Gradetech, Inc. v. City of San Jose

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8

9 GRADETECH, INC., and SAM Case No. 19-cv-06157-NC 10 RIVINIUS

ORDER GRANTING IN PART AND

11 Plaintiffs,

DENYING IN PART DEFENDANTS’

12 v. MOTION TO DISMISS; GRANTING

LEAVE TO AMEND

13 CITY OF SAN JOSE, et al., 14 Defendants. Re: Dkt. No. 17

15 16 This case arises out of an ongoing dispute between the City of San Jose and 17 contractor Gradetech, Inc. over a bike park construction project. Gradetech and its owner, 18 Sam Rivinius, bring claims under 42 U.S.C. § 1983 against the City of San Jose and its 19 employees for First Amendment retaliation and due process violations, and also seek a writ 20 of mandamus reversing their disqualification from a later contract. Defendants move to 21 dismiss all claims under Rule 12. The Court FINDS that Plaintiffs adequately alleged their 22 First Amendment retaliation claim, their due process claim for deprivation of property, and 23 their claim for a writ of mandamus and DENIES the motion to dismiss those claims. …