Floyd
Floyd v. 24 Hour Fitness USA, LLC.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL DEVIN FLOYD, Case No. 23-cv-00871-EMC
8 Plaintiff, ORDER ON DEFENDANT’S SECOND
MOTION FOR SUMMARY
9 v. JUDGMENT
10 24 HOUR FITNESS USA, LLC, Docket No. 127-1 11 Defendant.
12 13 I. INTRODUCTION 14 Plaintiff Michael Devin Floyd, proceeding pro se, has filed suit against Defendant 24 Hour 15 Fitness USA, LLC (“24H”). Mr. Floyd alleges that 24H violated his rights by, inter alia, having 16 him removed from a gym on two different occasions and then terminating his gym membership. 17 This Court granted 24H’s first motion for summary judgment, dismissing Mr. Floyd’s claims of 18 negligent infliction of emotional distress (NIED), breach of contract, breach of the implied duty to 19 perform with reasonable care, breach of the implied covenant of good faith and fair dealing, and a 20 violation of California Business and Professions Code § 17200. Dkt. 130. Before the Court is 21 24H’s second motion for summary judgment on…