Tibrio, LLC v. Flex Marketing, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TIBRIO, LLC, Case No.: 23cv1167-LL-BGS

Plaintiff,

ORDER GRANTING DEFENDANT

v. FLEX MARKETING, LLC’S

MOTION TO DISMISS PLAINTIFF

FLEX MARKETING, LLC,

TIBRIO, LLC’S FOURTH

Defendant. AMENDED COMPLAINT

16 [ECF No. 40]

19 Before the Court is Defendant Flex Marketing, LLC’s Motion to Dismiss Plaintiff Tibrio, LLC’s Fourth Amended Complaint. ECF No. 40. Plaintiff Tibrio, LLC filed an Opposition (ECF No. 41), and Defendant Flex Marketing, LLC filed a Reply (ECF No. 42). For the reasons stated below, Defendant’s Motion to Dismiss is GRANTED. / / / / / / / / / / / / / / / I. BACKGROUND This action has been pending since June 23, 2023 when Plaintiff Tibrio, LLC (“Plaintiff”) filed its original Complaint. ECF No. 1. Plaintiff Tibrio is the owner and operator of the website thesavvysampler.com and claims that Defendant Flex Marketing, LLC (“Defendant”) used …