MetroPCS v. SD Phone Trader

ORDER DENYING DEFENDANT CARLOS ELIZONDO’S MOTION TO DISMISS

HON. DANA M. SABRAW, United States District Judge

This case comes before the Court on the motion to dismiss filed by Defendant Carlos Elizondo. Plaintiff filed an opposition to the motion, and Defendant filed a reply. For the reasons set out below, the Court denies the motion.

I

BACKGROUND

T-Mobile sells wireless handsets under the brand MetroPCS for use with Me-troPCS service on the T-Mobile wireless network. (Compl. ¶ 5.) These handsets are sold at prices significantly below the wholesale cost to MetroPCS to make them more widely…