Justino Rupard v. County of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 ESTATE OF LONNIE RUPARD, et al., Case No.: 23-CV-1357-CAB-BLM

Plaintiffs,

ORDER GRANTING MOTION FOR

v. RECONSIDERATION

COUNTY OF SAN DIEGO, et al., [Doc. Nos. 142, 143, 150] Defendants. 14 In its prior order, the Court determined that Plaintiffs lacked standing to pursue survival claims. [Doc. No. 136.] Of course, Plaintiffs must “have standing at the outset of the litigation.” Friends of the Earth, Inc. v. Laidlaw Env’t Servs. (TOC), Inc., 528 U.S. 167, 180 (2000). This Article III obligation cannot be waived. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94–95 (1998). There are no principles of fairness, justice, or discretion that alter this threshold requirement. Id. Plaintiffs had standing to pursue the other claims against the County defendants. In their motion for reconsideration, Plaintiffs argue that under Rule 17(a)(3), they are entitled to amend their complaint to add the proper…