Dreifort

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANIEL DREIFORT, individually, Case No.: 3:18-cv-02393-BTM- and on behalf of all others similarly KSC 12 situated, ORDER GRANTING IN PART Plaintiffs,

AND DENYING IN PART

14 v. DEFENDANTS’ MOTION TO DISMISS

DJO GLOBAL INC., DJO, LLC,

and DOES 1–20, [ECF NO. 6] Defendants. 18 Pending before the Court is Defendants’ Motion to Dismiss (ECF No. 6 (“Mot. to Dismiss”)). For the reasons discussed below, the motion is GRANTED IN PART AND DENIED IN PART. I. BACKGROUND Defendants DJO Global, Inc. and DJO, LLC (collectively referred to as “DJO”) manufacture a “thick sole walking boot” (“boot”). (ECF No. 1 (“Compl.”), ¶ 2.) DJO sells the boot “both directly to consumers and also indirectly through prescribing medical intermediaries.” (Id. at ¶¶ 2, 17.) Plaintiff was prescribed “an Aircast boot, manufactured by DJO” to assist with an…