This case concerns an alleged scheme to defraud Plaintiff John L. Edmonds (“Edmonds” or “Plaintiff’) of his financial stake as partner in numerous government-assisted residential building projects in upper Manhattan. Following six months of inspection of the Partnerships1 books and records, on June 23,2008 Edmonds filed a $500 million lawsuit alleging various violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., as well as numerous state law claims that sound in fraud, breach of contract and breach of fiduciary duty against individuals and entities involved in the various Partnerships, who are Robert W. Seavey, Phyllis M. Seavey, Avery B. Seavey, Neale B. Seavey. Ronald Dawley, Dalton Management Company LLC (“Dalton”) and the Seavey Organization (the “Seavey Defendants”) as well as the Partnerships’ auditors, the accounting firm Marks, Paneth & Shron (“MP&S”)(collectively, “Defendants”). The Defendants have moved for summary judgment on all of Edmonds’s claims; I the Seavey Defendants also move for summary judgment on their counterclaim for breach of fiduciary duty. For the reasons set forth below, Defendants’ motion for summary judgment on Edmonds’s RICO claim is granted, and the balance are state claims. and with respect to each I choose not to exercise supplemental jurisdiction and thus they must be dismissed.

I. FACTUAL BACKGROUND2

A. Edmonds’s Relationship with the Seaveys and the Partnerships