Appelsmith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORION WINE IMPORTS, LLC and No. 2:18-cv-01721-KJM-DB

PETER E. CREIGHTON,

12 Plaintiffs, ORDER v. 14 JACOB APPLESMITH, in his official capacity as Director of the California Department of Alcoholic Beverage Control, Defendant. 18 Plaintiffs Orion Wine Imports, LLC (“Orion”) and Peter E. Creighton bring this action under 42 U.S.C. § 1983 challenging the constitutionality of California Business & Professions Code section 23661 (“section 23661”) and related California statutes, which permit alcoholic beverages to be imported into California only when consigned and delivered to a licensed importer at the importer’s licensed premises or at a licensed public warehouse. Second Am. Compl. (“SAC”), ECF No. 32. Defendant Jacob Applesmith moves to dismiss plaintiffs’ Second Amended Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Mot., ECF No. 33-1. Plaintiffs filed an opposition, ECF No. 35, and defendant a reply, ECF No.…