„Entities constitute a typical enterprise whenever they display either straight or horizontal commonality—qualities which may be demonstrated by a showing of strongly interdependent financial passions or even the pooling of assets and profits.“ F.T.C. v. System Servs. Depot, Inc., 617 F.3d 1127, 1142-43 (9th Cir. 2010). In determining whether a standard enterprise exists, courts may think about such facets as if the organizations had been under typical ownership and control; if they pooled resources and staff; whether or not they shared telephone numbers, workers, and e-mail systems; and if they jointly took part in a „common endeavor“ by which they benefited from the provided company scheme or referred clients one to the other. Id. at 1243.
To get its declare that the Tucker Defendants involved with a standard enterprise, the FTC points out that „the Tucker business Defendants, wholly owned and managed by Scott Tucker and Blaine Tucker, shared work place with one another and provided workers with AMG.“ (Mot. for Prelim. Inj. 24:13-14; see also Ex. 57 to Singhvi Decl., ECF No. 57; Cert. of Int. Events, ECF No. 58; Tucker Defs.‘ Am. Ans. ¶¶ 10-12, 15, ECF No. 397). Further, the FTC additionally shows that the Tucker business Defendants and also the Lending Defendants commingled funds that are corporate „1000s of excessive and apparently random payments produced by the Lending Defendants to your Tucker business Defendants.“ (Mot. for Prelim. Inj. 24:13-14; see also Ex. 5 to Singhvi Decl. at 5-7, 22-25, 45, 53, 57, 67-70, ECF No. 781-11).
The „Tucker Corporate Defendants“ are: AMG; amount 5 Motorsports, LLC; LeadFlash asking LLC; Ebony Creek Capital Corporation; and Broadmoor Capital Partners.
Even though the Tucker Defendants acknowledge that „the almost all the movement for Preliminary Injunction is specialized in wanting to establish that Scott and Blaine Tucker had been people in the so-called typical enterprise,“ they neither reveal nor refute the FTC’s proof that lenders involved in a typical enterprise. (Tucker Defs.‘ Resp. 21:10-11, ECF No. 797). Pokračování textu Loan providers Engaged in a standard Enterprise