Logan v. City of Mesa Police Department et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Robert Logan,
Plaintiff,
v.
City of Mesa Police Department, et al.,
Defendants.
No. CV-26-04291-PHX-KML
ORDER
On June 25, 2026, defendant City of Mesa answered plaintiff’s complaint. (Doc. 9.)
On October 8, 2026, the City filed a motion to dismiss plaintiff’s state-law claims. The city
identified its motion as brought “[p]ursuant to Federal Rule of Civil Procedure 12(b)(6).”
(Doc. 25.) “A Rule 12(b)(6) motion must be made before the responsive pleading.” Elvig
v. Calvin Presbyterian Church, 375 F.3d 951, 954 (9th Cir. 2004). The City’s motion is
procedurally improper, and it is denied. The City may renew its arguments regarding
plaintiff’s state-law claims in a motion for summary judgment after the conclusion of
discovery.
IT IS ORDERED the Motion to Dismiss (Doc. 25) is DENIED.
Dated this 9th day of October, 2026.
Case 2:26-cv-04291-KML Document 27 Filed 10/09/26 Page 1 of 1