Schrenk

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEITH SCHRENK, dba THE CAR No. 2:19-cv-01302-TLN-CKD

BARN,

12 Plaintiff, ORDER v. 14 CARVANA, LLC; and CARVANA GROUP, LLC, Defendants. 17 This matter is before the Court on Defendants Carvana, LLC and Carvana Group, LLC’s (“Defendants”) Motion to Dismiss (ECF No. 11). Plaintiff Keith Schrenk, doing business as The Car Barn (“Plaintiff”) opposes the Motion (ECF No. 13), and Defendants have replied (ECF No. 14). For the reasons set forth below, Defendants’ Motion to Dismiss is GRANTED with leave to amend. I. FACTUAL AND PROCEDURAL BACKGROUND On May 24, 2019, Plaintiff filed the present action in the Superior Court of the State of California, County of Sacramento. (See ECF No. 1.) On July 12, 2019, Defendants removed the action to this Court. (Id.) By way of the operative Complaint, Plaintiff alleges Defendants operated an unlicensed used car dealership in California and as a result engaged in anticompetitive business practices…