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The California Table Grape Comm’n v. Delano Farms Co.

Petition for certiorari denied on November 26, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1371 Fed. Cir. N/A N/A N/A N/A OT 2012

Issue: Whether the waiver of sovereign immunity in the Administrative Procedure Act, 5 U.S.C. § 702, applies to a claim that does not challenge the legality of “agency action” or “final agency action” within the meaning of the Administrative Procedure Act -- or even any government action or inaction of any kind -- but instead challenges the validity of government-owned property based solely on actions by private parties.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 1 2012Application (11A832) to extend the time to file a petition for a writ of certiorari from March 13, 2012 to April 12, 2012, submitted to The Chief Justice.
Mar 5 2012Application (11A832) granted by The Chief Justice extending the time to file until April 12, 2012.
Mar 29 2012Application (11A832) to extend further the time from April 12, 2012 to May 11, 2012, submitted to The Chief Justice.
Mar 30 2012Application (11A832) granted by The Chief Justice extending the time to file until May 11, 2012.
May 11 2012Petition for a writ of certiorari filed. (Response due June 14, 2012)
Jun 6 2012Order extending time to file response to petition to and including July 16, 2012.
Jun 11 2012Waiver of right of respondents Delano Farms Company, et al. to respond filed.
Jul 5 2012Order extending time to file response to petition to and including August 15, 2012.
Aug 14 2012Brief of the Federal Respondents in opposition filed.
Aug 28 2012Reply of petitioner California Table Grape Commission filed.
Aug 29 2012DISTRIBUTED for Conference of September 24, 2012.
Sep 18 2012Response Requested . (Due October 18, 2012)
Oct 18 2012Brief of respondents Delano Farms Company, et al. in opposition filed.
Oct 26 2012Reply of petitioner California Table Grape Commission filed.
Oct 29 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012Petition DENIED.