The Distance Learning Company v. The Maynard Group

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THE DISTANCE LEARNING COMPANY, Case No. 19-cv-03801-KAW

8 Plaintiff,

ORDER GRANTING MOTION TO

9 v. DISMISS

10 DERICK GENE MAYNARD, et al., Re: Dkt. No. 43 11 Defendants.

12 13 Plaintiff The Distance Learning Company filed this putative class action against 14 Defendants Bethany Susan Maynard and Derick Gene Maynard, asserting that Defendants are 15 seeking “to suppress competition and maintain control in the field of online traffic schools.” (First 16 Amended Compl. (“FAC”) ¶ 2, Dkt. No. 39.) 17 Pending before the Court is Defendants’ motion to dismiss. (Defs.’ Mot. to Dismiss, Dkt. 18 No. 43.) Having considered the parties’ filings and the relevant legal authority, the Court 19 GRANTS Defendants’ motion. 20 I. BACKGROUND 21 Plaintiff and the putative class operate online driver’s education and traffic schools in 22 California. (FAC ¶ 9, 14.) The California Department of Motor Vehicles (“DMV”) permits any 23 company to set…