Phillips-Kerley

INTRODUCTION

17 David Phillips-Kerley brings nine causes of action against the City of Fresno in his Second 18 Amended Complaint (“2AC”), arising from harassment, retaliation and other forms of wrongdoing 19 that he allegedly experienced over a span of several years as a firefighter with the City of Fresno 20 Fire Department (“Fresno Fire Department”). Doc. No. 47. 21 The City of Fresno now moves for dismissal of three of the causes of action in the 2AC. 22 Doc. No. 50-1. The City of Fresno also moves the Court to strike portions of the 2AC and to order 23 a more definite statement. Id. 24 For the reasons that follow, the Court will grant the motion to dismiss, grant the motion for 25 a more definite statement, and deny the motion to strike as moot. Plaintiff will be afforded one 26 opportunity to amend certain claims. The Court instructs counsel for Phillips-Kerley to give due 27 consideration to the findings in this Order in any amended pleading. 28 FACTUAL BACKGROUND Phillips-Kerley has been employed by the Fresno Fire Department since 2004. Doc. No. 47 ¶¶ 10-12. In August 2010, as he was preparing to go off-duty, Phillips-Kerley asked a…