Cedar Point Nursery v. Gould IV ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CEDAR POINT NURSERY and FOWLER No. 1:16-cv-00185-NONE-BAM 12 PACKING CO., FINAL STIPULATED JUDGMENT 13 Plaintiffs, AFTER REMAND, DECLARATORY JUDGMENT, AND PERMANENT 14 v. INJUNCTION 15 VICTORIA HASSID, in her official capacity as 16 Chair of the Agricultural Labor Relations (Doc. No. 37) Board; et al., 17 Defendants. 18 19 In accordance with the June 23, 2021 opinion of the United States Supreme Court, Cedar 20 Point Nursery v. Hassid, 594 U.S. __, 141 S. Ct. 2063 (2021); the August 4, 2021 order of the 21 United States Court of Appeals for the Ninth Circuit reversing this court’s judgment of dismissal 22 of plaintiffs’ Fifth Amendment claim and remanding the case for further proceedings, Cedar 23 Point Nursery v. Hassid, No. 16-16321, ECF No. 35 (9th Cir. Aug. 4, 2021); and Rule 24 58(b)(2)(B) of the Federal Rules of Civil Procedure, it is ORDERED, ADJUDGED, AND 25 DECREED as follows: 26 ///// 27 ///// 28 ///// 1 FINAL JUDGMENT AFTER REMAND 2 This court’s July 19, 2016 final judgment, (Doc. No. 23,) is vacated in part, and final 3 | judgment is entered for plaintiffs and against defendants on plaintiffs’ first claim for relief 4 | (Violation of the Fifth and Fourteenth Amendments; 42 U.S.C. § 1983). 5 DECLARATORY JUDGMENT 6 It is hereby declared that the access regulation, California Code of Regulations, Title 8, 7 | § 20900(e), “appropriates a right to invade [plaintiffs’] property and therefore constitutes a per se 8 | physical taking.” Cedar Point Nursery v. Hassid, 141 S. Ct. at 2072. Absent payment of just 9 | compensation, § 20900(e) authorizes an unconstitutional taking in violation of the Fifth and 10 | Fourteenth Amendments as applied to plaintiffs. Id. at 2074. 11 PERMANENT INJUNCTION 12 Defendants are hereby permanently enjoined from enforcing California Code of 13 | Regulations, Title 8, § 20900(e) against plaintiffs, absent payment of just compensation. 14 The time for plaintiffs to file their motion for attorneys’ fees and bill of costs or reach a 15 | settlement with respect to such fees and costs runs from the time that this order is entered. 16 | IT IS SO ORDERED. me □ " Dated: _ September 1, 2021 al, Al □□□ 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28