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

AMENDED MEMORANDUM ***

Plaintiffs Reggie and Lisa Huff appeal the district court’s denial of their motion to reconsider the dismissal of their state and federal RICO actions against Defendants. We review for abuse of discretion a district court’s denial of a motion to reconsider an order granting summary judgment. Sch. Dist. No. 1J, Multnomah County, Or. v. AC & S, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). Reconsideration is appropriate if the district court: (1) is presented with newly discovered evidence; (2) committed clear error or the initial decision was manifestly unjust; or (3) if there is an intervening change in controlling law. Id. at 1263 . The first and third grounds are inapplicable in this case. We therefore consider only whether the district court committed clear error and whether its decision was manifestly unjust.

1. The district court did not err in dismissing Plaintiffs’ 18 U.S.C. § 1962 (c) 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 Hallsworth and Robert Jackson made…