Prout

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN MICHAEL PROUT, Case No.: 24-CV-703 JLS (DEB)

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

COSTCO, (ECF No. 5) Defendant. Presently before the Court are Defendant Costco Wholesale Corporation’s (“Defendant” or “Costco”) Motion to Dismiss Plaintiff’s Complaint (“Mot.,” ECF No. 5) and supporting Memorandum of Points and Authorities (“Mem.,” ECF No. 5-1). Plaintiff Kevin Michael Prout filed an Opposition brief (“Opp’n,” ECF Nos. 7, 7-1),1 and Defendant submitted a Reply (“Reply,” ECF No. 9). The Court took the Motion under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). ECF No. 8. Having carefully considered the Parties’ arguments and the law, the Court GRANTS the Motion. BACKGROUND On November 16, 2023, Plaintiff filed his Complaint (“Compl.,” ECF No. 1). The Complaint lists “Costco Mission Valley” at “2345…