District Court, D. Colorado November 20, 2001, 01-B-1808 (Bioganic Safety Brands, Inc. v. Ament)

Memorandum Opinion and Order

BABCOCK, Chief Judge.

Plaintiff Bioganic Safety Brands, Inc. (Bioganic) seeks injunctive and declaratory relief based on the following claims: 1) Federal Insecticide, Fungicide, and Roden-ticide Act (FIFRA) preemption; 2) 42 U.S.C. § 1983 Claim — First Amendment Violation; and 3) § 1983 — Dormant Commerce Clause Violation. I conclude that pursuant to Fed.R.Civ.P.