Lemongas Enterprises, Inc. v. The City of Bakersfield

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEMONGAS ENTERPRISES, INC., et al. Case No. 1:23-cv-00404-CDB

Plaintiffs, FINDINGS AND RECOMMENDATIONS TO

GRANT DEFENDANTS’ MOTION TO DISMISS

v. PURSUANT TO FED. R. CIV. PRO. 12(b)(1) AND

DISMISS COMPLAINT WITHOUT LEAVE TO

THE CITY OF BAKERSFIELD., et al. AMEND

Defendants. (Doc. 10)

16 14-DAY DEADLINE 17 Clerk of Court to Assign District Judge 18

Pending before the Court is Defendants City of Bakersfield and Bakersfield Police Departments (“BPD”) motion to dismiss pursuant to Fed. R. Civ. Pro. 12(b)(1) and 12(b)(6), motion to strike pursuant to Fed. R. Civ. Pro. 12(f), and a request for judicial notice. (Docs. 10-11). Plaintiffs Lemongas Enterprises, Inc. (“Lemongas”) and Randeep Singh Dhillon (“Dhillon”) filed an opposition to Defendants’ motion to dismiss pursuant to Fed. R. Civ. Pro. 12(b)(1) and Defendants filed a reply. (Docs. 15, 17). For the foregoing reasons, the Court will recommend Defendants’ motion to dismiss be granted and…