Vagaro, Inc. v. Miller

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VAGARO, INC., et al., Case No. 23-cv-02591-TSH

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS

ANNIE MILLER, et al., Re: Dkt. No. 9 Defendants.

12 I. INTRODUCTION Pending before the Court is Defendants Annie and Gregory Miller’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 9. Plaintiffs Vagaro, Inc. and 77 West & Co LLC filed an Opposition (ECF No. 16), and Defendants filed a Reply (ECF No. 19). The Court finds this matter suitable for disposition without oral argument and VACATES the August 3, 2023 hearing. See Civ. L.R. 7-1(b). For the reasons stated below, the Court DENIES the motion.1 II. BACKGROUND A. Plaintiffs’ Complaint Allegations Vagaro, Inc. (“Vagaro”) and 77 West & Co LLC (“77 West”) are California-based corporations. ECF No. 1 ¶¶ 6, 7. Annie Miller and Gregory Miller (the “Millers”) are married 24…