Casenas
Erlindo Casenas v. Milpitas Police Officers Association, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERLINDO CASENAS, Case No. 24-cv-08565-PCP
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MPOA’S MOTION
TO DISMISS; STRIKING DKT. NO.
MILPITAS POLICE OFFICERS ASSOCIATION, et al., Re: Dkt. Nos. 26, 38, 50 11 Defendants.
12 Defendant Milpitas Police Officers Association (MPOA) moves to dismiss self-represented plaintiff Erlindo Casenas’s first amended complaint or to quash service of summons under Federal Rules of Civil Procedure 12(b)(4), 12(b)(5), 12(b)(6), and other grounds. Plaintiff alleges claims against MPOA, the City of Milpitas, the Milpitas Police Department, various police officers, 24 Hour Fitness USA, LLC, and one individual, Aarondeep Singh Tumber, arising from plaintiff’s alleged harassment at a 24 Hour Fitness and the officers’ response and subsequent arrest of plaintiff. For the reasons below, MPOA’s motion to dismiss is granted in part and denied in part. BACKGROUND …