Morgan Hill Concerned Parents Association v. California Department of Education

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MORGAN HILL CONCERNED Case No. 18-cv-03367-VC

PARENTS ASSOCIATION,

Plaintiff, ORDER GRANTING CDE'S MOTION

TO DISMISS

v. Re: Dkt. No. 406

CALIFORNIA DEPARTMENT OF

EDUCATION,

Defendant.

The motion to dismiss is granted, and the case is dismissed for lack of jurisdiction. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. To adequately allege associational standing, Morgan Hill Concerned Parents Association (MHCPA) MHCPA must include in its complaint “specific allegations establishing that at least one identified member had suffered or would suffer harm.” Associated General Contractors of America v. California Dep’t of Transportation, 713 F.3d 1187, 1194 (9th Cir. 2013) (quoting Summers v. Earth Island Institute, 555 U.S. 488, 498 (2009)). The complaint fails to identify any member of the organization that suffered harm. The complaint attaches an exhibit with the experiences of seventeen children in California, but the exhibit does not identify these children as members of the organization. See Ex. A (“The…