Cupp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES EDWARD CUPP, et al.,

Plaintiffs, No. 2:16-cv-00523-TLN-KJN

13 v. ORDER KAMALA HARRIS, et al., 15 Defendants,

17 This matter is before the Court on two motions to dismiss. The first is filed by Defendants Kamala Harris and Xavier Becerra, in their capacities as former Attorneys General of the State of California, and Rob Bonta, in his official capacity as Attorney General of the State of California (collectively, the “Attorney General”1). (ECF No. 84.) The second is filed by Defendant Thomas Lamb (“Officer Lamb”). (ECF No. 85.) The Attorney General and Officer Lamb move to dismiss Plaintiffs’ Fifth Amended Complaint (“FAC”). (ECF No. 83.) Plaintiff James Edward Cupp (“Cupp”) and Lawrence Haven (“Haven”) (collectively, “Plaintiffs”) filed oppositions to

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…