In a case arising out of an alleged fraud, the District Court's judgment dismissing as untimely plaintiffs' claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. section 1961 et seq. (RICO), and declining to exercise supplemental jurisdiction over their state‐law claims, is vacated where, although the District Court properly rejected plaintiffs' argument that their claims are timely under New York's so‐called "savings statute," N.Y.C.P.L.R. section 205(a), the Court erred by considering materials outside the pleadings at the motion‐to‐dismiss stage .