Case: In re Black Farmers' Discrimination Litigation ("Pigford II")

1:08-mc-00511 | U.S. District Court for the District of Columbia

Filed Date: Aug. 7, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 14, 1999, a consent decree was approved in Pigford v. Glickman, involving a class of thousands of Black farmers who had sued the U.S. Department of Agriculture over racially discriminatory farm loan denials. 185 F.R.D. 82 (D.D.C. 1999). In the settlement, two "claim tracks" were created: Track A, which had a lower standard of proof of discrimination (paying up to $50,000 for credit claims and $3,000 for non-credit claims), and Track B, which required a preponderance of the evidence (pa…

On April 14, 1999, a consent decree was approved in Pigford v. Glickman, involving a class of thousands of Black farmers who had sued the U.S. Department of Agriculture over racially discriminatory farm loan denials. 185 F.R.D. 82 (D.D.C. 1999). In the settlement, two "claim tracks" were created: Track A, which had a lower standard of proof of discrimination (paying up to $50,000 for credit claims and $3,000 for non-credit claims), and Track B, which required a preponderance of the evidence (paying up to $250,000). The deadline for claims under this settlement was October 12, 1999. The consent decree allowed claimants who could show "extraordinary circumstances" for missing the October 12 deadline to file at a later date, until the final deadline of September 15, 2000. In total 61,000 claims were brought late, but fewer than 3,000 were adjudicated based on the merits.

On May 22, 2008, the Food, Conservation and Energy Act (a/k/a "2008 Farm Bill") was enacted, providing claimants a right to pursue discrimination claims if they had petitioned to participate but did not get their petitions considered on the merits because they were filed late. Pub. L. 110-234, 122 Stat. 923. Section 14012 of the bill created a completely new cause of action for these "late-filers," which could be brought in the U.S. District Court for the District of Columbia. Subsequently, a large number of suits were filed under this new cause of action.

On August 8, 2008, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia consolidated 17 cases resulting from Section 14012 that were currently pending in the district court: Agee v. Schafer (C.A.. No. 08-0882); Kimbrough v. Schafer (08-0901); Adams v. Schafer (08-0919); National Black Farmers Association v. Schafer (08-0940); Bennet v. Schafer (08-0962); McKinney v. Schafer (08-1062); Bolton v. Schafer (08-1070); Copland v. Vilsack (08-1188); Hampton v. Schafer (08-1381); Robinson v. Schafer (08-1513); James v. Schafer (08-2220); Beckley v. Vilsack (09-1019); Sanders v. Vilsack (09-1318); Russell v. Vilsack (09-1323); Bridgeforth v. Vilsack (09-1401); Allen v. Vilsack (09-1422); and Anderson v. Vilsack (09-1507). All together, these matters were captioned In re Black Farmers' Litigation, and given the docket number 08-mc-0511. (This matter is typically referred to as Pigford II.)

On November 14, 2008, the plaintiffs filed an amended complaint, including a request to certify a putative class of "All individuals: (1) who submitted late-filing requests under section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008; but (2) who have not obtained a determination on the merits of their discrimination complaints, as defined by Section 1(h) of the Consent Decree."

On February 18, 2010, the parties came to a settlement agreement, which was submitted to the court. The settlement agreement created a class with the description language from the amended complaint (see above). This settlement maintained the two tracks of claims, established "neutrals" who were assigned to adjudicate the settlement claims, and created an ombudsman position, which was to act as the liaison between the claimants and the court. In return for the re-evaluation of late-filing claims, the plaintiffs agreed to move for dismissal of all pending consolidated cases with prejudice, to be effective upon the court's final approval. After the execution of the initial form of the settlement agreement, six additional complaints were filed and consolidated with this case: Edwards v. Vilsack (10-0456); Latham v. Vilsack (10-0737); Andrews v. Vilsack (10-0801); Sanders v. Vilsack (10-1053); Johnson v. Vilsack (10-0839); and Abney v. Vilsack (10-1026).

On December 8, 2010, Congress passed the "Claims Resolution Act," which appropriated $1.15 billion to fund this settlement agreement. Pub. L. No. 111-291, §201, 124 Stat. 3064, 3070 (2010). On February 11, 2011, Judge Friedman approved this settlement agreement. The order fixed the claim period between November 14, 2011, and May 11, 2012.

On March 30, 2011, the plaintiffs filed an unopposed motion for certification of the settlement class, described above. Judge Friedman approved certified the settlement class on May 13, 2011. On October 27, 2011, Judge Friedman approved the final proposed class settlement. 820 F. Supp. 2d 78 (D.D.C. 2011).

On November 15, 2011, one of the plaintiffs in the consolidated case, the Black Farmers and Agriculturalist Association (BFAA), moved for reconsideration of the settlement approval. The BFAA argued that the settlement should not have been approved because it unfairly prevented plaintiffs from pursuing substantive relief under the Section 741 of the 1999 Farm Bill. This motion was denied on January 13, 2012, by Judge Friedman. 2012 WL 8007271 (D.D.C. 2012). The BFAA and another class member, Charlie Latham, appealed this denial to the U.S. Court of Appeals for the District of Columbia Circuit. On July 25, 2012, the Court of Appeals, in a per curiam order, denied the reconsideration appeal for the BFAA because the BFAA is not an "individual" under the class settlement, thereby not a part of the settlement. In the same order, the Court of Appeals also denied Latham's appeal because he had already received a determination on his Pigford claim. On February 26, 2013, the Supreme Court of the United States denied BFAA and Latham's petition for a writ of certiorari.

On February 6, 2012, Stephen Carpenter was appointed the independent ombudsman per the settlement agreement. 842 F. Supp. 2d 190 (D.D.C. 2012).

On May 11, 2012, the claim process ended. The parties in this case moved on August 17, 2012 to alter the settlement to provide relief for claimants who missed the deadline for certain circumstances. On September 14, 2012, Judge Friedman approved this alteration of the settlement, which allowed claimants who made a claim before the May 11 deadline and made a prima facie showing of class membership but was not sent a claim form before May 1, 2012 to have their claim considered "timely" if resubmitted within 30 days of the approved alteration.

On May 24, 2013, the plaintiff filed a motion to further modify the settlement agreement to allow certain claims previously denied as “incomplete” to be considered for adjudication on the merits. There are potentially 384 claims under the subject of this motion. On June 21, 2013, Judge Friedman denied this motion.

Judge Friedman granted many more motions to amend the settlement agreement on the following dates: August 27, 2013, April 7, 2014, September 17, 2014, August 31, 2016, March 28, 2017.

As of August 2020, the court is still reviewing invoices submitted by the Ombudsman’s office; the case is ongoing.

Summary Authors

Dan Osher (6/19/2013)

Sichun Liu (5/25/2019)

Related Cases

Pigford v. Glickman, District of Columbia (1997)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4210284/parties/in-re-black-farmers-discrimination-litigation/


Judge(s)

Friedman, Paul L. (District of Columbia)

Garland, Merrick B. (District of Columbia)

Kollar-Kotelly, Colleen (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bell, David E. (District of Columbia)

Boutwell, Marc (Mississippi)

Bross, William L IV (Alabama)

Calton, Walter B. (Alabama)

Chew, Benjamin G (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Garland, Merrick B. (District of Columbia)

Kollar-Kotelly, Colleen (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bell, David E. (District of Columbia)

Boutwell, Marc (Mississippi)

Bross, William L IV (Alabama)

Calton, Walter B. (Alabama)

Chew, Benjamin G (District of Columbia)

Colfax, Reed N. (District of Columbia)

Cross, Othello C. (Arkansas)

Douglas, Gayle L (Alabama)

Edwards, Charles (Mississippi)

England-Albright, April A. (Alabama)

Espy, Mike (Mississippi)

Farrin, James Scott (North Carolina)

Fraas, Philip L (District of Columbia)

Francis, Gregario (Florida)

Garrison, William Lewis (Alabama)

Gleason, Don O (Mississippi)

Gowan, Stephen (Mississippi)

Haase, Eric P (North Carolina)

Hilliard, Robert C (Texas)

Kearney, Jesse L (Arkansas)

Klar, Jennifer I. (District of Columbia)

Lewis, Timothy K. (Pennsylvania)

Lieberman, Michael Wyld (District of Columbia)

Malson, Laurel Pyke (District of Columbia)

Mason, Gary E. (District of Columbia)

McEachin, Aston Donald (Virginia)

McHenry, Michael (Mississippi)

Merenstein, Bruce P (Pennsylvania)

Meyer, J. Andrew (Florida)

Millrood, Tobias L (Pennsylvania)

Pacella, Mario A (South Carolina)

Phelan, Brian P (District of Columbia)

Pogust, Harris L (Pennsylvania)

Quillet, Ramona (District of Columbia)

Relman, John Peter (District of Columbia)

Riveira, Ashley R (District of Columbia)

Rutland, Michael A (Alabama)

Sanders, Harry (Alabama)

Sellers, Bakari (South Carolina)

Silver, David C (Florida)

Strom, Joseph P (South Carolina)

Varma, Anurag (District of Columbia)

Wellington, Ralph G (Pennsylvania)

Wilkey, Robert N (Pennsylvania)

Attorneys(s) for Defendant

Coles-Huff, Doris Denise (District of Columbia)

Contreras, Rudolph (District of Columbia)

Crowley, Megan Anne (District of Columbia)

Hines, Rachel J (District of Columbia)

Moore, Tamra (District of Columbia)

Phillips, Channing D (District of Columbia)

Robinson, Paul A Jr. (Tennessee)

Sitcov, Michael (District of Columbia)

Ulrich, Tamara Lynn (District of Columbia)

West, Tony (District of Columbia)

Other Attorney(s)

Brittenum, Dedrick Jr. (District of Columbia)

Frantz, David Joseph (District of Columbia)

Gaiser, Ronald Otto Jr. (Alabama)

Marks, Andrew H (District of Columbia)

Martin, Precious Tyrone (Mississippi)

Pires, Alexander John Jr. (District of Columbia)

Schulman, Adam (District of Columbia)

Strauss, Jesse (New York)

Toure, Faya Rose (Alabama)

Weinstein, Scott William (Florida)

Expert/Monitor/Master

Carpenter, Stephen (Minnesota)

Waller, Alva Y (District of Columbia)

Documents in the Clearinghouse

Document

1:08-mc-00511

1:12-cv-01893

11-05334

12-05019

Docket [PACER]

In re Black Farmers' Discrimination Litigation

April 8, 2019

April 8, 2019

Docket
160

1:08-mc-00511

Memorandum Opinion and Order [Denying Certain Plaintiffs' Motion for a Temporary Restraining Order]

In re Black Farmers' Discrimination Litigation

Feb. 11, 2001

Feb. 11, 2001

Order/Opinion
1

1:08-mc-00511

Order [Consolidating Cases for All Purposes]

In re Black Farmers' Discrimination Litigation

Aug. 8, 2008

Aug. 8, 2008

Order/Opinion
19

1:08-mc-00511

Memorandum Opinion and Order

In re Black Farmers' Discrimination Litigation

587 F.Supp.2d 23

Nov. 7, 2008

Nov. 7, 2008

Order/Opinion
24

1:08-mc-00511

Second Amended Complaint for Determination on the Merits and Damages Pursuant to § 14012 of the Food, Conservation and Energy Act of 2008

In re Black Farmers' Discrimination Litigation

Nov. 10, 2008

Nov. 10, 2008

Complaint
112

1:08-mc-00511

Order [Granting Defendant's Motion for Relief]

In re Black Farmers' Discrimination Litigation

Nov. 12, 2009

Nov. 12, 2009

Order/Opinion
161

1:08-mc-00511

In re Black Farmers' Discrimination Litigation - Motion for Preliminary Approval of Settlement, Certification of a Rule 23(b)(1)(B) Settlement Class, and for other purposes [Settlement Attached]

In re Black Farmers' Discrimination Litigation

March 30, 2011

March 30, 2011

Pleading / Motion / Brief
163

1:08-mc-00511

Amended Class Action Complaint to Determine Merits and Damages Pursuant to § 14012 of the Food, Conservation and Energy Act of 2008, as Amended

In re Black Farmers' Discrimination Litigation

April 1, 2011

April 1, 2011

Complaint
170

1:08-mc-00511

In re Black Farmers' Discrimination Litigation - Notice of Amendment of Exhibits to Motion for Prelminary Approval of Settlement, Certification of a Rule 23(b)(1)(B) Settlement Class, and for Other Purposes

In re Black Farmers' Discrimination Litigation

May 13, 2011

May 13, 2011

Pleading / Motion / Brief
170-2

1:08-mc-00511

In re Black Farmers Discrimination Litigation - Settlement Agreement

In re Black Farmers Discrimination Litigation

May 13, 2011

May 13, 2011

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210284/in-re-black-farmers-discrimination-litigation/

Last updated Aug. 25, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

ORDER consolidating cases for all purposes. Signed by Judge Paul L. Friedman on 8/8/08. (lcplf2) (Entered: 08/08/2008)

Aug. 8, 2008

Aug. 8, 2008

RECAP
2

MOTION for Extension of Time to File Further Response to Proposed Case Management Order No. 1 by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

RECAP
3

ORDER re management of newly-filed case Civil Action No. 08-1381. Signed by Judge Paul L. Friedman on August 15, 2008. (MA) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

RECAP
4

ORDER that Civil Action No. 08-1381 is stayed in its entirety for a period of 90 days from June 27, 2008 for the purpose of settlement negotiations. Signed by Judge Paul L. Friedman on August 15, 2008. (MA) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

RECAP
5

REPLY by The Morgan Group to Proposed CMO 1 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

RECAP
6

MOTION for Order Entering the Modified Proposed Case Management Order No. 1 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Revised Proposed Case Management Order No. 1, # 2 Red-Line Comparison Between New Proposed CMO 1 and the Original Proposed CMO 1)(Malson, Laurel) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

RECAP
7

REPLY to the Morgan Group's Comments to Proposed Case Management Order No. 1 filed by ALL PLAINTIFFS, BLACK FARMERS DISCRIMINATION LITIGATION. (Frantz, David) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

RECAP
8

RESPONSE re 5 Reply to Document filed by the Morgan Group filed by EDWARD T. SCHAFER. (Moore, Tamra) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

RECAP
9

Initial ORDER re Civil Action No. 08-1513. Signed by Judge Paul L. Friedman on September 5, 2008. (MA) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
10

ORDER that Civil Action No. 08-1513 is stayed in its entirety for a period of 90 days from June 27, 2008 (that is, until September 29, 2008) for the purpose of settlement negotiations. Signed by Judge Paul L. Friedman on September 5, 2008. (MA) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
11

REPLY re 8 Response to Document Morgan Group's Reply filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
12

STATUS REPORT by EDWARD T. SCHAFER, ALL PLAINTIFFS. (Malson, Laurel) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
13

Supplemental MOTION for Order Entering the Modified Proposed Case Management Order No. 1 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Proposed Case Management Order No. 1)(Malson, Laurel) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
14

REPLY to opposition to motion re 13 Supplemental MOTION for Order Entering the Modified Proposed Case Management Order No. 1 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
15

NOTICE of Service for Case No. 08-cv-940 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

PACER
16

NOTICE of Service for Case No. 08-cv-1062 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/28/2008)

Oct. 28, 2008

Oct. 28, 2008

PACER
17

NOTICE of Service for Case No. 08-cv-1381 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/29/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER
18

MOTION for Hearing and Immediate Status Conference by ALL PLAINTIFFS (Malson, Laurel) (Entered: 11/04/2008)

Nov. 4, 2008

Nov. 4, 2008

PACER
19

MEMORANDUM OPINION AND ORDER denying as moot Plaintiffs' Motion to Modify Proposed Case Management Order No. 1 and Memorandum in Support 6 ; denying Supplemental Motion of Certain Plaintiffs to Modify Proposed Case Management Order No. 1 13 ; granting Plaintiffs' Motion for Immediate Status Conference 18 . A status conference is hereby scheduled for November 14, 2008 at 10:00 a.m. Signed by Judge Paul L. Friedman on 11/7/08. (lcplf2) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

RECAP
20

MOTION for Leave to File Second Amended Complaint and Exhibit 1 Thereto by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order, # 2 Second Amended Complaint, # 3 Appendix A to the Second Amended Complaint, # 4 Appendix B to the Second Amended Complaint, # 5 Appendix C to the Second Amended Complaint)(Malson, Laurel) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
21

Memorandum in opposition to re 18 MOTION for Hearing and Immediate Status Conference and in Response to the Court's November 7, 2008 Opinion and Order filed by EDWARD T. SCHAFER. (Hines, Rachel) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
22

RESPONSE TO ORDER OF THE COURT re 19 Memorandum & Opinion, and Reply to Defendant's Response to Plaintiffs' Motion For Immediate Status Conference filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
23

NOTICE by EDWARD T. SCHAFER (Sitcov, Michael) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
24

AMENDED COMPLAINT against EDWARD T. SCHAFER filed by ALL PLAINTIFFS. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(td, ) (Entered: 11/17/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
25

MOTION for Order Entering Proposed CMO No. 1 Regarding Informational Website and Phone Bank by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
26

RESPONSE re 23 Notice (Other) of Defendant filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Frantz, David) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
27

Memorandum in opposition to re 25 MOTION for Order Entering Proposed CMO No. 1 Regarding Informational Website and Phone Bank filed by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
28

NOTICE of Change of Address by Phillip L. Fraas (Fraas, Phillip) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
29

NOTICE of Service for Cases 08-cv-0882 (PLF), 08-cv-0919 (PLF), 08-cv-0962 (PLF) and 08-cv-1070 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit Affidavit of Service and Exhibits in Support)(Pogust, Harris) (Entered: 11/25/2008)

Nov. 25, 2008

Nov. 25, 2008

PACER
30

ORDER re management of consolidated cases. Signed by Judge Paul L. Friedman on December 9, 2008. (MA) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
31

CASE MANAGEMENT ORDER NO. 1 Signed by Judge Paul L. Friedman on 12/15/2008. (mm) (Entered: 12/16/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
32

Consent MOTION for Protective Order Regarding "5(g) List" by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 - Statement of Agreement to Conditions for Access to "5(g) List")(Malson, Laurel) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
33

ORDER lifting the stay in this case to permit the parties to submit briefs as to whether this Court should certify these consolidated cases as a limited fund class action. All other aspects of this case will remain stayed while the parties brief the class certification issue. Signed by Judge Paul L. Friedman on 12/23/2008. (lcplf2) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
34

PROTECTIVE ORDER regarding "5(g) list". Signed by Judge Paul L. Friedman on 12/23/2008. (mm) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
35

Consent MOTION for Leave to File Third Amended Complaint and Exhibit 1 Thereto by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order, # 2 Third Amended Complaint, # 3 Appendix A to the Third Amended Complaint, # 4 Appendix B to the Third Amended Complaint, # 5 Appendix C to the Third Amended Complaint, # 6 Appendix D to the Third Amended Complaint)(Malson, Laurel) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
36

ORDER granting 35 Certain Plaintiffs' Motion for Leave to File Third Amended Complaint. The Third Amended Complaint in Case No. 08-CV-1381 may be filed. Signed by Judge Paul L. Friedman on 12/29/2008. (mm) (Entered: 12/29/2008)

Dec. 29, 2008

Dec. 29, 2008

PACER
37

STIPULATION of Agreement to Conditions for use of "5(g) Information" by ALL PLAINTIFFS. (Kearney, Jesse) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

PACER
38

STIPULATION of Agreement to Conditions for Use of "5(g) Information" by ALL PLAINTIFFS. (Kearney, Jesse) (Entered: 12/31/2008)

Dec. 31, 2008

Dec. 31, 2008

PACER
39

STIPULATION re 34 Order Statement of Agreement to Conditions for Use of 5(g) Information by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 01/05/2009)

Jan. 5, 2009

Jan. 5, 2009

PACER
40

Unopposed MOTION for Leave to File Retainer and Website Information For In Camera Review by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 01/12/2009)

Jan. 12, 2009

Jan. 12, 2009

PACER
41

ORDER that Civil Action No. 08-2220 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511. Signed by Judge Paul L. Friedman on January 14, 2009. (MA) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
42

ORDER that Civil Action No. 08-2220 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. Signed by Judge Paul L. Friedman on January 14, 2009. (MA) (Entered: 01/14/2009)

Jan. 14, 2009

Jan. 14, 2009

PACER
43

ORDER granting 40 Plaintiffs' Unopposed Motion for Leave to Submit Retainer and Website Information for In Camera Review. Signed by Judge Paul L. Friedman on 1/15/2009. (mm) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
44

STATUS REPORT (Joint) by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Hines, Rachel) (Entered: 01/16/2009)

Jan. 16, 2009

Jan. 16, 2009

PACER
45

ORDER re briefing schedule. Signed by Judge Paul L. Friedman on February 3, 2009. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(MA) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
46

MOTION for Order Entering Proposed Case Management Order No. 2 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
47

NOTICE Of Objection and Intent to File Memorandum in Opposition by BLACK FARMERS DISCRIMINATION LITIGATION re (46 in 1:08-mc-00511-PLF) MOTION for Order Entering Proposed Case Management Order No. 2 Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
48

Memorandum in opposition to re 46 MOTION for Order Entering Proposed Case Management Order No. 2 filed by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 02/18/2009)

Feb. 18, 2009

Feb. 18, 2009

PACER
49

Memorandum in opposition to re (46 in 1:08-mc-00511-PLF) MOTION for Order Entering Proposed Case Management Order No. 2 and Motion For Court to Inquire into Use of "5(g)" List filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
57

MOTION for court to inquire into the consortium's use of "5(g) list by BLACK FARMERS DISCRIMINATION LITIGATION; (See Docket Entry no. 49 to view document) (td, ) (Entered: 03/06/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
50

NOTICE of Appearance by Tamara Lynn Ulrich on behalf of all defendants Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
51

WITHDRAWN PER MINUTE ORDER FILED 1/28/2010..... MOTION to Certify Class by EDWARD T. SCHAFER, ED SCHAFER (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) Modified on 9/2/2010 (zmm, ). (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
52

ERRATA by EDWARD T. SCHAFER, ED SCHAFER (9 in 1:08-cv-02220-PLF) MOTION to Certify Class filed by ED SCHAFER, EDWARD T. SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

PACER
53

Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Order Entering Proposed Case Management Order No. 2 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

PACER
54

REPLY to opposition to motion re 46 MOTION for Order Entering Proposed Case Management Order No. 2 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

PACER
55

REPLY re (49 in 1:08-mc-00511-PLF, 7 in 1:08-cv-02220-PLF) Memorandum in Opposition, to "The Morgan Group's" Motion for Court to Inquire into the Use of the 5(G) List filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Frantz, David) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
56

ENTERED IN ERROR.....NOTICE by EDWARD T. SCHAFER re 49 Memorandum in Opposition, (Moore, Tamra) Modified on 3/6/2009 (td, ). (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

PACER
58

RESPONSE re 57, 49 MOTION for court to inquire into the consortium's use of "5(g) list filed by EDWARD T. SCHAFER. (td, ) (Entered: 03/06/2009)

March 5, 2009

March 5, 2009

PACER
59

ORDER granting 53 Certain Plaintiffs' Motion for Extension of Time to File Reply to Defendant's Objection to Plaintiffs' Proposed Case Management Order No. 2. Ordered that Plaintiffs have until 3/3/2009 to file their reply. Signed by Judge Paul L. Friedman on 3/5/2009. (mm) (Entered: 03/06/2009)

March 5, 2009

March 5, 2009

PACER
60

ENTERED IN ERROR.....NOTICE of Appearance by Scott William Weinstein on behalf of BLACK FARMERS DISCRIMINATION LITIGATION Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) Modified on 4/8/2009 (td, ). (Entered: 04/07/2009)

April 7, 2009

April 7, 2009

PACER
61

Unopposed MOTION for Order Modifying the Class Certification Briefing Schedule by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
62

NOTICE of Appearance by J A Meyer on behalf of ALL PLAINTIFFS (Meyer, J) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
63

RESPONSE re (9 in 1:08-cv-02220-PLF, 51 in 1:08-mc-00511-PLF) MOTION to Certify Class by Morgan Group including Motion to Certify Class and Appoint Class Counsel and Class Representatives filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Declaration Exhibit A Declarations of Class Representatives)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

PACER
64

Memorandum in opposition to re 51 MOTION to Certify Class filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

PACER
65

REPLY to opposition to motion re (9 in 1:08-cv-02220-PLF, 51 in 1:08-mc-00511-PLF) MOTION to Certify Class filed by EDWARD T. SCHAFER, ED SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
66

MOTION to Stay the Class Certification Proceedings by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Malson, Laurel) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

PACER
67

Memorandum in opposition to re 66 MOTION to Stay the Class Certification Proceedings filed by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order Denying Motion for Stay)(Meyer, J) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

PACER
68

Memorandum in opposition to re (66 in 1:08-mc-00511-PLF) MOTION to Stay the Class Certification Proceedings filed by EDWARD T. SCHAFER, ED SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

PACER
69

WITHDRAWN PER MINUTE ORDER FILED 1/28/2010.....REPLY to opposition to motion re 66 MOTION to Stay the Class Certification Proceedings filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Malson, Laurel) Modified on 1/29/2010 (zmm, ). (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

PACER
70

Memorandum in opposition to re 66 MOTION to Stay the Class Certification Proceedings and in opposition to request for relief contained in Reply Memorandum (Docket No. 69) filed by ALL PLAINTIFFS. (Meyer, J) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

PACER
71

NOTICE of Appearance by Reed Colfax on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
72

NOTICE of Appearance by Reed Colfax on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
73

NOTICE of Appearance by Reed Colfax on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
74

NOTICE of Appearance by Jennifer I. Klar on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
75

NOTICE of Appearance by Jennifer I. Klar on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
76

NOTICE of Appearance by Jennifer I. Klar on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
77

NOTICE of Appearance by John Peter Relman on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
78

NOTICE of Appearance by John Peter Relman on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
79

NOTICE of Appearance by John Peter Relman on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
80

NOTICE of Appearance by Jennifer I. Klar on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
81

NOTICE of Appearance by John Peter Relman on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
82

NOTICE of Appearance by Reed Colfax on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
83

NOTICE of Appearance by Benjamin G. Chew on behalf of ALL PLAINTIFFS (Chew, Benjamin) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
84

NOTICE of Appearance by David C. Silver on behalf of ALL PLAINTIFFS (Silver, David) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
85

NOTICE of Appearance by Anurag Varma on behalf of ALL PLAINTIFFS (Varma, Anurag) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
86

ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1422 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 09-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01422-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
87

ORDER: Civil Action No. 09-1422 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01422-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
88

ORDER: Pursuant to 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1401 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01401-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
89

ORDER: Ordered that Civil Action No. 09-1401 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01401-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
90

ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1323 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01323-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
91

ORDER: Civil Action No. 09-1323 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01323-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
92

ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1019 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01019-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
93

ORDER: Civil Action No. 09-1019 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01019-PLF(mm) (Entered: 08/05/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
94

NOTICE OF WITHDRAWAL OF APPEARANCE as to CHARLES E. LEE. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
95

NOTICE OF WITHDRAWAL OF APPEARANCE as to BOBBIE PACE. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
96

NOTICE OF WITHDRAWAL OF APPEARANCE as to WALLACE GRAHAM. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
97

NOTICE OF WITHDRAWAL OF APPEARANCE as to LINDA BURKES. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
98

NOTICE of Appearance by Rachel J. Hines on behalf of EDWARD T. SCHAFER (Hines, Rachel) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
99

STIPULATION of Agreement to Conditions for Use of 5(g) Information by ALL PLAINTIFFS. (Varma, Anurag) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

PACER
100

STIPULATION of Agreement to Conditions for Use of 5(g) Information by ALL PLAINTIFFS. (Chew, Benjamin) (Entered: 08/06/2009)

Aug. 6, 2009

Aug. 6, 2009

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. 7, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals: (1) who submitted late-filing requests under section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008; but (2) who have not obtained a determination on the merits of their discrimination complaints, as defined by Section 1(h) of the Consent Decree.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Agriculture, Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: Up to $250,000

Order Duration: 2011 - 2012

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Issues

General:

Disparate Treatment

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black