Ghilarducci

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 ASHBRITT, INC., Case No. 20-cv-04612-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

MARK GHILARDUCCI, et al., Re: Dkt. No. 22 Defendants.

14 AshBritt Inc. (“Plaintiff”) brings a Section 1983 action against Mark Ghilarducci and Ken DaRosa (collectively, “Defendants”) alleging violation of its First Amendment rights, California procurement law, and Federal Rule of Civil Procedure 57. Defendants’ motion to dismiss Plaintiff’s Second Amended Complaint is now pending before the Court. (Dkt. No. 22.) After carefully considering the amended complaint and the parties’ written submissions, the Court concludes that oral argument is not necessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the December 17, 2020 hearing, and GRANTS in part and DENIES in part in the motion to dismiss. Plaintiff has adequately alleged standing, but the first claim for damages based on violation of Plaintiff’s First Amendment…