Quon

PROCEEDINGS: ORDER GRANTING IN PART AND DENYING IN PART . DEFENDANT ARCH WIRELESS OPERATING CO., INC.’S MOTION TO DISMISS THE FIRST, THIRD AND FOURTH CLAIMS OF THE SECOND AMENDED COMPLAINT

The court, Judge Robert J. Timlin, has read and considered defendant Arch Wireless Operating - Co., Inc. (“Arch Wireless”)’s motion to dismiss the first, third and fourth claims of the Second Amended Complaint (“SAC”) against it (“motion”) for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”); plaintiffs Jeff Quon (“Jeff’), Jerilyn Quon (“Jerilyn”), April Florio (“Florio”), Doreen Klein (“Klein”), and Steve Trujillo (“Trujillo”) (collectively “Plaintiffs”)’ opposition; and Arch Wireless’s reply. Based on such consideration, the court concludes as follows: '

I.

BACKGROUND

The City of Ontario Police Department (“OPD”) issues alphanumeric pagers to many of its employees. Through a wireless electronic text messaging service provided by defendant Arch Wireless pursuant to a contract with the City of Ontario (“City”), users of the alphanumeric pagers can send and receive electronic text messages. OPD issued wireless alphanumeric text pagers to…