Cupp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES EDWARD CUPP, et al., No. 2:16-cv-00523-TLN-KJN Plaintiffs, 13 v. ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS KAMALA HARRIS, et al., 15 Defendants.

17 This matter is before the Court pursuant to a Motion to Dismiss filed by Defendants Kamala Harris, in her capacity as former Attorney General of the State of California, and Xavier Becerra, in his official capacity as Attorney General of the State of California, (hereafter “Defendant”1). Defendant moves to dismiss Plaintiffs’ Third Amended Complaint (“TAC”). (ECF No. 74.) Plaintiffs James Edward Cupp (“Cupp”) and Lawrence Haven (“Haven”) (collectively, “Plaintiffs”) filed an opposition (ECF No. 76), and Defendant filed a reply (ECF No. 77). For the reasons set forth below, the Court GRANTS Defendant’s Motion to Dismiss with leave to amend only Claims Two and Nine. /// 27 For ease of reading and because Becerra has merely replaced Harris as the Attorney General,…