Nahmens

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CATHERINE NAHMENS, No. 2:22-cv-01039-TLN-JDP Plaintiff, v. ORDER BROOKE ROLLINS, Secretary of the United States Department of Agriculture, 15 Defendant.

17 This matter is before the Court on Cross-Motions for Summary Judgment filed by Plaintiff Catherine Nahmens (“Plaintiff”) and Defendant Brooke Rollins in her official capacity as the Secretary of the United States Department of Agriculture1 (“USDA” or “Defendant”). (ECF Nos. 56, 62.) Both motions are fully briefed. (ECF Nos. 65, 66.) For the reasons set forth below, the Court DENIES Plaintiff’s motion and GRANTS Defendant’s motion. /// ///

Pursuant to Federal Rule of Civil Procedure (“Rule”) 25(d), “[t]he officer’s successor is 26 automatically substituted as a party” when a public officer “ceases to hold office while the action is pending.” Fed. R. Civ. P. 25(d). Accordingly, Brooke Rollins is automatically substituted as a party for Thomas Vilsack, the former Secretary of the…