Acro-Tech, Inc. v. Robert Jackson Family Trust

MEMORANDUM ***

Plaintiffs Reggie and Lisa Huff appeal the district court’s dismissal of their state and federal RICO actions against Defendants.

1. The district court did not err in dismissing Plaintiffs’ 18 U.S.C. § 1962 (e) RICO and Oregon Revised Statute (“ORS”) § 166.720(3) ORICO claims. Reviewing de novo, we agree with the district court’s holding that Plaintiffs’ Second Amended Complaint did not adequately plead “enterprise.”

Plaintiffs alleged that Hailsworth and Robert Jackson made decisions together and worked cooperatively. This allegation is one of conspiracy — it does not satisfy the standard that an enterprise must, “[a]t minimum, ... have some sort of structure ... for the making of decisions and some mechanisms for controlling and directing the affairs of the group on an on-going, rather than an ad hoc, basis.” Simon v. Value Behavioral Health, Inc., 208 F.3d 1073, 1083 (9th Cir.2000) (internal quotation marks omitted).

Plaintiffs’ allegation that Boutin exercised control over the enterprise is also inadequate. Boutin was not a member of the alleged enterprise. Further, it is unclear how Boutin could have “exercised control” over the enterprise via “consultation…