Floyd
Floyd v. 24 Hour Fitness USA, LLC.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL DEVIN FLOYD, Case No. 23-cv-00871-EMC
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
24 HOUR FITNESS USA, LLC, Defendant. Docket No.
12 13 Plaintiff Michael Devin Floyd, proceeding pro se, has filed suit against Defendant 24 Hour Fitness USA, LLC (“24HF”). Mr. Floyd alleges that 24HF violated his rights by, inter alia, having him removed from a gym on two different occasions and then terminating his gym membership. Now pending before the Court is 24HF’s motion to dismiss the operative pleading which is the first amended complaint (“FAC”). Having considered the parties’ briefs as well as their oral argument at the hearing held on January 9, 2025, the Court hereby GRANTS in part and DENIES in part the motion to dismiss. I. FACTUAL & PROCEDURAL BACKGROUND In the FAC, Mr. Floyd alleges as follows. Mr. Floyd has been a member of 24HF…