Cupp

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES EDWARD CUPP, et al., No. 2:16-cv-00523-TLN-KJN

Plaintiffs,

ORDER v. 14 KAMALA HARRIS, et al., 15 Defendants,

17 This matter is before the Court on remand from the Ninth Circuit regarding Defendants Kamala Harris, Xavier Becerra, and Rob Bonta’s (collectively, the “Attorney General”1) motion to dismiss Plaintiffs’ Fifth Amended Complaint (“FAC”). (ECF Nos. 101, 84.) Plaintiff James Edward Cupp (“Cupp”) and Lawrence Haven (“Haven”) (collectively, “Plaintiffs”) filed an opposition. (ECF No. 86.) The Attorney General filed a reply. (ECF No. 88.) 23 24 The Attorney General is sued in their official capacity as Attorney General of the State of 25 California. Pursuant to Federal Rule of Civil Procedure (“Rule”) 25(d), “[t]he officer’s successor is automatically substituted as a party” when a public officer “ceases to hold office while the 26 action is pending.” Fed. R. Civ. P. 25(d). The Clerk of the Court is directed to update the docket as necessary. …