Anders

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 CASE: 1:21-cv-00179-AWI-BAM TAYLOR ANDERS, HENNESSEY EVANS,

ABBIGAYLE ROBERTS, MEGAN

ORDER GRANTING MOTION TO

WALAITIS, TARA WEIR, and COURTNEY DISMISS COUNT II OF THE WALBURGER, individually and on behalf of

SECOND AMENDED COMPLAINT

all those similarly situated,

Plaintiffs, vs. (Doc. No. 60)

CALIFORNIA STATE UNIVERSITY,

FRESNO and BOARD OF TRUSTEES OF

CALIFORNIA STATE UNIVERSITY,

14 Defendants.

16 17 18 Defendant Board of Trustees of California State University (the “Board”)1 moves to dismiss Count II of Plaintiffs’ Second Amended Complaint (“SAC”), Doc. No. 59, for lack of standing and failure to state a claim, pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure.2 Doc. No. 60. The motion has been fully briefed and deemed suitable for decision without oral argument pursuant to Local Rule 230(g). For the reasons that follow, the motion will be granted. 25 The Board states that it is the proper defendant in this case as the “State of California acting in its higher education…