Sacco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRIAN SACCO individually and on behalf No. 2:20-cv-02330-TLN-KJN of all others similarly situated, 12 Plaintiff, ORDER v.

MOUSEFLOW, INC.,

15 Defendant. 16 17 This matter is before the Court on Defendant Mouseflow, Inc.’s (“Mouseflow, Inc.” or “Defendant”) two Motions to Dismiss. (ECF Nos. 31, 32.) Plaintiff Brian Sacco (“Plaintiff”) filed an opposition. (ECF No. 33.) Defendant filed replies. (ECF Nos. 36, 37.) For the reasons set forth below, the Court GRANTS Defendant’s first motion (ECF No. 31) and DENIES the second motion as moot (ECF No. 32). /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Defendant1 is a Texas corporation with its headquarters in Austin, Texas. (ECF No. 27 at ¶ 5.) Defendant’s business model includes entering into voluntary partnerships with various companies where Defendant licenses the use of its software technology, Mouseflow. (Id. at ¶¶ 13, 15.) Mouseflow is a tool used to record, in real…