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 FAC

DJO GLOBAL INC., DJO, LLC,

and DOES 1–20, [ECF NO. 15] Defendants. 18 Pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint (ECF No. 15 (“Mot. to Dismiss FAC”)). 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 orthopedic rehabilitation boots with soles that are thicker than 2.6 cm. (ECF No. 12 (“FAC”), ¶¶ 1, 9, 12, 14.) DJO sells its boots “directly to consumers and indirectly through prescribing medical intermediaries.” (Id. at ¶ 13.) On…