Cedar Point Nursery, et al. v. Gould IV, et al.

Filing 39

FINAL Stipulated Judgment After Remand, Declaratory Judgment, and Permanent Injunction, signed by District Judge Dale A. Drozd on 9/1/2021. (Marrujo, C)

Case 1:16-cv-00185-NONE-BAM Document 39 Filed 09/01/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CEDAR POINT NURSERY and FOWLER
PACKING CO.,

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No. 1:16-cv-00185-NONE-BAM
FINAL STIPULATED JUDGMENT
AFTER REMAND, DECLARATORY
JUDGMENT, AND PERMANENT
INJUNCTION

Plaintiffs,

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v.

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VICTORIA HASSID, in her official capacity as
Chair of the Agricultural Labor Relations
Board; et al.,

(Doc. No. 37)

Defendants.

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In accordance with the June 23, 2021 opinion of the United States Supreme Court, Cedar

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Point Nursery v. Hassid, 594 U.S. __, 141 S. Ct. 2063 (2021); the August 4, 2021 order of the

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United States Court of Appeals for the Ninth Circuit reversing this court’s judgment of dismissal

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of plaintiffs’ Fifth Amendment claim and remanding the case for further proceedings, Cedar

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Point Nursery v. Hassid, No. 16-16321, ECF No. 35 (9th Cir. Aug. 4, 2021); and Rule

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58(b)(2)(B) of the Federal Rules of Civil Procedure, it is ORDERED, ADJUDGED, AND

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DECREED as follows:

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Case 1:16-cv-00185-NONE-BAM Document 39 Filed 09/01/21 Page 2 of 2
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FINAL JUDGMENT AFTER REMAND

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This court’s July 19, 2016 final judgment, (Doc. No. 23,) is vacated in part, and final

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judgment is entered for plaintiffs and against defendants on plaintiffs’ first claim for relief

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(Violation of the Fifth and Fourteenth Amendments; 42 U.S.C. § 1983).

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DECLARATORY JUDGMENT

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It is hereby declared that the access regulation, California Code of Regulations, Title 8,

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§ 20900(e), “appropriates a right to invade [plaintiffs’] property and therefore constitutes a per se

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physical taking.” Cedar Point Nursery v. Hassid, 141 S. Ct. at 2072. Absent payment of just

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compensation, § 20900(e) authorizes an unconstitutional taking in violation of the Fifth and

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Fourteenth Amendments as applied to plaintiffs. Id. at 2074.

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PERMANENT INJUNCTION
Defendants are hereby permanently enjoined from enforcing California Code of
Regulations, Title 8, § 20900(e) against plaintiffs, absent payment of just compensation.
The time for plaintiffs to file their motion for attorneys’ fees and bill of costs or reach a

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settlement with respect to such fees and costs runs from the time that this order is entered.

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IT IS SO ORDERED.

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Dated:

September 1, 2021
UNITED STATES DISTRICT JUDGE

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