Flores

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THE UPPER DECK COMPANY, a Case No.: 21cv1182-GPC(KSC) Nevada corporation,

ORDER:

Plaintiff, 13 v. 1) GRANTING DEFENDANT’S

MOTION TO SET ASIDE DEFAULT;

MIGUEL FLORES AND DOES 1-100,

15 inclusive, 2) GRANTING IN PART AND 16 Defendant. DENYING IN PART DEFENDANT’S MOTION TO DISMISS WITH

LEAVE TO AMEND

[DKT. NOS. 8, 9.]

20 Before the Court is Defendant’s motion to set aside default and motion to dismiss 21 the first amended complaint. (Dkt. Nos. 8, 9.) Oppositions to these motions were filed 22 by Plaintiff. (Dkt. Nos. 11, 12.) Defendant filed a reply to his motion to set aside default 23 but did not file a reply to the motion to dismiss. (Dkt. Nos. 13, 14.) The Court finds that 24 the matter is appropriate for decision without oral argument pursuant to Local Civ. R. 25 7.1(d)(1). Based on the reasoning below, the Court GRANTS Defendant’s motion to set 26 aside default and GRANTS in part and DENIES in part…