Case: Pigford v. Glickman

1:97-cv-01978 | U.S. District Court for the District of Columbia

Filed Date: Aug. 28, 1997

Clearinghouse coding complete

Case Summary

On August 28, 1997, three African-American farmers, on behalf of a putative class of 641 African-American farmers, filed a lawsuit against the United States Department of Agriculture ("USDA") under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. § 1691, and the Administrative Procedure Act ("APA"), 5 U.S.C. § 551. The plaintiffs, represented by private counsel, asked the court for declaratory and monetary relief, alleging that both the USDA and county officials to whom the USDA delegated a…

On August 28, 1997, three African-American farmers, on behalf of a putative class of 641 African-American farmers, filed a lawsuit against the United States Department of Agriculture ("USDA") under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. § 1691, and the Administrative Procedure Act ("APA"), 5 U.S.C. § 551. The plaintiffs, represented by private counsel, asked the court for declaratory and monetary relief, alleging that both the USDA and county officials to whom the USDA delegated authority discriminated against them in the provision of farm loans and other credit programs.

The plaintiffs challenged a history of discrimination in the USDA's farm lending programs and benefits programs, a history that led to a dramatic decline in the number of African-American farmers in America. The USDA administers billions of dollars in farm loans and guarantees each year. It has delegated authority to approve or deny loan and benefit applications to county committees elected by local farmers and ranchers. Under one percent of the commissioners nationwide were African American. The plaintiffs alleged that the county commissions either denied them loans because of their race or made it much more difficult for them to obtain credit than similarly situated white farmers. This problem was compounded by the fact that the USDA disbanded its Office of Civil Rights in 1983, and therefore stopped responding to African-American farmers' claims of discrimination. A USDA-sponsored investigation conducted in 1997 revealed that the USDA had a large backlog of uninvestigated complaints. Because of the USDA's policies and practices, many African Americans lost their farms to foreclosure and had to leave farming. Others were able to continue farming, but suffered the consequences of institutional discrimination. The plaintiffs brought their fair lending claims under the ECOA and alleged that the discriminatory provision of non-lending benefits, such as disaster relief benefits, violated the APA.

Ultimately, the District Court (Judge Paul L. Friedman) approved a consent decree on April 14, 1999. Pigford v. Glickman, 182 F.R.D. 82 (D.D.C. 1998). The Consent Decree covered a class of all African-American farmers who farmed or attempted to farm between January 1, 1981 and December 31, 1996, applied for a farm loan or USDA benefit program, believe they were discriminated against on the basis of their race, and filed a complaint on or before July 1, 1997. Class members could either opt out of the Consent Decree or resolve individual claims pursue one of two settlement tracks. The settlement tracks allowed for out-of-court adjudication of individuals' claims. Class members could have elected to submit "substantial evidence" that they were victims of discrimination and receive a capped settlement amount under Track A of the Consent Decree. Class members with better-documented claims of discrimination could have elected to pursue Track B, which entitled them to a one-day trial in front of an arbitrator. Track B was only available to farmers with ECOA claims; it was not available to farmers who only brought claims under the APA relating to discrimination in the distribution of non-credit benefits. A court-appointed monitor (Randi Roth) oversaw the implementation of the Consent Decree.

Track A of the Consent Decree was designed for the large majority of the class. As the District Court recognized, many of the class members lacked the type of documentation of the USDA's discrimination necessary to meet a preponderance of the evidence standard. This was in part due to the USDA's failure in processing discrimination complaints from farmers. Track A participants could prove that they submitted a complaint to the USDA by providing documents demonstrating that they complained directly to the USDA, to a member of Congress, to the White House, or to a government official who forwarded to complaint to the USDA. Class members who did not have such documentation could submit an affidavit from a non-family member which, based on personal knowledge, described the way in which the class member lodged a complaint.

To receive relief under Track A, class members claiming ECOA violations needed to prove that they owned or leased land or attempted to own or lease land, that they applied for USDA credit at a county office between January 1, 1981 and December 31, 1996, that the USDA discriminated against them by denying the loan or providing it on less favorable terms than similarly situated white farmers, and that they were harmed by the discriminatory treatment. Class members claiming discriminatory denial of benefits in violation of the APA needed to prove that they applied for a benefit program between January 1, 1981 and December 31, 1996 and that the request was denied or provided on less favorable terms than similarly situated white farmers received.

Track A claims were to be resolved within 110 days of the filing date. The claimant submitted the application to a facilitator, to whom the USDA could also submit information on damages and liability. The facilitator then submitted a recommendation to an arbitrator who was to issue a decision. The arbitrator's decision was final, unless a Court-appointed monitor determined a clear and manifest error occurred. Claimants that submitted successful claims received a $50,000 cash payment, forgiveness of all debt owed to the USDA stemming from a program upon which their claim was based, a tax payment equivalent to a quarter of the total debt forgives and cash payment, immediate termination of any USDA-initiated foreclosure proceedings, and one-time consideration for a priority loan.

Under Track B, claimants with more documentation could choose to litigate their claims in mini-trials. Claimants who unsuccessfully pursued a remedy under Track B were ineligible to receive Track A benefits. Class members seeking damages under Track B could have chosen to be represented by class counsel or counsel of their choice. Claimants opting in to Track B were able to conduct limited discovery, including depositions, for 180 days before a one-day mini-trial. Following the trial, in which class members had to demonstrate that they were the victim of lending discrimination and suffered damages from the discrimination by a preponderance of the evidence, an arbitrator issued a decision within sixty days. Successful claimants under Track B were entitled to actual damages as well as priority consideration for loans. As with Track A, the decision of the arbitrator was final unless the Court appointed monitor found that "a clear and manifest error" had occurred and that the error was "likely to result in a fundamental miscarriage of justice."

The United States Court of Appeals for the District of Columbia (Judges Judith W. Rogers, David B. Sentelle, and David S. Tatel) affirmed the District Court's approval of the Consent Decree. Pigford v. Glickman, 206 F.3d 1212 (D.C. Cir. 2000).

A number of factors led to the parties entering the Consent Decree. Shortly after the complaint was filed in 1997, a number of farmers sought to intervene in the case. Class counsel added those farmers as named plaintiffs, and allowed their attorneys to join as class counsel on the condition that they would only seek attorneys' fees through statutory fee-shifting provisions and would not bill the individual farmers or take a contingency fee. On October 9, 1998, the District Court (Judge Paul L. Friedman) certified a class of plaintiffs. Pigford v. Glickman, 182 F.R.D. 341 (D.D.C. 1998). On October 21, 1998, President Clinton signed into law a bill waiving ECOA's statute of limitations for farmers that filed a discrimination complaint with the USDA between January 1, 1981 and July 1, 1997. Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999P.L. 105-277, 112 Stat. 2681, §741. This bill mooted the USDA's statute of limitations defense. The plaintiffs filed a Seventh Amended Complaint on October 26, 1998.

In January 1999, the parties filed a joint motion to consolidate the Pigford case with Brewington v. Glickman, Case No. 98-1693. The allegations in the Brewington complaint tracked those in the original Pigford complaint, but were made on behalf of farmers who filed discrimination complaints with the USDA after February 21, 1997 and before July 7, 1998. The parties also jointly moved to expand the class definition to reflect the addition of the Brewington class members, and filed a motion for preliminary approval of a proposed Consent Decree along with a notice to class members. The court approved each request, and scheduled a fairness hearing for March 2, 1999. After hearing objections, the Court approved the final Consent Decree on April 14, 1999.

Following the entry of the consent decree, various class members continued to litigate issues specific to the Consent Decree and attorneys fees. Parties were still filing papers with the court through 2014. As of April 1, 2012, 15,645 out of 22,552 Track A claimants prevailed in their claims. Approximately 169 claimants elected to pursue Track B, of which 104 prevailed or reached a class settlement. The federal government paid a total of $1.05 billion to prevailing Track A and Track B claimants. A large number of farmers filed claims after the Consent Decree's deadline. The Consent Decree required claimants to submit claims by October 12, 1999. The court (Judge Paul L. Friedman) provided the arbitrator with the discretion to extend the filing deadline until September 15, 2000 for farmers who missed the deadline because of extraordinary circumstances. Farmers who could not participate in the Consent Decree are the subject of subsequent litigation, In re Black Farmer's Litigation, found in this database at FH-DC-0007.

The case now appears to be closed, though the court retained jurisdiction over the consent decree's implementation.

Summary Authors

Benjamin Clark (2/23/2013)

Virginia Weeks (11/13/2017)

Related Cases

In re Black Farmers' Discrimination Litigation ("Pigford II"), District of Columbia (2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4215043/parties/pigford-v-veneman/


Judge(s)

Friedman, Paul L. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bowens, Stephon J (North Carolina)

Branch, David A (District of Columbia)

Chestnut, J. L. Jr. (Alabama)

Clifford, John M (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Henderson, Karen LeCraft (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bowens, Stephon J (North Carolina)

Branch, David A (District of Columbia)

Chestnut, J. L. Jr. (Alabama)

Clifford, John M (District of Columbia)

Cross, Othello C. (Arkansas)

Doan, Joshua A (District of Columbia)

Dowdy, William Harold (North Carolina)

Fierst, David U (District of Columbia)

Fraas, Philip L (District of Columbia)

Frantz, David Joseph (District of Columbia)

Frazer, T. Roe (Mississippi)

Herman, Anthony (District of Columbia)

Jimison, Marcus B (North Carolina)

Kagan, Barbara Kim (District of Columbia)

Kearney, Jesse L (Arkansas)

Lyons, Mona (District of Columbia)

Myart, James W Jr. (District of Columbia)

Ogletree, Charles J. (District of Columbia)

Pires, Alexander John Jr. (District of Columbia)

Sanders, Rose Mary (Alabama)

Saunders, Hubbard I. IV (Mississippi)

Seymour, Richard Talbot (District of Columbia)

Stein, Jacob A (District of Columbia)

Toure, Faya Rose (Alabama)

Varma, Anurag (District of Columbia)

Ware, Charles Jerome (Maryland)

Wolverton, Caroline Lewis (District of Columbia)

Attorneys(s) for Defendant

Bartz, Philip D. (District of Columbia)

Bensing, Daniel (District of Columbia)

Bernie, Andrew Marshall (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Edney, Marsha S. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Forrest, Herbert E (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Goitein, Elizabeth (District of Columbia)

Henry, Terry Marcus (District of Columbia)

Jordan, Robert Elijah III (District of Columbia)

Josephson, Matthew (District of Columbia)

Lennon, Susan Hall (District of Columbia)

Lin, Elbert (District of Columbia)

Linder, Dennis G. (District of Columbia)

McElvain, Joel (District of Columbia)

Moore, Tamra (District of Columbia)

Newmark, Andrea (District of Columbia)

Ogden, David W. (District of Columbia)

Quester, Amanda (District of Columbia)

Sitcov, Michael (District of Columbia)

Souders, David (District of Columbia)

Straus, Julie (District of Columbia)

Wells, Carlotta (District of Columbia)

Other Attorney(s)

Banks, Wyndell Oliver (District of Columbia)

Brittenum, Dedrick Jr. (District of Columbia)

Davis, John W. (District of Columbia)

Fagan, David N (District of Columbia)

Henn, Emily Johnson (California)

Ladd, Ford C (Virginia)

Lear, Gerard Robert (Virginia)

Martin, Dawn V (District of Columbia)

Shoreman, John M (District of Columbia)

Sweet, Dennis C III (Mississippi)

Documents in the Clearinghouse

Document

1:97-cv-01978

1:12-cv-00471

1:05-cv-01821

04-05171

04-05173

12-05302

13-05303

Docket [PACER]

Sept. 14, 2017

Sept. 14, 2017

Docket
86

1:97-cv-01978

Opinion Granting Class Certification

182 F.R.D. 341

Oct. 9, 1998

Oct. 9, 1998

Order/Opinion
92

1:97-cv-01978

Seventh Amended Complaint

Oct. 26, 1998

Oct. 26, 1998

Complaint
147

1:97-cv-01978

98-01693

Consent Decree

Pigford v. Glickman; Brewington v. Glickman

March 19, 1999

March 19, 1999

Order/Opinion

99-05222

99-05223

Circuit Court Opinion Affirming Order Approving Consent Decree

Pigford v. Glickman; Brewington v. Glickman

U. S. Court of Appeals for the District of Columbia Circuit

206 F.3d 1212

April 14, 1999

April 14, 1999

Order/Opinion
363

1:97-cv-01978

Order

2000 WL 34292618

Nov. 8, 2000

Nov. 8, 2000

Order/Opinion
382

1:97-cv-01978

Memorandum Opinion and Order

127 F.Supp.2d 35

Jan. 4, 2001

Jan. 4, 2001

Order/Opinion
589

1:97-cv-01978

Memorandum Opinion and Order

Pigford v. Veneman

182 F.Supp.2d 53

Jan. 17, 2001

Jan. 17, 2001

Order/Opinion
429

1:97-cv-01978

Order

Pigford v. Veneman

141 F.Supp.2d 60

April 6, 2001

April 6, 2001

Order/Opinion
438

1:97-cv-01978

Memorandum Opinion and Order

Pigford v. Veneman

143 F.Supp.2d 28

May 15, 2001

May 15, 2001

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4215043/pigford-v-veneman/

Last updated Aug. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff TIMOTHY C. PIGFORD, plaintiff LLOYD SHAFER, plaintiff GEORGE HALL; jury demand (dbw) (bj, ). (Entered: 08/29/1997)

Aug. 28, 1997

Aug. 28, 1997

SUMMONS (3) issued to federal party(s) federal defendant DAN GLICKMAN, and non-parties: U.S. Attorney and U.S. Attorney General. (dbw)

Aug. 28, 1997

Aug. 28, 1997

PACER

SUMMONS NOT ISSUED. (blj)

Oct. 23, 1997

Oct. 23, 1997

PACER

SUMMONS (3) issued to federal party(s) federal defendant DAN GLICKMAN, and non−parties: U.S. Attorney and U.S. Attorney General. (dbw) (Entered: 08/29/1997)

Aug. 28, 1997

Aug. 28, 1997

MEET AND CONFER STATUS CONFERENCE before Judge Paul L. Friedman: Status conference set for 10:00 10/30/97 Reporter: Vernell Marshall (bm)

Oct. 24, 1997

Oct. 24, 1997

PACER
2

NOTICE by federal defendant DAN GLICKMAN of related cases; exhibit (1) (blj) (bj, ). (Entered: 09/09/1997)

Sept. 5, 1997

Sept. 5, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: Rule 26(a)(1) disclosures due in 15 days; dispositive motions due 11/18/97; status conference set for 10:00 11/17/97 ; plaintiff can file a motion for class certification after it reviews the files. Reporter: Santa Zizzo (bm)

Oct. 30, 1997

Oct. 30, 1997

PACER
3

MOTION filed by plaintiffs TIMOTHY C. PIGFORD, LLOYD SHAFER, GEORGE HALL requesting assignment to Magistrate Judge kay for non−binding mediation (blj) (Entered: 09/10/1997)

Sept. 9, 1997

Sept. 9, 1997

4

RESPONSE by federal defendant DAN GLICKMAN to motion requesting assignment to Magistrate Judge kay for non−binding mediation [3−1] by GEORGE HALL, LLOYD SHAFER, TIMOTHY C. PIGFORD (blj) (Entered: 09/15/1997)

Sept. 12, 1997

Sept. 12, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: movant interveners shall supplement their motions due 11/21/97; parties will respond to motion to intervene due 12/3/97; reply to motion due 12/9/97; status conference set for 10:00 12/19/97 Reporter: Santa Zizzo (bm)

Nov. 17, 1997

Nov. 17, 1997

PACER
5

ATTORNEY APPEARANCE for federal defendant DAN GLICKMAN by Susan Hall Lennon (blj) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: held Reporter: Laura Beasley (bm)

Dec. 11, 1997

Dec. 11, 1997

PACER
7

REPLY by plaintiffs TIMOTHY C. PIGFORD, LLOYD SHAFER, GEORGE HALL to response to motion requesting assignment to Magistrate Judge kay for non−binding mediation [3−1] by GEORGE HALL, LLOYD SHAFER, TIMOTHY C. PIGFORD; attachment (blj) (Entered: 09/24/1997)

Sept. 23, 1997

Sept. 23, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: case will be sent to mediation for a period of 60 days; status conference set for 2:00 1/26/98 ; plaintiff shall file a proposed scheduling order; motions to intervene shall be held in abeyance. Reporter: Santa Zizzo (bm)

Dec. 19, 1997

Dec. 19, 1997

PACER

Tele-conference held before Judge Paul L. Friedman reporter: Santa Zizzo (bm)

Dec. 22, 1997

Dec. 22, 1997

PACER
8

REPLY by federal defendant DAN GLICKMAN in support of defendant's notice of related cases [2−1] by DAN GLICKMAN, and response to plaintiff's letter dated 10/7/97 . (bm) (Entered: 10/10/1997)

Oct. 8, 1997

Oct. 8, 1997

9

NOTICE OF FILING by federal defendant DAN GLICKMAN of proposed scheduling order (blj) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: status conference set for 10:00 3/5/98 ; parties will notify the Court if they wish to set a tele-conference date. Reporter: Edward Hawkins (bm)

Jan. 26, 1998

Jan. 26, 1998

PACER
10

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) filed by plaintiffs TIMOTHY C. PIGFORD, LLOYD SHAFER, GEORGE HALL, federal defendant DAN GLICKMAN. (blj) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: Stay lifted; plaintiff to file their motion on the statute of limitations; motion for class certification and motion for injunctive relief; trial set for 2/1/99 at 9:30 a.m.; the parties will file a report in ten days stating how they wish to proceed with mediation; an order will be filed setting forth exact dates. Reporter: Laura Beasley (bm)

March 5, 1998

March 5, 1998

PACER

MOTION HEARING before Judge Paul L. Friedman taken under advisement by DAN GLICKMAN motion to communicate with unnamed, unrepresented putative class members [52-1], taken under advisement by TIMOTHY C. PIGFORD motion for certification of class [43-1] Reporter: Santa Zizzo (bm)

May 13, 1998

May 13, 1998

PACER
11

AMENDED COMPLAINT by plaintiffs TIMOTHY C. PIGFORD, LLOYD SHAFER, GEORGE HALL adding plaintiffs MCARTHUR NESBIT, EDDIE SLAUGHTER, LEO JACKSON, J. B. BLACK, LUCIOUS ABRAMS JR., GRIFFIN TOOD SR., GREGORY ERVES, CECIL BREWINGTON, HERBERT L. SKINNER JR., OBIE L. BEAL, CLIFFORD LOVETT, and amending complaint [1−1] . (blj) (bj, ). (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

SUMMONS NOT ISSUED. (blj) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

HEARING before Judge Paul L. Friedman: held, Court will issue a scheduling order. Reporter: Santa Zizzo (bm)

Oct. 13, 1998

Oct. 13, 1998

PACER

FAIRNESS HEARING before Judge Paul L. Friedman begun and concluded; issue taken under advisement; parties will respond to the motion for reconsideration by 3/8/99 Reporter: Santa Zizzo (bm)

March 2, 1999

March 2, 1999

PACER

MEET AND CONFER STATUS CONFERENCE before Judge Paul L. Friedman: Status conference set for 10:00 10/30/97 Reporter: Vernell Marshall (bm) (Entered: 10/24/1997)

Oct. 24, 1997

Oct. 24, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: Rule 26(a)(1) disclosures due in 15 days; dispositive motions due 11/18/97; status conference set for 10:00 11/17/97 ; plaintiff can file a motion for class certification after it reviews the files. Reporter: Santa Zizzo (bm) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

TRANSMITTED PRELIMINARY RECORD on appeal [206-1] to U.S. Court of Appeals (bjsp)

June 14, 1999

June 14, 1999

PACER

USCA # 99-5222 assigned for appeal [206-1] (tw)

June 17, 1999

June 17, 1999

PACER
12

TRANSCRIPT filed of status conference for date(s) of 10/24/97. Reporter: Vernell A. Marshall (ks) (Entered: 10/30/1997)

Oct. 30, 1997

Oct. 30, 1997

TRANSMITTED supplemental record on appeal [206-1] in 1:97-cv-01978, appeal [62-1] by CECIL BREWINGTON in 1:98-cv-01693 USCA No.: 99 5222. (bjsp)

June 25, 1999

June 25, 1999

PACER
13

SCHEDULING ORDER by Judge Paul L. Friedman confirming dates set at the meet and confer status conference held 10/30/97; disclosures pursuant to Rule 26(a)(1) shall be made by 11/14/97; plaintiffs shall file a motion for class certification within 90 days after the date the complaint was filed or at their earliest convenience; defendant shall respond or shall move for discovery on the class certification issue within 11 days; dispositive motions due 11/18/97; response to dispositive motions due 12/1/97; reply to dispositive motions due 12/8/97; further status conference set for 11/17/97 at 10:00 a.m. ; setting forth instructions to counsel. (N) (bm) (Entered: 11/04/1997)

Nov. 4, 1997

Nov. 4, 1997

MOTION HEARING before Judge Paul L. Friedman taken under advisement by LLOYD SHAFER motion for settlement agreement [271-1] in 1:97-cv-01978 pending filing by plaintiff Lloyd Shaffer of a document regarding the jurisdiction issue. Reporter: Cheryl Gerber (bm)

March 17, 2000

March 17, 2000

PACER
14

ORDER by Judge Paul L. Friedman: denying defendant's motion for related case designation; denying motion requesting assignment to Magistrate Judge kay for non−binding mediation [3−1] by GEORGE HALL, LLOYD SHAFER, TIMOTHY C. PIGFORD (N) (bm) (Entered: 11/04/1997)

Nov. 4, 1997

Nov. 4, 1997

15

PROTECTIVE ORDER by Judge Paul L. Friedman ; setting forth procedures for handling confidential material; allowing designated material to be filed under seal; attachment. (N) (bm) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

MOTION HEARING before Judge Paul L. Friedman held in abeyance motion for immediate status conference to resolve issues regarding 1,131 timely filed claims [284-1] by ALL PLAINTIFFS in 1:97-cv-01978; held in abeyance motion for the issues of 1,143 pending late petitions filed after January 31, 2000 and 940 late claims not accompanied by late petitions be added to the June 5, 2000 status conference. [292-1] by plaintiffs in 1:97-cv-01978; held in abeyance motion for adjudication of seven late claims. [296-1] by petitioners in 1:97-cv-01978 Reporter: Cheryl Gerber, Miller Reporting (bm)

June 9, 2000

June 9, 2000

PACER
16

MOTION filed by counsel for JOHN DOE applicants nos. 1−50 for leave to intervene ; Exhibit (MOTION FOR INTERVENTION, REQUEST FOR EXPEDITED RULING AND MEMORANDUM BRIEF IN SUPPORT) (blj) (Entered: 11/14/1997)

Nov. 14, 1997

Nov. 14, 1997

MOTION HEARING before Judge Paul L. Friedman taken under advisement motion for reconsideration of the Courts order RE: consent decree [239-1] [248-1] in 1:97-cv-01978; taken under advisement by plaintiffs motion for interim attorney fee against DAN GLICKMAN in 1:97-cv-01978 [283-1] in 1:97-cv-01978; while the Court is considering the motion for interim attorney fees, the defendant shall meet with plaintiffs' counsel to consider an interim fee; taken under advisement motion for attorney fees and costs [240-1] by Banks Law Firm in 1:97-cv-01978 Reporter: Santa Zizzo (bm)

July 31, 2000

July 31, 2000

PACER

STATUS CONFERENCE before Judge Paul L. Friedman: movant interveners shall supplement their motions due 11/21/97; parties will respond to motion to intervene due 12/3/97; reply to motion due 12/9/97; status conference set for 10:00 12/19/97 Reporter: Santa Zizzo (bm) (Entered: 11/17/1997)

Nov. 17, 1997

Nov. 17, 1997

HEARING before Judge Paul L. Friedman held : Reporter: Santa Zizzo (bm)

Nov. 8, 2000

Nov. 8, 2000

PACER
20

MOTION filed by movant SARAH DAVIS to intervene (blj) (Entered: 11/20/1997)

Nov. 17, 1997

Nov. 17, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: held Reporter: Santa Zizzo (bm)

April 19, 2001

April 19, 2001

PACER

Text not available.

April 27, 2001

April 27, 2001

PACER
18

AGREED ORDER by Judge Paul L. Friedman : that the deadlines extablished in paragraphs 2 and 3 of the 11/4/97 Scheduling order are extended for a period of thirty (30) days; and setting fourth instructions to counsel. (N) (ks) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

19

SCHEDULING ORDER by Judge Paul L. Friedman : Confirming dates set at the status conference on 11/17/97. (N) (ks) (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

MOTION HEARING before Judge Paul L. Friedman: Motion by plaintiffs for TRO, heard and denied for reasons stated on the record; the parties shall agree on a briefing schedule for the motion to modify the Court order of 3/1/01. Reporter: Santa Zizzo (bm)

July 23, 2001

July 23, 2001

PACER
491

MOTION filed by plaintiffs in 1:97-cv-01978 to endow arbitrators with discretion to extend arbitration deadlines ; (copy) (td) (Entered: 08/29/2001)

Aug. 17, 2001

Aug. 17, 2001

PACER
21

TRANSCRIPT filed for date(s) of 10/30/97. Reporter: Santa Theresa Zizzo (blj) (Entered: 11/21/1997)

Nov. 20, 1997

Nov. 20, 1997

22

MOTION filed for CLINTON R. MARTIN to intervene ; Exhibit (COMPLAINT) (blj) (Entered: 11/24/1997)

Nov. 21, 1997

Nov. 21, 1997

486

STATUS REPORT by plaintiffs in 1:97-cv-01978 on the progress and status of class counsel's register of petitions. (td) (temp1, ). (Entered: 08/28/2001)

Aug. 27, 2001

Aug. 27, 2001

PACER
23

MOTION filed for JAMES WALKER, SALLIE WALKER to intervene; by attarney J. L. Chestnut; "Let this be filed" (fiat) Judge Friedman ; Attachment (1) (blj) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

488

MOTION filed by movant COLIE DIXON in 1:97-cv-01978 to vacate judgment ; affidavit (1) (td) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

PACER
24

LETTER to Judge Friedman regarding the intervenors agreement "Let this be filed" (fiat) Judge Friedman (blj) (Entered: 12/01/1997)

Dec. 1, 1997

Dec. 1, 1997

489

MOTION filed by movant L. D. MAYMON in 1:97-cv-01978 to vacate judgment ; affidavit (1) (td) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

PACER
490

MOTION filed by movant WILLIE S. MAYMON in 1:97-cv-01978 to vacate judgment ; affidavit (1) (td) (Entered: 08/29/2001)

Aug. 28, 2001

Aug. 28, 2001

PACER
25

RESPONSE by plaintiff in opposition to amended motion for CLINTON R. MARTIN to intervene and memorandum brief in support [22−1]; Exhibit (1) (blj) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

26

MEMORANDUM by federal defendant DAN GLICKMAN in opposition to motion for CLINTON R. MARTIN to intervene [22−1] (blj) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

487

ORDER by Judge Paul L. Friedman: exempting Mr. Carpenter's non-credit claims (filed for benefits denied to "Carpenters Produce") from the $3,000 damages cap established under the Court's 2/7/01, Stipulation and Order; in the event that Mr. Carpenter's Petition for Monitor Review is granted and his claims are approved upon rehearing by the Adjudicator, Carpenters Product shall be awarded the amount of the benefit wrongly denied, as determined by the Adjudicator. (N) (bm) (Entered: 08/29/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
492

MOTION filed by movant LOIS S. CLARK in 1:97-cv-01978 vacating judgment as to movant LOIS S. CLARK in 1:97-cv-01978 ; affidavit (1) (td) (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
27

MOTION filed by plaintiff for leave to file second amended class action complaint ; EXHIBIT (second complaint) (JMF) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

493

STATUS REPORT by Non Party RANDI ILYSE ROTH in 1:97-cv-01978 August 2001 report regarding registers of petitions. (td) (temp1, ). (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
28

SUPPLEMENTAL MEMORANDUM by federal defendant DAN GLICKMAN in opposition to motion for CLINTON R. MARTIN to intervene [22−1]; Attachments (2) (blj) (Entered: 12/10/1997)

Dec. 9, 1997

Dec. 9, 1997

40

REPLY by movant CLINTON R. MARTIN to response to motion for CLINTON R. MARTIN to intervene [22−1] (ks) (Entered: 02/24/1998)

Dec. 10, 1997

Dec. 10, 1997

494

MOTION filed by movant CURTIS DIXON in 1:97-cv-01978 to vacate judgment as to movant CURTIS DIXON in 1:97-cv-01978. (td) Modified on 08/31/2001 (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER
495

MOTION filed by plaintiffs in 1:97-cv-01978 to treat as conceded the motion of certain plaintiffs' attorneys for award of attorneys fees and costs. (td) (Entered: 08/31/2001)

Aug. 30, 2001

Aug. 30, 2001

PACER

STATUS CONFERENCE before Judge Paul L. Friedman: held Reporter: Laura Beasley (bm) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

496

MOTION filed for EZRA MCNAIR to case(s) 1:97-cv-01978, to intervene, and to vacate judgment ; affidavit (1) (td) (Entered: 09/04/2001)

Aug. 31, 2001

Aug. 31, 2001

PACER
29

MOTION filed by federal defendant DAN GLICKMAN to extend time to respond to plaintiff's motion to file a second amended complaint (bm) (Entered: 12/16/1997)

Dec. 15, 1997

Dec. 15, 1997

498

MOTION filed for LARRY D. BARNES to case(s) 1:97-cv-01978, to intervene, and vacating judgment as to movant LARRY D. BARNES in 1:97-cv-01978. (td) (Entered: 09/10/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
30

ORDER by Judge Paul L. Friedman : granting motion to extend time to respond to plaintiff's motion to file a second amended complaint [29−1] by DAN GLICKMAN (N) (bm) (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

499

STATUS REPORT by plaintiff in 1:97-cv-01978 to the court on progress and status of class counsel's register of petitions. (td) (temp1, ). (Entered: 09/10/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
31

MOTION filed by plaintiffs for leave to file third anended class action complaint ; Exhibit (THIRD AMENDED COMPLAINT) (blj) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

STATUS CONFERENCE before Judge Paul L. Friedman: case will be sent to mediation for a period of 60 days; status conference set for 2:00 1/26/98 ; plaintiff shall file a proposed scheduling order; motions to intervene shall be held in abeyance. Reporter: Santa Zizzo (bm) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

500

MOTION filed for EDITH LOMAX-BARNES to case(s) 1:97-cv-01978, to intervene, and to vacate judgment as to movant EDITH LOMAX-BARNES in 1:97-cv-01978 ; affidavit (1) (td) (Entered: 09/10/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER

Tele−conference held before Judge Paul L. Friedman reporter: Santa Zizzo (bm) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

501

MOTION filed by movant Carrie Mcnair for CARRIE MCNAIR to case(s) 1:97-cv-01978, to intervene, and to vacate judgment as to movant CARRIE MCNAIR in 1:97-cv-01978 ; affidavit (1) (td) Modified on 09/10/2001 (Entered: 09/10/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
507

MOTION filed for DARYL BRENTR to case(s) 1:97-cv-01978, to intervene, and vacate judgment in 1:97-cv-01978 ; affidavit (1) (td) (Entered: 09/17/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
32

ORDER by Judge Paul L. Friedman : that the stipulation and Order entered this same day is not intended to preclude, nor does it preclude, Mr. Eddie Ross, represented by Mr. Philip Fraas, from completing the administrative settlement of his case with the Department of Agriculture. (N) (dot) (Entered: 12/24/1997)

Dec. 24, 1997

Dec. 24, 1997

508

MOTION filed for CURTIS DIXON to case(s) 1:97-cv-01978, to intervene, and vacate judgment as to movant CURTIS - DIXON in 1:97-cv-01978. (td) (Entered: 09/17/2001)

Sept. 5, 2001

Sept. 5, 2001

PACER
34

TRANSCRIPT filed for date(s) of 11/17/97. Reporter: Santa Theresa Zizzo (blj) (Entered: 12/29/1997)

Dec. 24, 1997

Dec. 24, 1997

497

MOTION filed by movants Grover Miller and Geraldstine Miller for GROVER MILLER, GERALDSTINE MILLER to case(s) 1:97-cv-01978, to intervene, and vacating judgment ; affidavit (1) (td) Modified on 09/10/2001 (Entered: 09/10/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
35

NOTICE OF CHANGE OF ADDRESS by Gerard Robert Lear representing movant JOHN DOE, movant CLINTON R. MARTIN . New address: SPEISER KRAUSE 2300 Clarendon Boulevard, Suite 306, Arlington, VA 22201, (703) 522−7500. (ks) (Entered: 12/31/1997)

Dec. 31, 1997

Dec. 31, 1997

516

MOTION filed by movant HENRY A. VAUGHN in 1:97-cv-01978, movant FLORIA A. VAUGHN in 1:97-cv-01978 to vacate judgment . (td) (Entered: 09/20/2001)

Sept. 6, 2001

Sept. 6, 2001

PACER
36

TRANSCRIPT filed of status conference for date(s) of 12/11/97. Reporter: Laura Beasley (ks) (Entered: 01/08/1998)

Jan. 7, 1998

Jan. 7, 1998

509

RESPONSE by federal defendant ANN M. VENEMAN in 1:97-cv-01978 in opposition to motions to vacate judgment and, in one case, to intervene[490-1] [489-1], [485-1],[485-2],[483-1]. (td) (Entered: 09/17/2001)

Sept. 7, 2001

Sept. 7, 2001

PACER
37

TRANSCRIPT filed of Status conference for date(s) of 12/19/97. Reporter: Santa Zizzo (ks) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

502

REPORT by plaintiffs in 1:97-cv-01978 of 9/10/01 on progress and status of class counsel's register of petitions (bm) (Entered: 09/11/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER

STATUS CONFERENCE before Judge Paul L. Friedman: status conference set for 10:00 3/5/98 ; parties will notify the Court if they wish to set a tele−conference date. Reporter: Edward Hawkins (bm) (Entered: 01/26/1998)

Jan. 26, 1998

Jan. 26, 1998

503

RESPONSE by federal defendant ANN M. VENEMAN in 1:97-cv-01978 in opposition to motion to endow arbitratiors with discretion to extend arbitration deadlines. [480-1] by plaintiffs. (bm) (Entered: 09/11/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER
38

AFFIDAVIT of Jacob Lipscomb. (ks) (Entered: 01/27/1998)

Jan. 26, 1998

Jan. 26, 1998

504

JOINDER by Wiley Rein & Fielding LLP claimants joining in motion to endow arbitratiors with discretion to extend arbitration deadlines. [480-1] (bm) (Entered: 09/11/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER
39

TRANSCRIPT filed of status conference for date(s) of 1/26/98. Reporter: Edward Hawkins (ks) (Entered: 02/11/1998)

Feb. 10, 1998

Feb. 10, 1998

STATUS CONFERENCE before Judge Paul L. Friedman: Stay lifted; plaintiff to file their motion on the statute of limitations; motion for class certification and motion for injunctive relief; trial set for 2/1/99 at 9:30 a.m.; the parties will file a report in ten days stating how they wish to proceed with mediation; an order will be filed setting forth exact dates. Reporter: Laura Beasley (bm) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

512

MOTION filed for HAROLD B. DIXON to case(s) 1:97-cv-01978, to intervene. (td) (Entered: 09/18/2001)

Sept. 12, 2001

Sept. 12, 2001

PACER
513

MOTION filed by movant LINDA CATCHING in 1:97-cv-01978 to vacate judgment . (td) (Entered: 09/18/2001)

Sept. 12, 2001

Sept. 12, 2001

PACER
41

MOTION filed by movant CLINTON R. MARTIN to withdraw motion for CLINTON R. MARTIN to intervene [22−1] (bm) (Entered: 03/05/1998)

March 5, 1998

March 5, 1998

514

MOTION filed for LARRY GARRETT to case(s) 1:97-cv-01978, to intervene. (td) (Entered: 09/18/2001)

Sept. 12, 2001

Sept. 12, 2001

PACER
42

SCHEDULING ORDER by Judge Paul L. Friedman lifting stay for the purposes of briefing plaintiffs' motion for class certification and motion for partial summary judgment due 3/9/98; response to motions due 4/8/98 reply to motions due 4/15/98; parties shall meet with the mediator by 3/17/98 to discuss whether further mediation would be fruitful and, if so, how best to proceed; the parties shall file a written report with the Court by 3/18/98 respecting a proposed course of action; trial set for 2/1/99 (N) (bm) (Entered: 03/06/1998)

March 6, 1998

March 6, 1998

43

MOTION filed by plaintiffs for certification of class ; Exhibits (6). (Bulky) (ks) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

505

ORDER by Judge Paul L. Friedman: approving the Monitor's invoice for the period of September 2001 in the amount of $516,793.00; the Clerk of the Court, United States District Court for the District of Columbia shall pay this amount to the Monitor within fifteen (15) days of the date of the entry of this Order (N) (bm) (Entered: 09/14/2001)

Sept. 14, 2001

Sept. 14, 2001

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 1997

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All African-American farmers who (1) farmed between January 1, 1983, and February 21, 1997; and (2) applied, during that time period, for participation in a federal farm program with USDA, and as a direct result of a determination by USDA in response to said application, believed that they were discriminated against on the basis of race, and filed a written discrimination complaint with USDA in that time period.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Agriculture, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1.05 billion

Order Duration: 1999 - None

Issues

General:

Disparate Impact

Disparate Treatment

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black