Lawson v. City of Santa Barbara

In my view we should deny the motion to substitute parties, dismiss the appeal because the case is moot, and vacate the judgment of the district court. Vacating the judgment is proper under United States v. Munsingwear1 Justice does not require otherwise, because the district court did not follow the mandate of the Court of Appeals.

Mootness is established here by the motion to substitute parties itself. Federal Rule of Appellate Procedure 43(a) provides for the substitution of parties upon the death of a party. Rule 43(b) provides for substitution “for any reason other than death.”2 In Sable…