National Association of Wheat Growers et al v. Zeise et al

Filing 93

STIPULATION and ORDER for Dismissal of Defendant Dr. Lauren Zeise Without Prejudice and to Modify the Preliminary Injunction #91 signed by Senior Judge William B. Shubb on 5/4/2018. (Kirksey Smith, K)

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Philip J. Perry (CA Bar No. 148696)
Richard P. Bress (admitted pro hac vice)
Andrew D. Prins (admitted pro hac vice)
LATHAM & WATKINS LLP
555 Eleventh Street NW, Suite 1000
Washington, DC 20004
Tel: [phone]
[e-mail]
Attorneys for Plaintiffs
Monsanto Company and CropLife America

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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 AGRIBUSINESS 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,

Civil Action No. 2:17-cv02401-WBS-EFB
ORDER GRANTING STIPULATION
TO DISMISS DEFENDANT DR.
LAUREN ZEISE WITHOUT
PREJUDICE PURSUANT TO FED.
R. CIV. P. 41(a)(1)(A)(ii)
AND TO MODIFY PRELIMINARY
INJUNCTION

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Plaintiffs,
LAUREN ZEISE, IN HER OFFICIAL
CAPACITY AS DIRECTOR OF THE
OFFICE OF ENVIRONMENTAL HEALTH
HAZARD ASSESSMENT; AND XAVIER
BECERRA, IN HIS OFFICIAL
CAPACITY AS ATTORNEY GENERAL OF
DEFENDANTS OF CALIFORNIA,

The Honorable William B.
Shubb
Courtroom 5

Defendants.

Case Filed: Nov. 15, 2017

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[PROPOSED] ORDER RE: STIPULATION TO DISMISS
DEFENDANT ZEISE WITHOUT PREJUDIC AND MODIFY
PRELIMINARY INJUNCTION

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Upon consideration of the parties’ Stipulation to Dismiss

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Defendant Lauren Zeise Without Prejudice Pursuant to Fed. R.

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Civ. P. 41(a)(1)(A)(ii) and to Modify Preliminary Injunction,

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and for good cause shown, the Court hereby orders as follows:

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1.

Defendant Lauren Zeise is dismissed from this action

without prejudice.
2.

Defendant

Zeise’s

Motion

(Dkt.

83)

seeking

her

dismissal from this action is taken off calendar.
3.

The preliminary injunction, which the Court granted in

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part by Order dated February 26, 2018 (Dkt. 75 at page 19, lines

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25-28, and page 20, lines 1-7), is modified to read as follows:

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Plaintiffs’ request for a preliminary injunction as to
Defendant Xavier Becerra, in his official capacity as
Attorney General of the State of California, enjoining
his
enforcement
of
the
warning
requirement
of
California Health & Safety Code § 25249.6 as to
glyphosate is GRANTED.
Pending final resolution of
this action, the Attorney General, his agents and
employees, all persons or entities in privity with
him, and anyone acting in concert with him are hereby
ENJOINED
from
enforcing
as
against
plaintiffs,
plaintiffs’ members, and all persons represented by
plaintiffs,
California
Health
&
Safety
Code
§
25249.6’s requirement that any person in the course of
doing business provide a clear and reasonable warning
before exposing any individual to glyphosate.
4.

Nothing in this Order shall modify the schedule for

briefing

and

hearing

of

other

pending

motions,

including

Defendant Becerra’s pending Motion to Alter or Amend the Court’s
Order Granting Preliminary Injunction as to Warning Provision of
Proposition 65 (Dkt. 81).
IT IS SO ORDERED.
Dated:

May 4, 2018

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[PROPOSED] ORDER RE: STIPULATION TO DISMISS
DEFENDANT ZEISE WITHOUT PREJUDIC AND MODIFY
PRELIMINARY INJUNCTION

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Dated:

May 3, 2018

/s/ Philip J. Perry
Philip J. Perry
Attorney for Plaintiffs
Monsanto Company and CropLife
America

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[PROPOSED] ORDER RE: STIPULATION TO DISMISS
DEFENDANT ZEISE WITHOUT PREJUDIC AND MODIFY
PRELIMINARY INJUNCTION