Meyberg

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9

10 DAVID MEYBERG et al., Case No. 19-cv-00700-NC 11 Plaintiffs, ORDER GRANTING 12 DEFENDANTS’ MOTIONS TO v. DISMISS 13 CITY OF SANTA CRUZ, et al., Re: Dkt. No. 96, 98 14 Defendants. 15 16 17 Before the Court are two motions to dismiss. One motion is brought by defendants 18 City of Santa Cruz and various City officials and employees (collectively, “City 19 Defendants”). The other is brought by Ed Guzman, Club Ed, Inc., and Richard Suchomel 20 (collectively, “Club Ed Defendants”). Both groups of defendants seek dismissal of 21 plaintiffs David Meyberg and New Santa Cruz Surf School, LLC’s third amended 22 complaint, alleging an antitrust conspiracy and various constitutional claims. Defendants 23 contend that the City’s municipal ordinance is immune to federal antitrust statutes and 24 Plaintiffs have not identified any constitutional violations. Because Plaintiffs have been 25 unable to state a claim after three attempts, the Court…