`Case 2:17-cv-02401-WBS-EFB Document 158 Filed 08/11/20 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF CALIFORNIA
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`NATIONAL ASSOCIATION OF WHEAT
`GROWERS; NATIONAL CORN GROWERS
`ASSOCIATION; UNITED STATES
`DURUM GROWERS ASSOCIATION;
`WESTERN PLANT HEALTH
`ASSOCIATION; MISSOURI FARM
`BUREAU; IOWA SOYBEAN
`ASSOCIATION; SOUTH DAKOTA
`AGRI-BUSINESS ASSOCIATION;
`NORTH DAKOTA GRAIN GROWERS
`ASSOCIATION; MISSOURI CHAMBER
`OF COMMERCE AND INDUSTRY;
`MONSANTO COMPANY; ASSOCIATED
`INDUSTRIES OF MISSOURI;
`AGRIBUSINESS ASSOCIATION OF
`IOWA; CROPLIFE AMERICA; AND
`AGRICULTURAL RETAILERS
`ASSOCIATION,
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`Plaintiffs,
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`XAVIER BECERRA, IN HIS
`OFFICIAL CAPACITY AS ATTORNEY
`GENERAL OF THE STATE OF
`CALIFORNIA,
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`Defendant.
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`Civil Action No. 2:17-cv-02401-
`WBS-EFB
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`ORDER
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`A T T O R N E Y S A T L A W
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`[PROPOSED] ORDER
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`Case 2:17-cv-02401-WBS-EFB Document 158 Filed 08/11/20 Page 2 of 2
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`Upon consideration of the parties’ Joint Response to Order
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`to Show Cause, it is hereby ORDERED that:
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`1.
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`Plaintiffs’ pending claims in their First Amended
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`Complaint, Dkt. 23, consisting of Claim II (Violation of
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`Supremacy Clause of the United States Constitution) and Claim
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`III (Violation of the Due Process Clause of the Fourteenth
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`Amendment to the United States Constitution) are DISMISSED
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`WITHOUT PREJUDICE as moot;
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`2.
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`The court GRANTS LEAVE to Plaintiffs to refile Claim
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`II and Claim III in the event that, following appeal, the Ninth
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`Circuit Court of Appeals remands this matter to this court; and
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`3.
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`The Clerk shall separately enter judgment pursuant to
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`the court’s Memorandum and Order Re: Cross Motions for Summary
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`Judgment, Dkt. 155, issued on June 22, 2020.
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`IT IS SO ORDERED.
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`Dated: August 10, 2020
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`A T T O R N E Y S A T L A W
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`[PROPOSED] ORDER
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