Bennett Montoya v. City of San Francisco, CA.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BENNETT MONTOYA, Case No. 17-cv-06534-JD

8 Plaintiff,

ORDER RE MOTION TO DISMISS

9 v. SECOND AMENDED COMPLAINT

10 CITY OF SAN FRANCISCO, Re: Dkt. No. 54 Defendant. 11

12 This order resolves defendants’ motion to dismiss plaintiffs’ second amended complaint 13 under Federal Rule of Civil Procedure 12(b)(6), or in the alternative for a more definite statement 14 under Federal Rule of Civil Procedure 12(e). Dkt. No. 54. 15 DISCUSSION 16 The parties’ familiarity with the facts and record are assumed. The Court orders as 17 follows: 18 1. Scope of Plaintiffs’ First Cause of Action 19 The Court dismissed plaintiffs’ second and third causes of action, and noted that “[t]his 20 leaves only plaintiffs’ first claim, for a violation of 42 U.S.C. § 1983 and § 1988, on the basis that 21 defendants ‘deprived plaintiffs of the[ir] constitutional rights’ under the Fourteenth Amendment to 22 the United States Constitution ‘in…