`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
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`1:17CV1037
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`FARM LABOR ORGANIZING
`COMMITTEE, et al.,
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`Plaintiffs,
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`v.
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`JOSHUA STEIN,
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`Defendant.
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`The Recommendation of the United States Magistrate Judge was filed with the Court
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`ORDER
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`in accordance with 28 U.S.C. § 636(b) and, on August 18, 2021, was served on the parties in
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`this action. (ECF Nos. 155, 156.) Defendant filed objections to the Magistrate Judge’s
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`Recommendation, to which Plaintiffs responded, and Plaintiffs separately filed objections to
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`the Magistrate Judge’s Recommendation. (See ECF Nos. 157, 159, 161.)
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`The Court has appropriately reviewed the Magistrate Judge’s Recommendation and has
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`made a de novo determination in accord with the Magistrate Judge’s Recommendation. The
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`Court therefore adopts the Magistrate Judge’s Recommendation.
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`IT IS THEREFORE DECLARED that the “Settlement Provision” of Section 20.5 of
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`the Farm Act that is codified in North Carolina General Statute Section 95-79(b) and created
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`by the text underlined below (the “Settlement Clause”):
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`Any provision that directly or indirectly conditions the purchase of agricultural
`products, the terms of an agreement for the purchase of agricultural products,
`or the terms of an agreement not to sue or settle litigation upon an agricultural
`producer’s status as a union or nonunion employer or entry into or refusal to
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`Case 1:17-cv-01037-LCB-LPA Document 162 Filed 09/15/21 Page 1 of 3
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`enter into an agreement with a labor union or labor organization is invalid and
`unenforceable as against public policy in restraint of trade or commerce in the
`State of North Carolina
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`VIOLATES the First Amendment and first-amendment-related protections of the Equal
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`Protection Clause of the Fourteenth Amendment of the United States Constitution.
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`IT IS THEREFORE ORDERED that:
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`(1) Defendant, acting in his official capacity as Attorney General, and Defendant’s
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`officers, agents, servants, employees, and attorneys, and those persons acting in active concert
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`or participation with him, or under his supervision, are PERMANENTLY ENJOINED from
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`threatening to enforce, taking any action to enforce, and/or enforcing Section 20.5 of the
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`Farm Act insofar as it declares that any provision that directly or indirectly conditions the
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`terms of an agreement not to sue or to settle litigation upon an agricultural producer’s status
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`as a union or nonunion employer or entry into or refusal to enter into an agreement with a
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`labor union or labor organization is invalid and unenforceable as against public policy in
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`restraint of trade or commerce in the State of North Carolina;
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`(2) Defendant SHALL assume control over and terminate any prosecutions for
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`violation of the Settlement Clause as soon as Defendant learns of the initiation of any such
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`prosecution; and
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`(3) Defendant SHALL promptly provide notice and a copy of this Order to (A) his
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`employees; (B) those under his supervision; (C) any other persons who are in active concert
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`or participation with Defendant, his employees, or those under his supervision; and (D) the
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`Commissioner of Labor and the district attorneys for each prosecutorial district of North
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`Carolina as defined in North Carolina General Statute Section 7A-60(a)-(a1).
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`Case 1:17-cv-01037-LCB-LPA Document 162 Filed 09/15/21 Page 2 of 3
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`IT IS FURTHER ORDERED
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`that
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`the Court’s preliminary
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`injunction
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`is
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`DISSOLVED.
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`This, the 15th day of September 2021.
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`/s/ Loretta C. Biggs
`United States District Judge
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`Case 1:17-cv-01037-LCB-LPA Document 162 Filed 09/15/21 Page 3 of 3
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