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Loan providers Engaged in a typical Enterprise

Loan providers Engaged in a typical Enterprise

“Entities constitute an enterprise that is common they display either straight or horizontal commonality—qualities that could 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 give consideration to such facets as perhaps the businesses had been under typical ownership and control; if they pooled resources and staff; whether or not they shared cell phone numbers, workers, and e-mail systems; and if they jointly took part in a “common endeavor” for which they benefited from the provided company scheme or referred clients one to the other. Id. at 1243.

The FTC points out that “the Tucker Corporate Defendants, wholly owned and controlled by Scott Tucker and Blaine Tucker, shared office space with each other and shared employees with AMG.” (Mot in support of its claim that the Tucker Defendants engaged in a common enterprise. 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 plus the Lending Defendants commingled funds that are corporate “a huge number of excessive and apparently random payments produced by the Lending Defendants into the Tucker business Defendants.” (Mot.