Pro 49 Development, LLC v. Ness Express 1, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 PRO 49 DEVELOPMENT, LLC, a No. 2:24-cv-01850-JAM-JDP California limited liability company, Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO DISMISS NESS EXPRESS 1, LLC, a Delaware limited liability company; ADAM DECKER, an individual; JOSEPH DECKER, an individual; TOMMY’S EXPRESS LCC, a Michigan limited liability company; RYAN ESSENBURG, an individual; and DOES 1 through 100, inclusive, 18 Defendants. 19 Before the Court is Defendants Tommy’s Express LLC and Ryan Essenburg’s (collectively, the “Tommy’s Defendants”) motion to dismiss. See Mot., ECF No. 32-1. Pro 49 Development (“Plaintiff”) opposes. See Opp’n, ECF No. 35. The Tommy’s Defendants reply. See Reply, ECF No. 38. For the following reasons, the motion is GRANTED IN PART and DENIED IN PART.1

1This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for…