Case 2:25-cv-00575-APG-BNW Document 45 Filed 04/09/25 Page 5 of 17
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defendants previewed that they intend to move to dismiss Kalshi’s complaint on the grounds that the Eleventh Amendment bars claims against the Board and Commission, there are no allegations of personal participation by the individual defendants, the State of Nevada should have been named as a defendant, and service has not been perfected because Kalshi has not served the Nevada Attorney General. “Under the Ex parte Young exception to [the] Eleventh Amendment bar, a party may seek prospective injunctive relief against an individual state officer in her official capacity.” Doe v. Regents of the Univ. of Cal. , 891 F.3d 1147, 1153 (9th Cir. 2018). In its complaint, Kalshi seeks prospective injunctive relief against individual Board and Commission members in their official capacities relating to enforcing Nevada laws and regulations against Kalshi. ECF No. 1 at 16-17. Those allegations fall within the Ex parte Young exception to the Eleventh Amendment, so Kalshi’s claims against the individual defendants in their official capacities may proceed. With respect to the defendants’ assertion that Kalshi has not alleged that the named individuals personally participated, I at least preliminarily conclude that the individual board and commission members were properly named as “persons who would be responsible for implementing any injunctive relief.” R. W. v. Columbia Basin Coll. , 77 F.4th 1214, 1223 (9th Cir. 2023) (quotation omitted). This conclusion is without prejudice to the defendants raising the personal participation argument in a motion to dismiss. I reserve ruling on whether the Eleventh Amendment bars Kalshi from proceeding against the Board and Commission, but the net effect for purposes of Kalshi’s injunction motion is the same, as the Board and Commission can operate only through their employees or members. 1
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1 I leave for another day the question of whether the Board and Commission waived their Eleventh Amendment immunity by requesting that I issue an injunction in their favor.
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