No. 21-1164

Larry Steven Wilkins, et al. v. United States

Lower Court: Ninth Circuit
Docketed: 2022-02-23
Status: Judgment Issued
Type: Paid
Amici (3)Relisted (2) Experienced Counsel
Tags: circuit-split civil-procedure claim-processing-rule easement-dispute federal-land jurisdiction jurisdictional-requirement property-rights quiet-title statute-of-limitations
Key Terms:
EmploymentDiscrimina
Latest Conference: 2022-06-02 (distributed 2 times)
Question Presented (AI Summary)

Whether the Quiet Title Act's Statute of Limitations is a jurisdictional requirement or a claim-processing rule?

Question Presented (OCR Extract)

QUESTION PRESENTED Two Montana landowners filed a quiet title action seeking to resolve a dispute over the scope of an easement held by the United States that runs across their land and the federal government’s duties under the easement. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional, found that the landowners did not prove that their claims arose within twelve years of the lawsuit being filed, and dismissed the case. The District Court’s treatment of the statute of limitations as than a claim-processing rule— subjected the landowners to different standards for resolving the motion to dismiss, allowing the court to dismiss the case without holding a hearing to determine and resolve disputed facts. In conflict with the Seventh Circuit, the Ninth Circuit affirmed, holding the Quiet Title Act’s statute of limitations is jurisdictional. The question presented is: Whether the Quiet Title Act’s Statute of Limitations is a jurisdictional requirement or a claimprocessing rule?

Docket Entries

2023-05-01
Judgment issued.
2023-03-28
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1164_7l48.pdf'>opinion</a> of the Court, in which Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined.
2022-11-30
Argued. For petitioners: Jeffrey W. McCoy, Sacramento, Cal. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2022-11-01
Record received from the U.S.C.A. 9th Circuit. One sealed document transmitted electronically. The remaining record is available on PACER.
2022-10-28
Record requested from the U.S.C.A. 9th Circuit.
2022-10-25
CIRCULATED.
2022-10-20
Reply of petitioners Larry Steven Wilkins, et al. filed.
2022-10-18
SET FOR ARGUMENT on Wednesday, November 30, 2022.
2022-10-03
Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. GRANTED.
2022-09-20
Brief of respondent United States filed.
2022-08-11
Brief amici curiae of Local Government Organizations filed.
2022-08-11
Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al.
2022-08-04
Joint appendix filed. (Statement of costs filed)
2022-08-04
Brief of petitioners Larry Steven Wilkins, et al. filed.
2022-07-06
Blanket Consent filed by Petitioner, Larry Steven Wilkins, et al.
2022-06-30
Motion to extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits and the joint appendix is extended to and including August 4, 2022. The time to file respondent's brief on the merits is extended to and including September 20, 2022.
2022-06-23
Motion for an extension of time to file the briefs on the merits filed.
2022-06-06
Petition GRANTED.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
DISTRIBUTED for Conference of 5/26/2022.
2022-05-05
Reply of petitioners Larry Steven Wilkins, et al. filed.
2022-04-25
Brief of respondent United States in opposition filed.
2022-03-21
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2022.
2022-03-17
Motion to extend the time to file a response from March 25, 2022 to April 25, 2022, submitted to The Clerk.
2022-02-18
Petition for a writ of certiorari filed. (Response due March 25, 2022)

Attorneys

Larry Steven Wilkins, et al.
Jeffrey Wilson McCoyPacific Legal Foundation, Petitioner
Local Government Organizations
Blaine Ian GreenPillsbury Winthrop Shaw Pittman LLP, Amicus
National Federation of Independent Business Small Business Legal Center, Cato Institute, Goldwater Institute, and Texas Public Policy Foundation
Elizabeth Gaudio MilitoNFIB Small Business Legal Center, Amicus
United States
Elizabeth B. PrelogarSolicitor General, Respondent