Haltigan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JOHN D. HALTIGAN, Case No. 5:23-cv-02437-EJD

9 Plaintiff, ORDER GRANTING MOTION TO

DISMISS

10 v.

11 MICHAEL V. DRAKE, et al., Re: ECF No. 23 Defendants. 12

13 Plaintiff John D. Haltigan brings this action against Defendants university officers to 14 challenge the diversity, equity, and inclusion (“DEI”) statements required from prospective faculty 15 candidates by the University of California, Santa Cruz. Plaintiff contends that the University’s 16 DEI statement requirement and guidance violate First Amendment principles of academic 17 freedom. Defendants filed a Rule 12(b)(1) motion to dismiss for lack of standing and a Rule 18 12(b)(6) motion for failure to state a claim, which are fully briefed. ECF Nos. 23 (“Mot.”), 29 19 (“Opp.”), 33 (“Reply”). The Court heard oral arguments on November 9, 2023. 20 Based on the parties’ written submission and oral arguments, the Court GRANTS 21 Defendants’ Rule 12(b)(1) motion and…