Doescher v. Aragon

Doescher · United States District Court for the Eastern District of California · April 7, 2025 · No. 2:23-cv-02995-KJM-JDP

Summary

The United States District Court for the Eastern District of California grants the parties' joint motion for administrative relief. The order substitutes Dr. Erica Pan for Tomás Aragón under Federal Rule of Civil Procedure 25(d), establishes supplemental briefing deadlines concerning Royce v. Pan, and continues the hearing on the motion to dismiss to June 5, 2025.

Holdings

  1. Under Federal Rule of Civil Procedure 25(d), Dr. Erica Pan was properly substituted in her official capacities as Director of the California Department of Public Health and State Public Health Officer in place of Tomás Aragón.
  2. The parties were permitted to file simultaneous supplemental briefs and replies addressing the effect, if any, of Royce v. Pan on the pending motion to dismiss, and the hearing was continued.

Questions Presented

  1. Whether Dr. Erica Pan should be substituted for Tomás Aragón as the official-capacity defendant under Federal Rule of Civil Procedure 25(d).
  2. Whether the parties should receive supplemental briefing concerning the impact of Royce v. Pan on the pending motion to dismiss.
  3. Whether the hearing on defendant's motion to dismiss should be continued.

Disposition

other

Cases Cited (1)

  • Royce v. Pan, No. 3:23-CV-02012-H-BLM, 2025 WL 834769 (S.D. Cal. Mar. 17, 2025)(applied)

Cited In (0)

No citing cases on record yet.

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