Merrifield

MEMORANDUM OPINION AND ORDER

Plaintiffs Alan Merrifield, owner and operator of a pest control business, and the California Nuisance Wildlife Control Operators’ Association (CNWCOA), a trade association, have moved for summary judgment on their claims under 42 U.S.C. § 1983 against Defendants Kelli Okuma, Registrar and Executive Officer of the California Structural Pest Control Board (SPCB), and Jean Melton, Bill Morris, Michael Roth, Mustapha Sesay, Chris Arzate, and Kenneth L. Trongo, members of the SPCB, sued in their official capacities. Plaintiffs contend that no reasonable trier of fact could fail to find that Defendants’ interpretation and enforcement of a state licensing scheme for structural pest controllers violates Plaintiffs’ rights under the Due Process, Equal Protection, and Privileges & Immunities Clauses of the Fourteenth Amendment of the United States Constitution. Defendants have cross-moved for summary judgment on all of Plaintiffs’ claims, arguing that the claims cannot succeed on their merits and that this Court should abstain from deciding a question of state regulatory law. Plaintiffs have also filed objections to some of the materials submitted by…