Sekerke

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEITH WAYNE SEKERKE, Case No.: 3:19-cv-0034-GPC-RBB Booking No. 18165284,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANTS’ vs. MOTION TO DISMISS PORTIONS

OF PLAINTIFF’S SECOND

AMENDED COMPLAINT AND

ARTURO LEON; MARK O’BRIEN; VACATING HEARING

JON MONTGOMERY; DANE OLSEN

and COUNTY OF SAN DIEGO, [ECF No. 58] Defendants. 19 Before the Court is Defendants Arturo Leon and Mark O’Brien’s motion to dismiss Plaintiff’s First, Second, Third, and Fifth claims for relief in the Second Amended Complaint (ECF No. 54, “SAC”). ECF No. 58. Plaintiff filed an opposition on March 25, 2020. ECF No. 65. Defendants filed a reply on March 31, 2020. ECF No. 66. The Court hereby GRANTS in part and DENIES in part Defendants’ motion and VACATES the hearing on the motion that was scheduled for April 17, 2020. I. Procedural Background …