Case: Keepseagle v. Vilsack

1:99-cv-03119 | U.S. District Court for the District of Columbia

Filed Date: Nov. 24, 1999

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On November 24, 1999, Plaintiffs first filed this lawsuit against the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the District of Columbia. Plaintiffs, Native American farmers who alleged they were victims of discriminatory lending practices by the USDA, brought suit under the Declaratory Judgment Act, 28 U.S.C. §2201, and the Equal Credit Opportunity Act, 15, U.S.C. §1691. Specifically, Plaintiffs claimed that the USDA's Farm Service Agency ("FSA") had failed to re…

On November 24, 1999, Plaintiffs first filed this lawsuit against the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the District of Columbia. Plaintiffs, Native American farmers who alleged they were victims of discriminatory lending practices by the USDA, brought suit under the Declaratory Judgment Act, 28 U.S.C. §2201, and the Equal Credit Opportunity Act, 15, U.S.C. §1691. Specifically, Plaintiffs claimed that the USDA's Farm Service Agency ("FSA") had failed to respond to investigation reports submitted by the Civil Rights Action Team and the Office of the Inspector General, which found widespread discriminatory lending practices against Native American farmers. According to the reports, the FSA utilized subjective interpretations of loan approval guidelines improperly to the detriment of Native American farmers, failed to advise Native Americans of the availability of USDA loan and loan servicing opportunities, and systematically erected barriers that prevented Native Americans from receiving loans or loan servicing. Plaintiffs claimed that the USDA failed to supervise in response to these reports, and failed to investigate the civil rights complaints that its office received in response to those discriminatory practices. The "Omnibus Consolidated Appropriations Act for Fiscal Year 1999," 7 U.S.C. §2279, waived the statute of limitations for these civil rights claims, normally barred after two years. Plaintiff sought (1) declaratory judgment that the USDA had violated their rights to equal credit, participation in loan programs, and full and timely enforcement of discrimination complaints, and (2) monetary compensation and injunctive relief from the discriminatory practices outlined above.

On July 22, 2000, the U.S. moved for judgment on the pleadings, or in the alternative, summary judgment. Plaintiffs moved on October 11, 2000 for a preliminary injunction. However, District Court Judge Emmitt G. Sullivan denied both motions on June 18, 2001.

On November 28, 2001, Judge Sullivan granted certification of the class. 2001 WL 34676944. This class was described as "[a]ll Native American farmers and ranchers who (1) framed or ranched between January 1, 1981, and November 24, 1999, (2) applied to the USDA for participation in a farm program during that time period, and (3) filed a discrimination complaint with the USDA individually or through a representative during the time period." The U.S. filed an interlocutory appeal of the class certification with the Court of Appeals for the District of Columbia, and asked the District Court to stay the case pending the appeal on December 18, 2002. Judge Sullivan denied the motion to stay on December 28, 2001. The interlocutory appeal was denied by the Court of Appeals on October 29, 2002 (Judge David S. Tatel). 309 F.3d 789.

On December 5, 2003, Judge Sullivan granted a motion by class-member Phil Givens to opt out of the class. In response, the Plaintiff class sought reversal by the Court of Appeals, petitioning the Court of Appeals for a writ of mandamus on February 9, 2004, but the petition was denied in a per curiam opinion on March 3, 2004.

On March 23, 2006, Judge Sullivan entered an order granting the motions by multiple involuntary members to opt out of the class and pursue individual relief. 236 F.R.D. 1. Plaintiffs submitted their eighth amended (and final) complaint on February 11, 2008.

On December 19, 2010, the parties notified the court that they had reached a settlement, and on December 22, Plaintiffs moved for preliminary approval of the settlement and settlement agreement class certification. Judge Sullivan granted the preliminary approval on November 1, 2010, and granted final approval of the settlement agreement on April 28, 2011. On April 29, 2011, Judge Sullivan entered an order of final judgment, dismissing this action with prejudice. This began the 180-day period of the settlement agreement claims process, ending on October 26, 2011.

The settlement agreement created a total compensation fund of $680,000,000. In exchange for Plaintiffs' agreement to dismiss the suit, Defendants agreed to suspend all collection efforts that were currently in the Service Center Information Management System or on individuals who file claims pursuant to the agreement. In addition, all members of the class would be able to make a claim to an appointed "claim administrator," who would make its best effort to make a determination on the claim within 10 days. These claims would be in one of two tracks: "Track A" required "substantial evidence" of discrimination, and awarded a liquidated damage amount of $50,000. "Track B" claims required more--a preponderance of the evidence of discrimination--and could pay an award up to $250,000. If any claimant was also making a claim in response to the Pigford v. Glickman or Garcia v. Vilsack settlements, that individual was not eligible for a claim award in this settlement. The deadline for claims under the settlement agreement was set at 180 days after final approval of settlement agreement. Pursuant to a cy pres provision, any leftover or unclaimed funds were to be distributed to non-profit organizations serving Native American farmers and ranchers. Additional provisions of the settlement included: the USDA agreed to create a Council for Native American Farming and Ranching (responsible for transmitting recommendations concerning changes to FSA regulations or internal guidance that would eliminate barriers to program participation by Native Americans), create an ombudsperson for Native Americans and other socially disadvantaged farmers and ranchers, and commence a review of their policies and training materials, promising to make all necessary revisions to prevent further discriminatory behavior.

On August 30, 2013, the Plaintiffs filed a status report notifying the court that the claims process had concluded, but that approximately $380,000,000 remained available for cy pres distribution. On September 24, 2014, the Plaintiffs filed a motion to modify the settlement’s cy pres provision: while the cy pres funds would still go to non-profit organizations serving Native American farmers and ranchers, the plaintiffs proposed changes in the mechanism for distributing funds. However, on May 19, 2015, Marilyn and George Keepseagle (“the Keepseagles”), lead named plaintiffs and class representatives, opposed class counsel’s proposed modification, retained their own counsel, and filed their own motion to modify the settlement agreement, proposing that the court order a pro rata distribution of the remaining settlement funds to successful claimants. On July 24, 2015, Judge Sullivan denied both motions to modify the settlement agreement, concluding that there was no basis to approve the modifications under the law governing the disposition of unclaimed settlements nor under Federal Rules of Civil Procedure 60(b)(5) or 60(b)(6). 2015 WL 4510837.

On December 14, 2015, all the plaintiffs, including the Keepseagles, filed an unopposed motion to modify the settlement agreement’s cy pres provision. The proposed modification was a compromise between class counsel’s and the Keepseagles’ prior proposals and provided for (1) a supplemental award of $18,500 to each claimant who prevailed in the original claims process, and (2) an amended process through which $38,000,000 of cy pres funds were to be distributed. On April 20, 2016, Judge Sullivan approved the modification. 2016 WL 9455764.

In June 2016, two class members appealed Judge Sullivan’s approval to the U.S. Court of Appeals for the D.C. Circuit, contending that all of the remaining funds should have been distributed pro rata to the successful claimants and that the cy pres provision was unconstitutional. On May 16, 2017, the Court of Appeals (Judges Brown, Wilkins, and Edwards) affirmed the district court in finding that the modification was “fair, reasonable, and adequate”; the Court declined to reach the merits of the appellants’ legal challenges to the cy pres provision, finding that they had explicitly waived those claims before the district court and forfeited them because they had never raised any legal challenges to the cy pres provision previously despite multiple clear opportunities to do so. 2017 WL 2111020. The Supreme Court then declined to hear the case on March 26, 2018, finally permitting the modification to the agreement to be implemented.

Summary Authors

Dan Osher (6/27/2013)

Lisa Limb (3/29/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4215071/parties/keepseagle-v-veneman/


Judge(s)

Brown, Janice Rogers (District of Columbia)

Bryant, William Benson (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Tatel, David S. (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Amunson, Jessica Ring (District of Columbia)

Apfel, Carrie F. (District of Columbia)

Brody, Michael L. (Illinois)

Coleman, Llezlie Green (District of Columbia)

Dillard, John G. (District of Columbia)

Judge(s)

Brown, Janice Rogers (District of Columbia)

Bryant, William Benson (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Tatel, David S. (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Amunson, Jessica Ring (District of Columbia)

Apfel, Carrie F. (District of Columbia)

Brody, Michael L. (Illinois)

Coleman, Llezlie Green (District of Columbia)

Dillard, John G. (District of Columbia)

Fallow, Katherine A. (District of Columbia)

Fraas, Philip L (District of Columbia)

Francis, James N. (Texas)

Frantz, David Joseph (District of Columbia)

Fried, Stewart D. (District of Columbia)

Friedman, Paul R. (District of Columbia)

Goodman, Robert E. Jr. (Texas)

Green, Llezlie Lloren (New York)

Harding, Ryan K. (Illinois)

Hirsch, Sam (District of Columbia)

Howell, Richard L. (Texas)

Malveaux, Suzette Marie (District of Columbia)

Matz, Marshall (District of Columbia)

Myart, James W Jr. (District of Columbia)

Nugent, Victoria S. (District of Columbia)

Pires, Alexander John Jr. (District of Columbia)

Romer-Friedman, Peter (District of Columbia)

Sellers, Joseph Marc (District of Columbia)

Smith, Paul M. (District of Columbia)

Tenny, Daniel (District of Columbia)

Tompkins, Charles Edgar (Massachusetts)

Varma, Anurag (District of Columbia)

Vogel, Sarah (North Dakota)

Webber, Christine E. (District of Columbia)

Wills, Amy D. (Illinois)

Attorneys(s) for Defendant

Chambers, Felicia L. (District of Columbia)

Cook, Shayna Susanne (District of Columbia)

Demske, Susan Marie (District of Columbia)

Federighi, Carol (District of Columbia)

Gardner, Joshua Edward (District of Columbia)

Gilligan, James J (District of Columbia)

Kelhoffer, Elizabeth J. (District of Columbia)

Koslowe, Neil H (District of Columbia)

Lepley, Richard G (District of Columbia)

Lin, Jean (District of Columbia)

Machen, Ronald C (District of Columbia)

Nusraty, Tim (District of Columbia)

Phillips, Heather (District of Columbia)

Powell, Amy E. (District of Columbia)

Rivera, Karen A. (District of Columbia)

Sandberg, Justin Michael (District of Columbia)

Sealls, Kenneth Eliot (District of Columbia)

Sitcov, Michael (District of Columbia)

Soskin, Eric J. (District of Columbia)

Tiersky, Marcia N. (Virginia)

Voltaire, Jean-Michel (District of Columbia)

Walker, C. Gail (District of Columbia)

West, Tony (District of Columbia)

Zimmerman, Jonathan Eli (District of Columbia)

Other Attorney(s)

Baker-Shenk, Philip Merle (District of Columbia)

Cayne, Howard Neil (District of Columbia)

Gordon, Steven D. (District of Columbia)

Handley, Matthew K. (District of Columbia)

Lively, Keith Bernard (District of Columbia)

Tingle, Donivon Craig (Florida)

Expert/Monitor/Master

Kirschner, Greg (District of Columbia)

Sullivan, Emmet G. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Keepseagle v. Veneman

Sept. 21, 2018 Docket
42

Order (Denying Plaintiffs' Motion for Temporary Restraining Order)

Keepseagle v. Glickman

Aug. 31, 2000 Order/Opinion
134

Opinion and Order (Granting Plaintiffs' Motion for Class Certification and Proposed Order)

Keepseagle v. Veneman

Dec. 12, 2001 Order/Opinion
710510

In re: Ann M. Veneman, Secretary of Agriculture, Petitioner.

Keepseagle v. Veneman

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

309 F.3d 789

Oct. 29, 2002 Order/Opinion
275

Opinion & Order (Granting in part and Denying in part Defendant's Motion for Partial Judgment on the Pleadings)

Keepseagle v. Veneman

March 31, 2005 Order/Opinion
376

Memorandum Opinion (Granting Movants' Motion)

Keepseagle v. Johanns

236 F.R.D. 1

March 23, 2006 Order/Opinion
460

Eighth Amended Complaint (Class Action)

Keepseagle v. Schafer

Feb. 8, 2008 Complaint
576-1

Settlement Agreement

Nov. 1, 2010 Settlement Agreement
810

Memorandum Opinion (Denying Motions to Modify)

118 F.Supp.3d 98, 2015 WL 4510837

July 24, 2015 Order/Opinion
824-2

Addendum to Settlement Agreement

Dec. 14, 2015 Settlement Agreement

Resources

Title Description External URL

Native American Agriculturalist Movements in Oklahoma

Randy A. Peppler, Randall S. Ware

In grassroots efforts, Native American agriculturalists in Oklahoma have been decolonizing their agricultural livelihoods by creating business enterprises and establishing seed saving and food sovere… Jan. 1, 2017

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4215071/keepseagle-v-veneman/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by plaintiff GEORGE B. KEEPSEAGLE, plaintiff LUTHER CRASCO, plaintiff JOHN FREDERICKS, plaintiff GENE CADOTTE, plaintiff BASIL ALKIRE, plaintiff JEROME K. ALKIRE, plaintiff LEROY J. AMES, plaintiff JAMES ANDERSON, plaintiff SIDNEY BAILEY SR., plaintiff BARB H. BAKER, plaintiff JAMES L. BAKER, plaintiff DELPHINE BAKER, plaintiff JEFFERSON B. BAKER, plaintiff KYLE BAKER, plaintiff CAROL T. BALLEW, plaintiff CHARLIE BEAR III, plaintiff LEONARD BEAR KING, plaintiff GEORGE BELL, plaintiff GEORGE B. BELL, plaintiff HARRY BENALLY, plaintiff CLARICE BENDER, plaintiff LEANN BENDER, plaintiff CHANNON D. BIGHORN, plaintiff ERNEST C. BIGHORN, plaintiff ROGER M. BIRD BEAR, plaintiff JAMES BIRDTAIL III, plaintiff THOMAS BLACK HAWK, plaintiff GABE E. BLACK MOON SR., plaintiff RONALD C. BROWNOTTER, plaintiff KOTY BRUGH, plaintiff ROBIN BURRITT, plaintiff MARGARETT CAMPBELL, plaintiff MAUREEN E. CARSON, plaintiff THERESA CHARGING, plaintiff GEORGE DUANE CHARGING, plaintiff STANLEY CHARGING, plaintiff KENNETH CHARGING SR., plaintiff BRENT LONG CHASE, plaintiff CHARLES CLAMPITT, plaintiff CLAY CHARLES CLAYMORE, plaintiff MIKE CLAYMORE, plaintiff SAMUEL CLAYMORE JR., plaintiff LEONARD M. COOK, plaintiff MARVIN COTA, plaintiff GLEN CUDMORE, plaintiff CLAYTON DANKS, plaintiff CURTIS DANKS, plaintiff CYNTHIA F. DANKS, plaintiff LYLE C. DANKS, plaintiff RHONDA J. DANKS, plaintiff RICHARD DANKS, plaintiff EDWARD S. DANKS JR., plaintiff EDWARD S. DANKS SR., plaintiff ADELINA DEFENDER, plaintiff PALMER DEFENDER, plaintiff STEVE DEFENDER, plaintiff LOUIS DUBRAY, plaintiff ALLEN DUCHENEAUX, plaintiff DARREN C. DUCHENEAUX, plaintiff ED DUCHENEAUX, plaintiff ERNEST LYLE DUCHENEAUX, plaintiff FRANK DUCHENEAUX, plaintiff JESS DUCHENEAUX, plaintiff LARRY DUCHENEAUX, plaintiff LILLIAN LYNN DUCHENEAUX, plaintiff MAYNARD J. DUCHENEAUX, plaintiff MELVIN R. DUCHENEAUX, plaintiff RICHARD R. DUCHENEAUX, plaintiff ROMAN DUCHENEAUX, plaintiff RONNIE DUCHENEAUX, plaintiff THOMAS DUCHENEAUX, plaintiff DWAYNE J. EAGLE, plaintiff BEVIN CIRCLE EAGLE JR., plaintiff MARSHA ELK, plaintiff JERRY ROBERT FARLEE, plaintiff EDWARD J. FILESTEEL, plaintiff GLORIA FISCHER, plaintiff MELISSA R. FISCHER, plaintiff TERRANCE FISCHE, plaintiff THOMAS W. FISCHER, plaintiff JOHN LUKE FLYINGHORSE SR., plaintiff ADRIAN FOOT SR., plaintiff ANTHONY B. FOX, plaintiff GLEN CHARLES FOX JR., plaintiff EDWARD C. FOX, plaintiff PAULA DANKS, plaintiff BILLY J. FREDERICKS, plaintiff ELMER FREDERICKS, plaintiff JUDY FREDERICKS, plaintiff JUSTIN FREDERICKS, plaintiff LOREN FREDERICKS, plaintiff PAT FREDERICKS, plaintiff PAUL J. FREDERICKS, plaintiff PETE E. FREDERICKS, plaintiff TERRANCE E. FREDERICKS, plaintiff KENNETH L. FREDERICKS JR., plaintiff ROMEY A. GARREAU, plaintiff JAMES J. GARRETT, plaintiff ZANE GIPP, plaintiff JOE GOOD ELK, plaintiff KAY GULLICKSON, plaintiff PHYLLIS GUNVILLE, plaintiff ROMAN GUNVILLE, plaintiff WILLIAM WARD GUNVILLE, plaintiff CASEY ED HALL, plaintiff ESTHER M. HALL, plaintiff ETHAN HALL, plaintiff LELAND HALL, plaintiff MERVEL HALL, plaintiff TODD HALL, plaintiff CATHERINE HALVER, plaintiff DAVID J. HANLEY SR., plaintiff ALECIA HANSON, plaintiff HENRY G. HARRISON, plaintiff JAMES E. HARRISON, plaintiff JOE HARRISON, plaintiff LENORA HARRISON, plaintiff DAVID D. HARRISON SR., plaintiff DAVID HAWLEY, plaintiff DAVID J. HAWLEY JR., plaintiff EDGAR HEART, plaintiff DORA HELGESON, plaintiff GENE HELGESON, plaintiff KENNETH HELGESON, plaintiff RAY HELGESON, plaintiff DANILE HENRY, plaintiff FRANK HENRY, plaintiff DENNIS HUBER, plaintiff MICHAEL HUBER, plaintiff MARGIE HUNTS ALONG, plaintiff EDWARD S. IRON, plaintiff DEIDRE L. IRON CLOUD, plaintiff FAITH IRON CLOUD, plaintiff RALPH K. IRON JR., plaintiff JOHN L. JAMES, plaintiff RAYMOND JETTY JR., plaintiff JAMES G. JOHNSON, plaintiff MARCIE KAHL, plaintiff WADE KEEPSEAGLE, plaintiff ADELLA J. KILLS PRETTY ENEMY, plaintiff TED KNIFE SR., plaintiff EDITH P. KNIGHT, plaintiff STORMY KOSEL, plaintiff BARBARA LANDE, plaintiff JEANNE R. LANDE, plaintiff PAUL A. LANDE JR., plaintiff PAUL A. LANDE SR., plaintiff ROSS LAWRENCE, plaintiff DAISY LECOMPTE, plaintiff NICK LEINGANG JR., plaintiff ARBY LITTLE SOLDIER, plaintiff COBY LITTLE SOLDIER, plaintiff DALE LITTLE SOLDIER, plaintiff NATHAN F. LITTLE SOLDIER, plaintiff ROSELLA LITTLE SOLDIER, plaintiff NEWLYN LITTLE SWALLOW, plaintiff ERNEST LIZOTTE, plaintiff RONNIE LONG, plaintiff RICHARD ANTHONY LONG FEATHER, plaintiff ADAM T. MANDAN, plaintiff KEITH MANDAN, plaintiff FLORENCE MATTE, plaintiff WARREN MATTE SR., plaintiff KEN MAXON, plaintiff WAYNE E. MAXON, plaintiff DONALD MCGHEE, plaintiff PATT MCLAUGHLIN, plaintiff FAY A. MOBERG, plaintiff CELINA Y.B. MOSSETT, plaintiff WILLIAM T. MULLENBERG, plaintiff JOAN M. NETTERVILLE, plaintiff KURT P. NETTERVILLE, plaintiff SAMUEL J. NETTERVILLE, plaintiff DELLA NO HEART, plaintiff GEORGIE H. PARENTEAU, plaintiff WILLIAM P. PEASE, plaintiff DONNA RAE PETERSEN, plaintiff JAMES D. PICOTTE, plaintiff JOHN J. RABBITHEAD JR., plaintiff MICHAEL REDSTONE, plaintiff ROSELYN SAND, plaintiff DARREL H. SMITH, plaintiff DUANE A. SMITH, plaintiff FARRELL SMITH, plaintiff HOWARD B. SMITH, plaintiff RODNEY J. SMITH, plaintiff TERRY M. SMITH, plaintiff TOM SMITH, plaintiff VINA SMITH, plaintiff WILLIAM SMITH, plaintiff ROBERT DARREL SMITH III, plaintiff ROBERT D. SMITH JR., plaintiff GLASCO R. SPRIGGS, plaintiff DOUG STANGEL, plaintiff PHILOMENA STONE, plaintiff RICHARD P. STONE, plaintiff FRANK D. THOMPSON, plaintiff LLOYD THOMPSON SR., plaintiff SAMANTHA THUNDERHAWK, plaintiff ALBERT R. TWO BEARS, plaintiff KAROL TWO BEARS, plaintiff G. PATTY VALANDRA, plaintiff ARNOLD WALKER, plaintiff MARTIN WALKER, plaintiff CLIFF WALKING ELK, plaintiff SCOTT WALTERS, plaintiff LORETTA WALTON, plaintiff PATRICK WALTON, plaintiff STEPHEN WALTON, plaintiff T. ED WALTON, plaintiff MARLENE WHIPPLE, plaintiff STANLEY WHIPPLE, plaintiff RICHARD A. WHITE, plaintiff FRANK WHITECALFE, plaintiff LARRY D. WHITEMAN, plaintiff LYMAN M. YOUNG (bm) (Entered: 12/01/1999)

Nov. 24, 1999 PACER

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

Nov. 24, 1999 PACER
2

AMENDED COMPLAINT by plaintiffs amending complaint [1-1] . (tw) (Entered: 01/14/2000)

Jan. 13, 2000 PACER
3

ANSWER TO COMPLAINT [1-1] by federal defendant DAN GLICKMAN . (bjsp) (Entered: 01/27/2000)

Jan. 24, 2000 PACER
4

MOTION filed by plaintiffs requesting assignment to a US Magistrate Judge and oral argument requested (cjp) (Entered: 02/02/2000)

Feb. 1, 2000 PACER
5

OBJECTIONS by federal defendant DAN GLICKMAN to plaintiffs' related case designation and assignment of this action as a related case (bjsp) (Entered: 02/04/2000)

Feb. 3, 2000 PACER
6

OBJECTIONS by federal defendant DAN GLICKMAN to plaintiffs' motion requesting assignment to a US Magistrate Judge (bjsp) (Entered: 02/04/2000)

Feb. 3, 2000 PACER
7

REPLY by plaintiff to objection of defendant to motion requesting assignment to a US Magistrate Judge and oral argument requested [4-1] by plaintiffs (bjsp) (Entered: 02/15/2000)

Feb. 14, 2000 PACER
10

MOTION filed by federal defendant DAN GLICKMAN for leave to file sur reply EXHIBIT (sur reply) (bjsp) (Entered: 02/22/2000)

Feb. 17, 2000 PACER
8

ORDER by Judge Paul L. Friedman : denying motion requesting assignment to a U.S. Magistrate Judge and oral argument requested [4-1] by plaintiffs (N) (bm) (Entered: 02/22/2000)

Feb. 22, 2000 PACER
9

ORDER by Judge Paul L. Friedman: granting defendant's motion for leave to file sur-reply; directing the Clerk to file defendant's sur-reply to plaintiffs' reply to objection to related case designation and assignment of this action as a related case. (N) (bm) (Entered: 02/22/2000)

Feb. 22, 2000 PACER
11

SURREPLY by federal defendant DAN GLICKMAN to plaintiffs' reply to objections of defendant to plaintiffs' related case designation and assignment of this action as a related case (bjsp) (Entered: 02/22/2000)

Feb. 22, 2000 PACER
12

NOTICE OF FILING by plaintiffs to the Court RE: notice of intention to file motion for class certification (bjsp) (Entered: 03/02/2000)

March 1, 2000 PACER
13

MOTION filed by ALL PLAINTIFFS for leave to file second amended class action complaint ; EXHIBIT (SECOND AMENDED COMPLAINT) (tth) (Entered: 03/14/2000)

March 13, 2000 PACER
14

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for leave to file second amended class action complaint [13-1] by ALL PLAINTIFFS . (bjsp) (Entered: 03/21/2000)

March 20, 2000 PACER
15

RESPONSE by federal defendant DAN GLICKMAN to notice of intention to file motion for class certification by plaintiffs (bjsp) (Entered: 04/06/2000)

April 5, 2000 PACER
16

MOTION filed by plaintiff for leave to file amended complaint ; EXHIBIT (complaint) (jf) (Entered: 04/11/2000)

April 10, 2000 PACER
17

MOTION filed by plaintiffs' to certification of class ; EXHIBIT (1) (jf) (Entered: 04/11/2000)

April 10, 2000 PACER
18

MOTION filed by federal defendant DAN GLICKMAN to stay proceedings pending ruling on case assignment EXHIBIT(opposition) (bjsp) (Entered: 04/14/2000)

April 13, 2000 PACER
19

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to extend time to 5/19/00 to respond to plaintiffs' motion for certification of class (glb) (Entered: 04/14/2000)

April 13, 2000 PACER
68

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for leave to file amended complaint [16-1] by plaintiffs. (tb) (Entered: 11/04/2000)

April 13, 2000 PACER
20

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/19/00 to respond to plaintiffs' motion for certification of class [19-1] by DAN GLICKMAN; response to motion for certification of class due by 5/19/00 (N) (bm) (Entered: 04/18/2000)

April 14, 2000 PACER
21

RESPONSE by ALL PLAINTIFFS to defendant's motion to stay proceedings pending ruling on case assignment [18-1]; exhibit (1) (tw) Modified on 04/25/2000 (Entered: 04/25/2000)

April 24, 2000 PACER
22

RESPONSE by federal defendant DAN GLICKMAN to plaintiffs' reply to defendant's motion to stay proceedings pending ruling on case assignment [18-1]. (tw) (Entered: 05/02/2000)

May 1, 2000 PACER
23

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to extend time to 5/24/00 to respond to plaintiff's motion for certification of class (tb) (Entered: 05/22/2000)

May 19, 2000 PACER
24

ORDER by Judge Paul L. Friedman : granting motion to extend time to 5/24/00 to respond to plaintiff's motion for certification of class [23-1] by DAN GLICKMAN; response to motion due by 5/24/00 (N) (bm) (Entered: 05/22/2000)

May 22, 2000 PACER
25

MOTION filed by federal defendant DAN GLICKMAN to extend time to 5/25/00 within which to respond to plaintiffs' motion for certification of class. (tw) (Entered: 05/26/2000)

May 24, 2000 PACER
26

MOTION filed by federal defendant DAN GLICKMAN to file excess pages limitation imposed by LCvR 7.1(e) which otherwise would apply to defendant's forthcoming response to plaintiffs' motion for certification of class. (tw) (Entered: 05/26/2000)

May 24, 2000 PACER
31

RESPONSE (OPPOSITIONS) (nunc pro tunc) by federal defendant DAN GLICKMAN opposition to plaintiffs' to motion to certification of class [17-1]; attachments (10) (tw) (Entered: 06/08/2000)

May 25, 2000 PACER
27

ORDER by Judge Paul L. Friedman : granting motion to extend time to nunc pro tunc 5/25/00 within which to respond to plaintiffs' motion for certification of class. [25-1] by GLICKMAN (N) (jwd) (Entered: 05/30/2000)

May 30, 2000 PACER
28

MEMORANDUM OPINON AND ORDER by Judge Paul L. Friedman: transferring this case to the calendar committee for random reassignment. (N) (bm) (Entered: 06/06/2000)

June 5, 2000 PACER
29

ORDER by Judge William B. Bryant : granting motion to file excess pages limitation imposed by LCvR 7.1(e) which otherwise would apply to defendant's forthcoming response to plaintiffs' motion for certification of class. [26-1] by DAN GLICKMAN (N) (jaw) (Entered: 06/07/2000)

June 6, 2000 PACER
30

MOTION (consent) filed by plaintiff ALL PLAINTIFFS to extend time to 6/30/00 to respond to defendant's opposition to plaintiffs' motion for class certification. (tw) (Entered: 06/07/2000)

June 6, 2000 PACER

CASE REASSIGNED from Judge Friedman on 6/6/00 to Judge William B. Bryant (bjsp)

June 6, 2000 PACER
32

ORDER by Judge William B. Bryant : granting motion to extend time to 6/30/00 to respond to defendant's opposition to plaintiffs' motion for class certification. [30-1] by ALL PLAINTIFFS; reply due by 6/30/00 (N) (jaw) (Entered: 06/08/2000)

June 8, 2000 PACER
33

MOTION (CONSENT) filed by plaintiff to extend time to 7/31/00 to respond to defendant's opposition to plaintiffs' motion for class certification (bjsp) (Entered: 06/30/2000)

June 29, 2000 PACER
34

ORDER by Judge William B. Bryant : granting motion to extend time to 7/31/00 to respond to defendant's opposition to plaintiffs' motion for class certification [33-1] by GEORGE B. KEEPSEAGLE; response due by 7/31/00 (N) (jaw) (Entered: 07/05/2000)

July 5, 2000 PACER
35

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to file excess pages limitation EXHIBIT (MOTION FOR JUDGMENT ON THE PLEADINGS) (bjsp) (Entered: 07/20/2000)

July 19, 2000 PACER
36

ORDER by Judge William B. Bryant : granting motion to file excess pages limitation [35-1] by DAN GLICKMAN (N) (jaw) (Entered: 07/21/2000)

July 21, 2000 PACER
39

MOTION filed by federal defendant DAN GLICKMAN for judgment on the pleadings or in the alternative for summary judgment ; exhibits (11) (bjsp) (Entered: 08/02/2000)

July 22, 2000 PACER
37

MOTION (CONSENT) filed by ALL PLAINTIFFS for extension of time to 8/31/00 to respond to defendant's motion for judgment on the pleading, or in the alternative, for summary judgment (gdf) (Entered: 08/01/2000)

July 31, 2000 PACER
38

MOTION filed by ALL PLAINTIFFS to extend time to 8/25/00 to reply to defendant's opposition to plaintiffs' motion for class certification (bm) (Entered: 08/02/2000)

July 31, 2000 PACER
40

MOTION (CONSENT) filed by plaintiff to file excess pages limitation EXHIBIT ( plaintiffs reply) (bjsp) (Entered: 08/28/2000)

Aug. 25, 2000 PACER
41

MOTION filed by plaintiff for temporary restraining order ; exhibits (3) (tb) (Entered: 08/30/2000)

Aug. 30, 2000 PACER
44

ORDER by Judge William B. Bryant : granting motion to file excess pages limitation [40-1] by GEORGE B. KEEPSEAGLE (N) (tb) (Entered: 08/31/2000)

Aug. 30, 2000 PACER
49

MOTION filed by plaintiff for preliminary injunction ; exhibits (3) (jf) (Entered: 09/02/2000)

Aug. 30, 2000 PACER
42

ORDER by Judge William B. Bryant : denying motion for temporary restraining order [41-1] by plaintiffs (N) (tb) (Entered: 08/31/2000)

Aug. 31, 2000 PACER
43

ORDER by Judge William B. Bryant : granting motion for extension of time to respond to defendant's motion for judgment on the pleading, or in the alternative, for summary judgment [37-1] by ALL PLAINTIFFS; response to motion for summary judgment due 9/22/00 (N) (tb) (Entered: 08/31/2000)

Aug. 31, 2000 PACER
45

ATTORNEY APPEARANCE for federal defendant DAN GLICKMAN by Jean Lin (tb) (Entered: 08/31/2000)

Aug. 31, 2000 PACER
46

RESPONSE (OPPOSITIONS) by federal defendant DAN GLICKMAN to motion for temporary restraining order [41-1] by plaintiffs'; exhibits (4) (jf) (Entered: 09/01/2000)

Aug. 31, 2000 PACER
47

MOTION filed by plaintiff for GREG KIRSCHNER to appear pro hac vice ( CONLON, FRANTZ PHELAN & PIRES,1818 N Street, NW SUITE 700,WASHINGTON,DC 20036 (202) 331 7050; attachment (bjsp) (Entered: 09/01/2000)

Aug. 31, 2000 PACER
48

MOTION (CONSENT) filed by plaintiff to extend time to 9/22/00 to respond to defendant's motion for judgment on the pleadings or in the alternative, for summary judgment (jf) (Entered: 09/02/2000)

Aug. 31, 2000 PACER
52

REPLY by plaintiffs to defendant's opposition to motion to certification of class [17-1] by plaintiffs; exhibits (19) (bjsp) (Entered: 09/05/2000)

Aug. 31, 2000 PACER
53

ATTORNEY APPEARANCE for plaintiff ALL PLAINTIFFS by David Joseph Frantz (bjsp) (Entered: 09/06/2000)

Aug. 31, 2000 PACER
50

ORDER by Judge William B. Bryant : granting motion for GREG KIRSCHNER to appear pro hac vice ( CONLON, FRANTZ PHELAN & PIRES,1818 N Street, NW SUITE 700,WASHINGTON,DC 20036 (202) 331 7050; attachment [47-1] by GEORGE B. KEEPSEAGLE (N) (tb) (Entered: 09/04/2000)

Sept. 1, 2000 PACER
51

ORDER by Judge William B. Bryant : granting praecipe for the appareance of David J. Frantz (N) (tb) (Entered: 09/04/2000)

Sept. 1, 2000 PACER
64

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for preliminary injunction [49-1] by plaintiffs. (tb) (Entered: 10/26/2000)

Sept. 11, 2000 PACER
54

ORDER by Judge William B. Bryant : granting motion to extend time to 9/22/00 to respond to defendant's motion for judgment on the pleadings or in the alternative, for summary judgment [48-1] by BASIL ALKIRE, GENE CADOTTE, JOHN FREDERICKS, LUTHER CRASCO, GEORGE B. KEEPSEAGLE; response to motion(s) due by 10/10/00; (N) (tb) (Entered: 09/25/2000)

Sept. 22, 2000 PACER
55

MOTION (CONSENT) filed by plaintiff to extend time to 10/10/00 to respond to defendant's motion for judgment on the pleadings or, in the alternative, for summary judgment (jf) (Entered: 09/25/2000)

Sept. 22, 2000 PACER
56

RESPONSE by plaintiff ALL PLAINTIFFS in opposition to motion for judgment on the pleadings or in the alternative for summary judgment [39-1] by DAN GLICKMAN .; declarations (3) (ag) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
57

MOTION (UNCONSENTED) filed by plaintiffs for leave to exceed page limitation NO EXHIBIT ATTACHED (bjsp) (Entered: 10/11/2000)

Oct. 10, 2000 PACER
58

MOTION filed ALL PLAINTIFFS for leave to file amended class action complaint ; EXHIBIT (AMENDED COMPLAINT) (ag) Modified on 10/13/2000 (Entered: 10/12/2000)

Oct. 11, 2000 PACER
59

MOTION filed by plaintiff ALL PLAINTIFFS for preliminary injunction and oral argument requested ; exhibits (1) (ag) Modified on 10/13/2000 (Entered: 10/12/2000)

Oct. 11, 2000 PACER
60

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to extend time to 11/7/00 within which to reply to plaintiffs' opposition to defendant's motion for judgment on the pleadings or in the alternative for summary judgment (bjsp) (Entered: 10/18/2000)

Oct. 16, 2000 PACER

ORDER by Judge William B. Bryant granting motion for leave to exceed page limitation [57-1] by GEORGE B. KEEPSEAGLE (fiat) (N) (tb)

Oct. 18, 2000 PACER
61

ORDER by Judge William B. Bryant : granting motion to extend time to 11/7/00 within which to reply to plaintiffs' opposition to defendant's motion for judgment on the pleadings or in the alternative for summary judgment [60-1] by DAN GLICKMAN reply to motion for summary judgment due by 11/7/00; (N) (tb) (Entered: 10/19/2000)

Oct. 18, 2000 PACER
62

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for preliminary injunction and oral argument requested [59-1] by ALL PLAINTIFFS . (ag) (Entered: 10/24/2000)

Oct. 23, 2000 PACER
63

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for leave to file amended class action complaint [58-1] by ALL PLAINTIFFS . (ag) (Entered: 10/26/2000)

Oct. 25, 2000 PACER
65

REPLY by plaintiff ALL PLAINTIFFS in support of their motion for leave to file amended class action complaint [58-1] (ag) Modified on 10/31/2000 (Entered: 10/30/2000)

Oct. 27, 2000 PACER
66

REPLY by ALL PLAINTIFFS in support of motion for preliminary injunction and oral argument requested [59-1] (ag) Modified on 10/31/2000 (Entered: 10/30/2000)

Oct. 27, 2000 PACER

MOTION HEARING before Judge William B. Bryant taken under advisement by plaintiffs motion for certification of class [17-1] motion hearing set for 2:30 12/18/00; Reporter: Gordon Slodysko (tb)

Oct. 31, 2000 PACER
67

SUMMARY by plaintiffs RE: the filing of plaintiffs' oral argument on certification of class (bjsp) (Entered: 11/01/2000)

Oct. 31, 2000 PACER
69

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to extend time to 11/21/00 to reply to plaintiff's opposition to defendant's motion for judgment on the pleadings, or in the alternative, for summary judgment (ag) (Entered: 11/08/2000)

Nov. 3, 2000 PACER
70

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for preliminary injunction and oral argument requested [59-1]. (ag) (Entered: 11/13/2000)

Nov. 9, 2000 PACER
71

MOTION filed by plaintiff ALL PLAINTIFFS for oral argument on plaintiff's first motion for preliminary injunction (ag) (Entered: 11/13/2000)

Nov. 9, 2000 PACER
72

ORDER by Judge William B. Bryant : granting motion to extend time to 11/21/00 to reply to plaintiff's opposition to defendant's motion for judgment on the pleadings, or in the alternative, for summary judgment [69-1] by DAN GLICKMAN reply to brief due by 11/21/00 ; (N) (tb) (Entered: 11/13/2000)

Nov. 13, 2000 PACER
74

REPLY by plaintiffs' to defendant's in opposition to motion for oral argument on plaintiff's first motion for preliminary injunction [71-1] (jf) (Entered: 11/22/2000)

Nov. 17, 2000 PACER
73

TRANSCRIPT filed for date(s) of 10/31/00. Reporter: Gordon A. Slodysko. (tth) (Entered: 11/21/2000)

Nov. 20, 2000 PACER
75

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to file excess pages limitation (ag) (Entered: 11/22/2000)

Nov. 21, 2000 PACER
76

MOTION filed by federal defendant DAN GLICKMAN to extend time to 11/28/00 to reply to plaintiff's opposition to defendant's motion for judgment on the pleadings, or, in the alternative, for summary judgment (ag) (Entered: 11/22/2000)

Nov. 21, 2000 PACER
77

ORDER by Judge William B. Bryant : granting motion to file excess pages limitation [75-1] by DAN GLICKMAN; the Clerk shall file defendant's reply to motion for judgment on the pleadings, or in the alternative for summary judgment (N) (tb) (Entered: 12/04/2000)

Nov. 28, 2000 PACER
78

REPLY by federal defendant DAN GLICKMAN to plaintiffs' opposition to defendant's motion for summary judgment on the pleadings, or, in the alternative, for summary judgment [56-1] by ALL PLAINTIFFS; attachment; (appendix with 9 exhibits) (cas) (Entered: 12/04/2000)

Nov. 28, 2000 PACER
79

TRANSCRIPT filed for date(s) of August 31, 2000. Reporter: Patricia J. Yerkes (jdm) (Entered: 12/06/2000)

Dec. 6, 2000 PACER

MOTION HEARING before Judge William B. Bryant Motion for Summary Judgment taken under advisement Reporter: Monica Mazzeo, Miller Reporting (bh)

Dec. 18, 2000 PACER
80

Notice of withdrawal by plaintiff to withdraw motion for preliminary injunction [49-1] (cas) Modified on 06/15/2001 (Entered: 12/20/2000)

Dec. 18, 2000 PACER
81

STATEMENT filed by ALL PLAINTIFFS, regarding: Summary of the Cases of the Lead Plaintiffs. (tth) (Entered: 12/26/2000)

Dec. 18, 2000 PACER
87

TRANSCRIPT filed for date(s) of 12/18/00. Reporter: Monica G. Mazzeo Miller Reporting Company, Inc. (cas) (Entered: 03/07/2001)

Jan. 9, 2001 PACER
82

MOTION (CONSENT) filed by plaintiff for leave to file recently discovered supplementa information regarding defendant's arguments in support of defendant's motion for judgment on the pleadings, or, in the alternative summary judgment ; exhibits (3) (cas) (Entered: 02/01/2001)

Jan. 29, 2001 PACER
83

ORDER by Judge William B. Bryant : granting motion for leave to file recently discovered supplementa information regarding defendant's arguments in support of defendant's motion for judgment on the pleadings, or, in the alternative summary judgment [82-1] by ALL PLAINTIFFS; defendant shall have 21 days to respond to plaintiff's submission (N) (tb) (Entered: 02/01/2001)

Jan. 30, 2001 PACER
84

ERRATA by ALL PLAINTIFFS; exhibits (8) (cas) (Entered: 02/02/2001)

Jan. 31, 2001 PACER
85

RESPONSE by federal defendant DAN GLICKMAN to plaintiffs consent motion for leave to file recently discovered supplemental information RE: defendants arguments in support of defendants motion for judgment on the pleadings or in the alternative for summary judgment (bjsp) (Entered: 02/28/2001)

Feb. 16, 2001 PACER
86

SURREPLY by plaintiff to motion to extend time to 11/28/00 to reply to plaintiff's opposition to defendant's motion for judgment on the pleadings, or, in the alternative, for summary judgment [76-1] by DAN GLICKMAN; exhibits (4); "Let this be filed" J. BRYANT (tb) Modified on 03/05/2001 (Entered: 03/05/2001)

March 2, 2001 PACER
89

REPLY by federal defendant ANN M. VENEMAN to plaintiffs opposition to motion for leave to file [88-1] by ANN M. VENEMAN ; exhibits (5) (bjsp) (Entered: 04/02/2001)

March 27, 2001 PACER
88

MOTION filed by federal defendant ANN M. VENEMAN for leave to file ; EXHIBIT (Supplemental Memorandum in support of defendant's opposition to plaintiffs' motion for certification of class) (cas) (Entered: 03/29/2001)

March 28, 2001 PACER
91

SUPPLEMENTAL MEMORANDUM by federal defendant ANN M. VENEMAN in support of defendant's opposition to plaintiff's motion certification of class [17-1] by plaintiffs'i; exhibits (7) (cas) (Entered: 04/04/2001)

March 30, 2001 PACER
90

ORDER by Judge William B. Bryant : granting motion for leave to file [88-1] by ANN M. VENEMAN; the Clerk shall file defendant's supplement memorandum (N) (tb) (Entered: 04/03/2001)

April 2, 2001 PACER
92

MOTION filed by plaintiff ALL PLAINTIFFS to strike defendant's opposition to plaintiff's reply to defendant's response to plaintiff's consent motion for leave to file recently discovered supplemental information regarding defendant's argument's in support of defendant's motion for judgment on the pleadings or, in the alternative, summary judgment (cas) (Entered: 04/09/2001)

April 5, 2001 PACER
93

RESPONSE by ALL PLAINTIFFS to motion for leave to file supplemental memorandum in supprt of defendant's opposition to plaintiff'S motion for certification of class [88-1] by ANN M. VENEMAN (cas) (Entered: 04/10/2001)

April 6, 2001 PACER
94

RESPONSE by federal defendant ANN M. VENEMAN in opposition to motion to strike defendant's opposition to plaintiff's reply to defendant's response to plaintiff's consent motion for leave to file recently discovered supplemental information regarding defendant's argument's in support of defendant's motion for judgment on the pleadings or, in the alternative, summary judgment [92-1] by ALL PLAINTIFFS . (cas) (Entered: 04/10/2001)

April 6, 2001 PACER
95

RESPONSE by federal defendant ANN M. VENEMAN in opposition to plaintiff's reply to defendant's response to plaintiff's consent motion for leave to file recently discovered supplemental information regarding defendant's motion for judgment on the pleadingsor, in the alternative, summary judgment [86-1] by ALL PLAINTIFFS (cas) (Entered: 04/10/2001)

April 6, 2001 PACER

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Nov. 24, 1999

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Native American farmers and ranchers who (1) framed or ranched between January 1, 1981, and November 24, 1999, (2) applied to the USDA for participation in a farm program during that time period, and (3) filed a discrimination complaint with the USDA individually or through a representative during the time period.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Agriculture, Federal

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $680,000,000

Order Duration: 2011 - 2018

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Preliminary relief denied

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native