that NOW lacks organizational standing to bring the claims under the Third Amended Complaint. Generally, an injured party must assert her own legal rights and interests and cannot rest her claim to relief on the legal rights or interests of third parties. Warth v. Seldin, 422 U.S. at 499, 95 S.Ct. at 2205; Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584, 600 (7th Cir.1993). However, in certain circumstances, an association may have standing solely as the representative of its members. Warth v. Seldin, 422 U.S. at 511, 95 S.Ct. at 2211; Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d at 600; Southwest Suburban Bd. of Realtors v. Beverly Area Planning Ass’n, 830 F.2d 1374, 1380 n. 3 (7th Cir.1987) (citing cases). The landmark ease for assoeiational, or organizational, standing is Hunt v. Washington Apple Advertising Comm’n, 432 U.S. 333, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977). The Hunt test is as follows: [A]n association has standing to bring suit on behalf of its members when: (a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. Hunt, 432 U.S. at 343, 97 S.Ct. at 2441. Nonetheless, the possibility of representational standing does not “eliminate or attenuate the constitutional requirement of a case or controversy.” Warth v. Seldin, 422 U.S. at 511, 95 S.Ct. at 2211; see Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972). The Hunt test was recently reaffirmed in International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America v. Brock, 477 U.S. 274, 106 S.Ct. 2523, 91 L.Ed.2d 228 (1986), where the Court specifically noted that very often an organization will present an especially efficient vehicle for litigation from the perspective of both the litigants and the judicial system. Brock, 477 U.S. at 289, 106 S.Ct. at 2532. The Court continued, “[a] preexisting organization can often draw upon a preexisting reservoir of experience, research, and capital. These resources ... can often sharpen the presentation of issues appreciably — one of the primary concerns of the doctrine of standing.” Retired Chicago Police Ass’n, 7 F.3d at 600 (citing Brock); see Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U.S. 123, 187, 71 S.Ct. 624, 656, 95 L.Ed. 817 (1951) (Jackson, J., concurring). The first prong of the Hunt test is the ability of the members of the association to sue in their own right for the alleged injury. Hunt, 432 U.S. at 343, 97 S.Ct. at 2441; see Brock, 477 U.S. at 282, 106 S.Ct. at 2529. The Scheidler Defendants maintain, without citing authority, that NOW does not meet the first prong of this test because “only those NOW members injured in their ‘business or property would have standing to sue under RICO.” Plaintiffs argue, however, that “the [Third Amended] Complaint has alleged direct inference with NOW members’ business and property rights sufficient to meet the first Hunt element. See ¶¶4, 5; Schiffels v. Kemper Financial Services, Inc., 978 F.2d 344, 351 (7th Cir.1992)”. (Response p. 20 n. 6). This court has been given some guidance from the Supreme Court in its opinion reversing the dismissal of this case. NOW v. Scheidler, — U.S. at -, 114 S.Ct. at 803. The Court emphasized that “at the pleading stage, general factual allegations of injury resulting from the defendant’s conduct may suffice.” Id. (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 2137, 119 L.Ed.2d 351 (1992). The Court concluded that DWHO and Summit had claimed sufficient injury to their business and/or property interests to confer standing on both of the clinics. Id. However, alleging injury is not enough; RICO requires the complaining party to have been “injured [in her] business and/or property interests” in order to establish standing. 18 U.S.C. § 1964(c). Mindful of Congress’ broad remedial purposes in enacting RICO, courts have interpreted the phrase “business or property” to mean only commercial interests, as distinct from personal interests such as pain and emotional suffering. See, e.g., Doe v. Roe et al., 958 F.2d 763 (7th Cir.1992) (value of client’s sexual activity, allegedly performed for attorney to pay legal fees incurred in divorce proceeding was not “business or property” for purposes of RICO); Rylewicz v. Beaton Svcs., 888 F.2d 1175, 1180 (7th Cir.1989) (the terms “business or property” are words of limitation which preclude recovery for personal injuries and the pecuniary losses incurred therefrom); Oscar v. University Students Co-op. Ass’n, 965 F.2d 783 (9th Cir.1992) (personal injuries, such as diminution of enjoyment of apartment suffered by tenant as result of alleged drug racketeering in neighboring apartment, not compensable under RICO); Van Schaick v. Church of Scientology of Cal. Inc., 535 F.Supp. 1125, 1137 (D.Mass.1982); Savastano v. Thompson Medical Co., 640 F.Supp. 1081, 1087 (S.D.N.Y.1986). The Supreme Court has focused this court’s interpretation of the “business or property” language. The Court found standing under the Second Amended Complaint because of allegations that the Defendants “conspired to use force to induce clinic staff and patients to stop working and obtain medical services elsewhere.” NOW v. Scheidler, — U.S. at -, 114 S.Ct. at 803. The Third Amended Complaint alleges that NOW’s members have been harmed by the Defendants’ blockades, threats, and destruction because women members are unable to avail themselves of a commercial relationship; the ability to transact business with the clinics. This type of injury does indeed implicate the right to transact legal business. Moreover, this type of injury is clearly not the kind of injury for which courts have barred recovery under RICO — it is not a “personal” injury such as pain, suffering, or humiliation. Therefore, NOW’s women members would have a right to sue in their own capacities. Thus, the first prong of the Hunt test is satisfied. The second prong of the Hunt test is whether the interests that the organization seeks to protect or enforce are germane to the organization’s purpose. Hunt, 432 U.S. at 343, 97 S.Ct. at 2441; see Brock, 477 U.S. at 282, 106 S.Ct. at 2529. NOW’s organizational purpose is “advancing and protecting the legal rights of women.” The Defendants contend that because NOWs purpose is not abortion-specific, it may not maintain standing to prosecute this suit. Plaintiffs maintain, however, that NOW seeks to ensure reproductive freedom, which it contends is “unquestionably germane” to NOWs organizational purpose. Plaintiffs argue, moreover, that it is not necessary that the organization’s sole purpose relate to the issue being litigated. Plaintiffs are correct. Hunt, 432 U.S. at 343, 97 S.Ct. at 2441 (interests sought to be protected must be “germane to the organization’s purpose”); Brock, 477 U.S. at 287, 106 S.Ct. at 2531 (same, quoting Hunt). Ensuring the right to abortions is a germane interest to NOWs purpose of protecting the legal rights of women. The fact that some do not share NOWs view that ensuring access to abortion services advances and protects the legal rights of women does not diminish the existence of the right or the validity of NOW’s interpretation of its goals. Since Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), the Supreme Court has recognized a woman’s right to have an abortion under certain circumstances without undue interference by the state. See also Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992); Hodgson v. Minnesota, 497 U.S. 417, 110 S.Ct. 2926, 111 L.Ed.2d 344 (1990); Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 110 S.Ct. 2972, 111 L.Ed.2d 405 (1990). To the extent that the Third Amended Complaint alleges that that legal right is or has been hampered or threatened by Defendants, it conforms with NOWs purpose of protecting women’s rights sufficiently to meet the second prong of the Hunt test. The final prong of the Hunt test is whether the claim asserted or the relief requested requires the participation of individual members in the lawsuit. Hunt, 432 U.S. at 343, 97 S.Ct. at 2441; see Brock, 477 U.S. at 282, 106 S.Ct. at 2529. Defendants contend that NOW cannot satisfy this prong of the test because individual members will have to participate in the suit to prove the damages that they actually suffered. Plaintiffs argue that individual members will not have to participate in the suit because NOW does not seek damages under the Third Amended Complaint, rather, it seeks injunctive relief for its members. Therefore, NOW argues, there is no need for individual participation in the suit. NOW sues only for injunctive relief. The only potential recipients of treble damages would be DWHO, Summit, and any possible class of climes that they might represent. Thus, there would be no need for individual NOW members to establish pecuniary loss. NOW need only show, at the pleading stage, that some members would benefit from the injunctive relief requested. Warth v. Seldin, 422 U.S. at 515, 95 S.Ct. at 2213 (“the remedy, if granted, will inure to the benefit of those members of the association actually injured”); Brock, 477 U.S. at 288, 106 S.Ct. at 2531-32; Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d at 601. It may be necessary for at least some of NOW’s membership to testify as to their impediments in receiving treatment at abortion clinics; however, the limited nature of this proof will not force NOW to violate Hunt’s third prong. NOW has standing to sue as an association. 2. Requirement of Predicate Act as Proximate Cause Defendants contend that even if there is standing and general proximate cause, Plaintiffs should not be allowed to prosecute this case because their injuries do not arise out of predicate acts under RICO. Plaintiffs contend that the injuries need not arise out of predicate acts, as long as the injuries arise out of acts in furtherance of the con