Case: 20-107 Cedar Point Nursery v. Hassid (2021-March-22)
QUESTION PRESENTED:
Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
QUESTION PRESENTED:
Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
DateProceedings and Orders (key to color coding)
Jul 29 2020 | Petition for a writ of certiorari filed. (Response due September 2, 2020)
Aug 06 2020 | Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
Aug 18 2020 | Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
Aug 19 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
Aug 27 2020 | Brief amicus curiae of California Farm Bureau Federation filed.
Aug 31 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Sep 02 2020 | Brief amici curiae of State of Oklahoma, et al. filed.
Sep 02 2020 | Brief amici curiae of The Cato Institute filed.
Sep 02 2020 | Brief amicus curiae of American Farm Bureau Federation filed.
Sep 02 2020 | Brief amicus curiae of Institute for Justice filed.
Sep 02 2020 | Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 02 2020 | Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 02 2020 | Brief of respondents Victoria Hassid, et al. in opposition filed.
Oct 15 2020 | Reply of petitioners Cedar Point Nursery, et al. filed.
Oct 21 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 13 2020 | Petition GRANTED.
Nov 24 2020 | Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
Dec 02 2020 | Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
Dec 07 2020 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 28 2020 | Motion for an extension of time filed.
Dec 28 2020 | Motion to extend the time to file the joint appendix and petitioners' brief on the merits granted and the time is extended to and including December 31, 2020.
Dec 30 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Dec 31 2020 | Brief of petitioners Cedar Point Nursery, et al. filed.
Dec 31 2020 | Brief amici curiae of The Cato Institute, et al. filed.
Jan 05 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Jan 06 2021 | Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
Jan 06 2021 | Brief amicus curiae of New England Legal Foundation filed.
Jan 06 2021 | Brief amicus curiae of California Farm Bureau Federation filed.
Jan 06 2021 | Brief amici curiae of Western Growers Association; California Fresh Fruit Association; Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties; and Ventura County Agricultural Association filed.
Jan 06 2021 | Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
Jan 06 2021 | Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 07 2021 | Brief amicus curiae of Institute for Justice filed.
Jan 07 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 07 2021 | Brief amicus curiae of United States filed.
Jan 07 2021 | Brief amicus curiae of The Buckeye Institute filed.
Jan 07 2021 | Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
Jan 07 2021 | Brief amici curiae of State of Oklahoma, et al. filed.
Jan 07 2021 | Brief amicus curiae of American Farm Bureau Federation filed.
Jan 07 2021 | Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 07 2021 | Brief amicus curiae of Liberty Justice Center filed.
Jan 21 2021 | Motion for an extension of time filed by responents.
Jan 22 2021 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
Feb 01 2021 | SET FOR ARGUMENT on Monday, March 22, 2021.
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 05 2021 | Brief of respondents Victoria Hassid, et al. filed.
Feb 10 2021 | Brief amici curiae of National Employment Law Project, et al. filed.
Feb 11 2021 | Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
Feb 11 2021 | Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
Feb 11 2021 | Brief amici curiae of Property Law Professors filed.
Feb 11 2021 | Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
Feb 12 2021 | Letter from the Acting Solicitor General notifying the Court of the United States' change in position from that presented in its amicus curiae brief filed on January 7, 2021 filed. (Distributed)
Feb 12 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 12 2021 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Feb 12 2021 | Brief amici curiae of Legal Historians filed.
Feb 12 2021 | Brief amicus curiae of Service Employees International Union filed.
Feb 12 2021 | Brief amicus curiae of United Farm Workers of America filed.
Feb 12 2021 | Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
Feb 12 2021 | Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
Feb 12 2021 | Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
Feb 12 2021 | Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
Feb 12 2021 | Brief amici curiae of Commonwealth of Virginia, et al. filed.
Feb 12 2021 | Brief amici curiae of Local Governments filed.
Feb 22 2021 | CIRCULATED.
Mar 05 2021 | Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
Mar 22 2021 | Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
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Whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
DateProceedings and Orders (key to color coding)
Jul 29 2020 | Petition for a writ of certiorari filed. (Response due September 2, 2020)
Aug 06 2020 | Blanket Consent filed by Petitioners, Cedar Point Nursery, et al.
Aug 18 2020 | Motion to extend the time to file a response from September 2, 2020 to October 2, 2020, submitted to The Clerk.
Aug 19 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2020.
Aug 27 2020 | Brief amicus curiae of California Farm Bureau Federation filed.
Aug 31 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Sep 02 2020 | Brief amici curiae of State of Oklahoma, et al. filed.
Sep 02 2020 | Brief amici curiae of The Cato Institute filed.
Sep 02 2020 | Brief amicus curiae of American Farm Bureau Federation filed.
Sep 02 2020 | Brief amicus curiae of Institute for Justice filed.
Sep 02 2020 | Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 02 2020 | Brief amicus curiae of Southeastern Legal Foundation filed.
Oct 02 2020 | Brief of respondents Victoria Hassid, et al. in opposition filed.
Oct 15 2020 | Reply of petitioners Cedar Point Nursery, et al. filed.
Oct 21 2020 | DISTRIBUTED for Conference of 11/6/2020.
Nov 09 2020 | DISTRIBUTED for Conference of 11/13/2020.
Nov 13 2020 | Petition GRANTED.
Nov 24 2020 | Motion to dispense with printing the joint appendix filed by petitioners Cedar Point Nursery, et al.
Dec 02 2020 | Blanket Consent filed by Petitioner, Cedar Point Nursery, et al.
Dec 07 2020 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Dec 28 2020 | Motion for an extension of time filed.
Dec 28 2020 | Motion to extend the time to file the joint appendix and petitioners' brief on the merits granted and the time is extended to and including December 31, 2020.
Dec 30 2020 | Brief amicus curiae of Pelican Institute for Public Policy filed.
Dec 31 2020 | Brief of petitioners Cedar Point Nursery, et al. filed.
Dec 31 2020 | Brief amici curiae of The Cato Institute, et al. filed.
Jan 05 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed.
Jan 06 2021 | Amicus brief of New England Legal Foundation not accepted for filing. (January 06, 2021)
Jan 06 2021 | Brief amicus curiae of New England Legal Foundation filed.
Jan 06 2021 | Brief amicus curiae of California Farm Bureau Federation filed.
Jan 06 2021 | Brief amici curiae of Western Growers Association; California Fresh Fruit Association; Grower-Shipper Association of Santa Barbara and San Luis Obispo Counties; and Ventura County Agricultural Association filed.
Jan 06 2021 | Amicus brief of Mountain States Legal Foundation not accepted for filing. (February 04, 2021 - Corrected brief filed.)
Jan 06 2021 | Brief amicus curiae of Mountain States Legal Foundation filed.
Jan 07 2021 | Brief amicus curiae of Institute for Justice filed.
Jan 07 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jan 07 2021 | Brief amicus curiae of United States filed.
Jan 07 2021 | Brief amicus curiae of The Buckeye Institute filed.
Jan 07 2021 | Brief amici curiae of National Association of Counties, et al. in support of neither party filed.
Jan 07 2021 | Brief amici curiae of State of Oklahoma, et al. filed.
Jan 07 2021 | Brief amicus curiae of American Farm Bureau Federation filed.
Jan 07 2021 | Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jan 07 2021 | Brief amicus curiae of Liberty Justice Center filed.
Jan 21 2021 | Motion for an extension of time filed by responents.
Jan 22 2021 | Motion to extend the time to file respondents' brief on the merits is granted and the time is extended to and including February 5, 2021.
Feb 01 2021 | SET FOR ARGUMENT on Monday, March 22, 2021.
Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 05 2021 | Brief of respondents Victoria Hassid, et al. filed.
Feb 10 2021 | Brief amici curiae of National Employment Law Project, et al. filed.
Feb 11 2021 | Brief amici curiae of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 filed.
Feb 11 2021 | Amicus brief of Property Law Professors not accepted for filing. (February 19, 2021)
Feb 11 2021 | Brief amici curiae of Property Law Professors filed.
Feb 11 2021 | Amicus brief of United Food and Commercial Workers Western States Council and Teamsters Joint Council 7 not accepted for filing. (March 10, 2021)
Feb 12 2021 | Letter from the Acting Solicitor General notifying the Court of the United States' change in position from that presented in its amicus curiae brief filed on January 7, 2021 filed. (Distributed)
Feb 12 2021 | Brief amicus curiae of Constitutional Accountability Center filed.
Feb 12 2021 | Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed.
Feb 12 2021 | Brief amici curiae of Legal Historians filed.
Feb 12 2021 | Brief amicus curiae of Service Employees International Union filed.
Feb 12 2021 | Brief amicus curiae of United Farm Workers of America filed.
Feb 12 2021 | Brief amici curiae of California Rural Legal Assistance, Inc., et al. filed.
Feb 12 2021 | Brief amicus curiae of Senators Sheldon Whitehouse, Jeff Merkley, Richard Blumenthal, Cory Booker, and Alex Padilla filed. (Corrected brief to be filed)
Feb 12 2021 | Brief amici curiae of Senators Sheldon Whitehouse, et al. filed (Feb. 22, 2021).
Feb 12 2021 | Brief amici curiae of International Lawyers Assisting Workers Network (ILAW), et al. filed.
Feb 12 2021 | Brief amici curiae of Commonwealth of Virginia, et al. filed.
Feb 12 2021 | Brief amici curiae of Local Governments filed.
Feb 22 2021 | CIRCULATED.
Mar 05 2021 | Reply of petitioners Cedar Point Nursery, et al. filed. (Distributed)
Mar 22 2021 | Argued. For petitioners: Joshua P. Thompson, Sacramento, Cal. For respondents: Michael J. Mongan, Solicitor General, San Francisco, Cal.
