Scheibe

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JACOB SCHEIBE, on behalf of all those Case No.: 3:22-cv-01765-BEN-MSB similarly situated,

ORDER DENYING-IN-PART

Plaintiff, DEFENDANT’S MOTION TO v. DISMISS PLAINTIFF’S FIRST

AMENDED COMPLAINT

ESUPPLEMENTS, LLC, a Utah limited 15 liability company doing business as [ECF No. 15] Nutricost,

Defendant. 18 19 I. INTRODUCTION Plaintiff Jacob Scheibe on behalf of himself and all those similarly situated, brings this action against Defendant Esupplements, LLC doing business as Nutricost alleging the misrepresentation and false advertising of certain products. Before the Court is Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint. ECF No. 15. The Motion was submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 18. After considering the papers submitted and applicable law, …