Case: Garcia v. Vilsack

1:00-cv-02445 | U.S. District Court for the District of Columbia

Filed Date: Oct. 13, 2000

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 13, 2000, a group of Hispanic farmers and ranchers filed this lawsuit against the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the District of Columbia. Plaintiffs, represented by private counsel, alleged that the "USDA ha[d] maintained, and continue[d] to maintain, a system of administering its farm credit and non-credit benefit programs that gives virtually unfettered discretion to local officials to enforce highly subjective eligibility criteria that, in…

On October 13, 2000, a group of Hispanic farmers and ranchers filed this lawsuit against the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the District of Columbia. Plaintiffs, represented by private counsel, alleged that the "USDA ha[d] maintained, and continue[d] to maintain, a system of administering its farm credit and non-credit benefit programs that gives virtually unfettered discretion to local officials to enforce highly subjective eligibility criteria that, in turn, give vent to hostility to minority farmers which deprives them of an equal fair opportunity to participate in such programs." Some of the discriminatory practices that Plaintiffs complained of included: discouraging Hispanics from applying for loans, long delays in processing applications, high denial rates, prejudicial delays in providing loans and providing less amount than was requested, and failing to provide loan servicing assistance. Additionally, Plaintiffs claimed it was virtually impossible for them to secure redress through the USDA appeals process, because its Civil Rights Office was so severely limited by lack of funding and interest that there it was incapable of investigating discrimination claims. The statute of limitations for such claims had run, but Plaintiffs cited the Omnibus Consolidated Appropriations Act of 1999, 7 U.S.C. §2279, which waived the statute of limitations for such claims.

Plaintiffs filed under the Equal Credit Opportunity Act (ECOA), 15 U.S.C. §1691, the Declaratory Judgment Act, 28 U.S.C. §2201, and the Administrative Procedures Act (APA), 5 U.S.C. §§ 551 et seq., requesting the following relief: (1) declaratory judgment that the practices, policies, patterns and procedures described above were unlawful, (2) a permanent injunction requiring USDA to adopt lending practice in conformity with ECOA and the APA, (3) a permanent injunction prohibiting USDA from engaging in discrimination in the administration of their loan programs and services, (4) an order mandating USDA to remedy its discriminatory practices by taking affirmative action to advertise to Hispanics, adopt a receipt system for all contacts with potential lendees, provide full and equal assistance to all farmers, provide Spanish versions of all application and explanation paperwork, employ fluent Spanish speakers, provide expedited review via independent mediators, and provide semi-annual reports to the Department Secretary, (5) redesign the computerized data collection system in order to ensure that full transparency is achieved, and (6) compensatory damages to deserving plaintiffs.

On December 22, 2000, the U.S. moved to dismiss all claims in Plaintiffs' complaint. On March 20, 2002, District Court Judge James Robertson granted in part and denied in part the motion to dismiss, dismissing the failure to investigate counts because, he found, they did not state a claim under ECOA or the APA. 2002 WL 33004124 (D.D.C. 2002).

On December 22, 2000, Plaintiffs moved to certify the class. This proposed class was described as: "Hispanics who farmed or ranched, or attempted to farm or ranch, during the period January 1, 1981, to the present and who were discriminated against by the USDA on the basis of national origin when they sought to participate on equal terms in farm loan and disaster benefit programs and who complained to the USDA about such discrimination." Subclasses were also proposed, defined by the phase of lending process in which the discrimination took place. Judge Robertson denied this motion on December 2, 2002, holding that the Plaintiffs had failed to demonstrate a common question of law or fact. 211 F.R.D. 15 (D.D.C. 2002). Plaintiffs entered a renewed motion for class certification, attempting to remedy the commonality issue. However, Judge Robertson denied the renewed motion on September 10, 2004, stating that claims still lacked sufficient commonality. 224 F.R.D. 8 (D.D.C. 2004). Plaintiffs appealed this decision and the March 20, 2002 dismissal order to the U.S. Court of Appeals for the District of Columbia Circuit.

On March 31, 2006, the U.S. Court of Appeals (Judge Karen L. Henderson) affirmed the District Court's denial of class certification and dismissal of the ECOA failure-to-investigate claim. 444 F.3d 625 (D.C. Cir. 2006). However, the Court of Appeals dismissed the appeal regarding the APA failure-to-investigate claim, remanding to the District Court to investigate the claim further.

Meanwhile, Plaintiffs had sought a temporary restraining order on March 23, 2001, but on March 27, 2001, District Court Judge Louis F. Oberdorfer denied the motion. Plaintiffs then entered an emergency motion for preliminary injunction to the District Court on November 1, 2004, asking the court to order Defendant to adhere to the USDA policy that prohibits adverse actions against farmers who have filed civil rights complaints. However, Judge Robertson denied this motion on November 18, 2004, ruling that foreclosures were not necessarily prohibited by the policy.

Plaintiffs filed their third amended complain on June 30, 2006.

On November 30, 2007, Judge Robertson, after reconsidering the APA failure-to-investigate claim, dismissed the claim, citing his reasoning in a similar opinion in Love v. Vilsack (see 525 F. Supp. 2d 155). Plaintiffs appealed this decision again to the Court of Appeals. On April 24, 2009, the Court of Appeals (Judge Judith W. Rogers) affirmed the District Court dismissal of the APA claim. 563 F.3d 519 (D.C. Cir. 2009). Plaintiffs petitioned the U.S. Supreme Court for a writ of certiorari, but it was denied on January 19, 2010. 558 U.S. 1158 (2010).

In late September 2010, the defendants, seemingly without the support of the plaintiffs, submitted a proposed settlement agreement. On October 6, the Plaintiffs moved for settlement class certification, arguing that the Defendants were attempting to settle the case while preventing the Plaintiffs from the protection of Rule 23 (governing class actions and class settlement). On October 20, 2010, District Court Judge Reggie B. Walton denied the Plaintiffs' motion.

The proposed settlement agreement appeared to go no further. For the next several months, little happened in the case, although the parties presented status reports to the judge regularly.

On January 20, 2012, Defendant submitted its eighth status report, which included the latest proposed settlement agreement framework. The proposal created three tracks of payment claims: Tier 2 ($50,000 reward, requires "substantial evidence" of discrimination), Tier 1(a) ($50,000 reward and debt relief, requires substantial evidence of discrimination), and Tier 1(b) (up to $250,000 reward, required a preponderance of the evidence of discrimination). Plaintiffs complained, however, that this framework lacked the "procedural safeguards" that had existed in similar settlements such as Pigford v. Glickman and Keepseagle v. Vilsack.

On April 4, 2013, the Black Farmers and Agriculturalists Association, Inc., which had been removed as a party by the District Court in In re Black Farmers Discrimination Litigation, moved to intervene in this matter. Both parties opposed this motion. The motion was denied.

In 2014, all but 4 named plaintiffs agreed to participate in an alternative dispute resolution program (ADR). The plaintiffs that elected to participate dismissed their claims with prejudice.

On September 18, 2014 two of the remaining plaintiffs filed motions to sever their claims and for leave to file an amended complaint, and a third plaintiff filed a motion to dismiss without prejudice. These motions were granted. The new docket number was 2:15-cv-00116. On September 2, 2016 this case was dismissed.

On February 16, 2016 the remaining named plaintiff's case was severed and transferred to the Eastern District of California. The new docket number was 1:16-cv-00282. On December 6, 2017 this case was dismissed for lack of standing.

This case is now closed.

Summary Authors

Dan Osher (6/29/2013)

Anna Brito (11/1/2018)

Related Cases

Love v. Vilsack, District of Columbia (2000)

Cantu v. United States, District of Columbia (2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5098060/parties/garcia-v-veneman/


Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Robertson, James (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Feinberg, Adam P (District of Columbia)

Ferguson, Laura G (District of Columbia)

Fraas, Philip L (District of Columbia)

Hibey, Alexander John (District of Columbia)

Hill, Stephen S (District of Columbia)

Pires, Alexander John Jr. (District of Columbia)

Judge(s)

Henderson, Karen LeCraft (District of Columbia)

Robertson, James (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Feinberg, Adam P (District of Columbia)

Ferguson, Laura G (District of Columbia)

Fraas, Philip L (District of Columbia)

Hibey, Alexander John (District of Columbia)

Hill, Stephen S (District of Columbia)

Pires, Alexander John Jr. (District of Columbia)

Ruyak, Robert F. (District of Columbia)

Wiseman, Alan M. (District of Columbia)

Attorneys(s) for Defendant

Bhattacharyya, Rupa (District of Columbia)

Bucholtz, Jeffrey S. (District of Columbia)

Cohen, Vincent H. (District of Columbia)

Goitein, Elizabeth (District of Columbia)

Howard, Roscoe (District of Columbia)

Keisler, Peter D. (District of Columbia)

Lin, Jean (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Olson, Lisa A (District of Columbia)

Sitcov, Michael (District of Columbia)

Taylor, Jeff (District of Columbia)

Other Attorney(s)

Edwards, Christal E (Maryland)

Robinson, Paul A Jr. (Tennessee)

Documents in the Clearinghouse

Document

1:00-cv-02445

Docket [PACER]

Garcia v. Veneman

March 21, 2016

March 21, 2016

Docket
47

1:00-cv-02445

Memorandum Order

Garcia v. Veneman

2002 WL 33004124

March 20, 2002

March 20, 2002

Order/Opinion
76

1:00-cv-02445

Memorandum

Garcia v. Veneman

211 F.R.D. 15

Dec. 2, 2002

Dec. 2, 2002

Order/Opinion
132

1:00-cv-02445

Memorandum Order Denying Class Certification

Garcia v. Veneman

224 F.R.D. 8, 2004 WL 2050120

Sept. 10, 2004

Sept. 10, 2004

Order/Opinion
959599

04-05448

Opinion

Garcia v. Johanns

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

444 F.3d 625

March 31, 2006

March 31, 2006

Order/Opinion
144

1:00-cv-02445

Third Amended Class Action Complaint

Garcia v. Johanns

June 30, 2006

June 30, 2006

Complaint
151

1:00-cv-02445

Defendant's Opposition to Plaintiffs' Request for Administrative Procedure Act Review

Garcia v. Johanns

Sept. 27, 2006

Sept. 27, 2006

Pleading / Motion / Brief
162-1

1:00-cv-02445

Defendant's Partial Opposition to Emergency Motion to Continue Order Staying Proceeding or, in the Alternative, to Issue a New Stay of Proceedings Nunc Pro Tunc to November 30, 2007 Until Further Order of the Court

Garcia v. Johanns

Dec. 5, 2007

Dec. 5, 2007

Pleading / Motion / Brief
168

1:00-cv-02445

Order

Garcia v. Veneman

Jan. 16, 2008

Jan. 16, 2008

Order/Opinion
1177401

08-05110

Opinion

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

563 F.3d 519

April 24, 2009

April 24, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5098060/garcia-v-veneman/

Last updated Aug. 2, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by plaintiff GUADALUPE L. GARCIA, plaintiff TONY JIMINEZ, plaintiff PATRICIA JIMINEZ, plaintiff MR. X, plaintiff MRS. X (kmk) (Entered: 10/26/2000)

Oct. 13, 2000

Oct. 13, 2000

PACER

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

Oct. 13, 2000

Oct. 13, 2000

PACER
2

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to extend time to 12/22/00 in which to answer or otherwise respond to plaintiff's Class Action Complaint. (cas) (Entered: 12/07/2000)

Dec. 6, 2000

Dec. 6, 2000

PACER
3

ORDER by Judge Louis F. Oberdorfer : granting motion to extend time to 12/22/00 in which to answer or otherwise respond to plaintiff's Class Action Complaint. [2-1] by DAN GLICKMAN (N) (rew) (Entered: 12/08/2000)

Dec. 8, 2000

Dec. 8, 2000

PACER
4

AMENDED COMPLAINT by plaintiff adding plaintiff GLORIA MORALEZ, BEATRICE GARZA, RODOLFO GARZA, LARRY CHAVARRIA, ROBERT CHAVARRIA, YSIDORO F. MENDOZA, ALBERTO A. ACOSTA, JIMMY ALVAREZ, ELIZABETH ALVAREZ, DAVID FLORES, PATRICK R. FLORES, GILBERT A. GARCIA, F. RICHARD LLANEZ, EDWARDO R. LOPEZ, ISMAEL O. MEDINA, SONJA MEYERS, ROBERT ORTEGA JR., EDWARD W. PROVENCIO, GEORGE L. PROVENCIO, ALEX CONTRERAS, JOE CONTRERAS, LOUIS CONTRERAS, HECTOR T. FLORES, JUAN J. FLORES, ALBERTO M. ORTEGA, RENE ORTEGA, RUPERTO R. RODRIGUEZ, ERASMO VALDEZ, DIONICIO VALDEZZ II, ARTURO VASQUEZ, RODOLFO VASQUEZ, DAVID L. HINJOSA SR., and amending complaint [1-1]; Exhibits (5). (tth) (Entered: 12/15/2000)

Dec. 12, 2000

Dec. 12, 2000

PACER
5

MOTION filed by federal defendant DAN GLICKMAN to dismiss amended complaint complaint [4-1], and to strike class action allegations (ag) (Entered: 12/27/2000)

Dec. 22, 2000

Dec. 22, 2000

PACER
7

MOTION (CONSENT) filed by plaintiffs to extend time to 2/5/01 to respond to defendant's motion to dismiss and to strike class action allegations (cas) (Entered: 01/05/2001)

Jan. 4, 2001

Jan. 4, 2001

6

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN to file excess pages limitation ; EXHIBIT (Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss and to Strike Class Action Allegations) (ag) (Entered: 12/27/2000)

Dec. 22, 2000

Dec. 22, 2000

PACER
8

ORDER by Judge Louis F. Oberdorfer : granting motion to extend time to 2/5/01 to respond to defendant's motion to dismiss and to strike class action allegations [7−1] by plaintiffs; response to dispositive motions due by 2/5/01 ; (N) (jf) (Entered: 01/10/2001)

Jan. 9, 2001

Jan. 9, 2001

102

RESPONSE by plaintiff ALL PLAINTIFFS in opposition to motion to extend time to 10/14/03 to file a response to plaintiffs' motion to compel [101-1] by ANN V. VENEMAN .; exhibits (3) (bcs) (Entered: 10/03/2003)

Oct. 2, 2003

Oct. 2, 2003

PACER
113

Memorandum in opposition to motion re 108 leave to file third amended class action complaint filed by ANN V. VENEMAN. (Olson, Lisa) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
10

MOTION filed by plaintiff to extend time to 2/12/01 to move class certification (cas) (Entered: 01/11/2001)

Jan. 9, 2001

Jan. 9, 2001

9

RESPONSE by federal defendant DAN GLICKMAN to plaintiff's motion to extend time to 2/5/01 to respond to defendant's motion to dismiss and to strike class action allegations [7−1] by plaintiff's. (cas) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

114

RESPONSE to Plaintiffs' Dec. 5, 2003 Memorandum Regarding Commonality filed by ANN V. VENEMAN. (Attachments: # 1)(Olson, Lisa) (Entered: 01/16/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
115

ORDER granting plaintiffs' motion to compel 100 . Signed by Judge James Robertson on January 20, 2004. (MT) (Entered: 01/20/2004)

Jan. 20, 2004

Jan. 20, 2004

PACER
11

ORDER by Judge Louis F. Oberdorfer : Tele−conference set for 2:30 1/18/01 (N) (tb) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

116

REPLY to opposition to motion re 108 Plaintiffs' Reply to Defendant's Opposition to Motion For Leave to File a Third Amended Class Action Complaint filed by ALL PLAINTIFFS. (Hill, Stephen) (Entered: 01/26/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
12

ORDER by Judge Louis F. Oberdorfer : granting motion to extend time to 2/12/01 to move class certification [10−1] by plaintiffs; pending telephone conference set for 01/18/01 at 2:30 (N) (tb) (Entered: 01/11/2001)

Jan. 10, 2001

Jan. 10, 2001

117

REPLY Plaintiffs' Reply to Defendant's Opposition to Class Certification and Response to Plaintiffs' December 5, 2003 Memorandum Regarding Commonality by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1-4)(Hill, Stephen) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
13

ORDER by Judge Louis F. Oberdorfer : Tele−conference set for 10:00 1/23/01 (N) (tb) (Entered: 01/18/2001)

Jan. 17, 2001

Jan. 17, 2001

118

ENTERED IN ERROR.....MEMORANDUM of Points and Authority in Support of Plaintiffs' Motion for Expenses. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Hill, Stephen) Modified on 2/6/2004 (bcs, ). (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

PACER
14

ORDER by Judge Louis F. Oberdorfer; briefing on plaintiffs' motion for class certification is stayed pending resolution of defendant's motion to dismiss and to strike class allegations; class discovery shall commence one week after court's ruling on defendant's pending motion, parties shall submit a proposed schedule for briefing on class cerification within 10 days after ruling : (N) (tb) (Entered: 01/24/2001)

Jan. 23, 2001

Jan. 23, 2001

16

MOTION filed by plaintiff for leave to file to file second amend class action complaint ; EXHIBIT (SECOND AMENDED CLASS ACTION COMPLAINT (cas) Modified on 01/15/2002 (Entered: 02/08/2001)

Feb. 6, 2001

Feb. 6, 2001

119

MOTION for Attorney Fees Plaintiffs' Corrected Motion for Expenses with Memorandum of Points and Authorities in Support Thereof by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Hill, Stephen) Modified on 2/6/2004 (bcs, ). Modified on 2/6/2004 (bcs, ). (Entered: 02/04/2004)

Feb. 4, 2004

Feb. 4, 2004

PACER
120

NOTICE by ANN V. VENEMAN Notice of Filing of Supplemental Declaration in Support of Defendant's Opposition to Plaintiffs' Motion to Compel (Attachments: # 1)(Olson, Lisa) (Entered: 02/06/2004)

Feb. 6, 2004

Feb. 6, 2004

PACER
17

MOTION filed by federal defendant DAN GLICKMAN to extend time to 2/28/01 within which to reply to Plaintiff's Opposition to Defendant's Motion to Dismiss and to Strike Class Action Allegations (cas) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

19

MOTION filed by plaintiff for leave to file second amended class action complaint ; EXHIBIT (amended complaint) (jf) (Entered: 02/15/2001)

Feb. 8, 2001

Feb. 8, 2001

121

First MOTION for Extension of Time to File Response/Reply Unopposed Motion for a One-Week Extension of Time to Respond to Plaintiffs' Motion for Expenses by ANN V. VENEMAN. (Olson, Lisa) (Entered: 02/12/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
20

ERRATA by plaintiff to motion for leave to file second amended class action complaint; EXHIBIT (second amended complaint) (jf) (Entered: 02/15/2001)

Feb. 8, 2001

Feb. 8, 2001

122

ORDER granting 121 Motion for Extension of Time to File Response/Reply re 119 MOTION for Attorney Fees. Signed by Judge James Robertson on 02/17/04. (lcjr1, ) (Entered: 02/17/2004)

Feb. 17, 2004

Feb. 17, 2004

PACER
18

MOTION filed by plaintiff to certify class ; exhibits (4) (jf) (Entered: 02/15/2001)

Feb. 12, 2001

Feb. 12, 2001

123

ORDER re February 6, 2004 in camera inspection. Signed by Judge James Robertson on February 18, 2004. (MT) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

PACER
26

RESPONSE by federal defendant DAN GLICKMAN in opposition to motion for leave to file second amended class action complaint [19−1] by MRS. X, MR. X, PATRICIA JIMINEZ, TONY JIMINEZ, GUADALUPE L. GARCIA . (bjsp) (Entered: 03/01/2001)

Feb. 16, 2001

Feb. 16, 2001

124

Memorandum in opposition to motion re 119 Defendant's Opposition to Plaintiffs' Motion for Expenses filed by ANN V. VENEMAN. (Olson, Lisa) (Entered: 02/25/2004)

Feb. 25, 2004

Feb. 25, 2004

PACER
21

MOTION filed by federal defendant ANN V. VENEMAN to strike motion to certify class [18−1] (jdm) (Entered: 02/21/2001)

Feb. 20, 2001

Feb. 20, 2001

125

REPLY to opposition to motion re 119 Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion for Expenses filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Affidavit of Stephen S. Hill# 2 Exhibit Privilege Log)(Hill, Stephen) (Entered: 03/03/2004)

March 3, 2004

March 3, 2004

PACER
22

ORDER by Judge Louis F. Oberdorfer : granting motion to extend time to 2/28/01 within which to reply to Plaintiff's Opposition to Defendant's Motion to Dismiss and to Strike Class Action Allegations [17−1] by DAN GLICKMAN; reply to motion due by 2/28/01 ; (N) (tb) Modified on 02/21/2001 (Entered: 02/21/2001)

Feb. 21, 2001

Feb. 21, 2001

126

ORDER granting plaintiffs' motion for attorney fees 119 . Signed by Judge James Robertson on March 11, 2004. (MT) (Entered: 03/11/2004)

March 11, 2004

March 11, 2004

PACER
127

MOTION to Expedite Plaintiffs' Motion For Expedited Consideration of Pending Matters with Memorandum of Points and Authorities in Support Thereof by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Hill, Stephen) (Entered: 05/28/2004)

May 28, 2004

May 28, 2004

PACER
23

ORDER by Judge Louis F. Oberdorfer : granting motion to file excess pages limitation [6−1] by DAN GLICKMAN (N) (tb) (Entered: 02/21/2001)

Feb. 21, 2001

Feb. 21, 2001

128

RESPONSE to Plaintiffs' Motion for Expedited Consideration filed by ANN V. VENEMAN. (Olson, Lisa) (Entered: 06/02/2004)

June 2, 2004

June 2, 2004

PACER
24

RESPONSE by plaintiffs in opposition to motion to strike motion to certify class [18−1] [21−1] by ANN V. VENEMAN . (jdm) (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

129

NOTICE TO COUNSEL: The September 1, 2004 trial date is off the calendar. Signed by Judge James Robertson on August 27, 2004. (MT) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

PACER
42

MEMORANDUM by federal defendant in support of motion to dismiss amended complaint complaint [4−1] [5−1] and motion to strike class action allegations [5−2]; exhibits (6) (jf) (Entered: 06/25/2001)

Feb. 21, 2001

Feb. 21, 2001

25

REPLY by plaintiffs to defendant's opposition to theirn motion for leave to file second amended class action complaint [19−1] (ag) Modified on 03/05/2001 (Entered: 03/01/2001)

Feb. 26, 2001

Feb. 26, 2001

130

SUPPLEMENTAL MEMORANDUM Submission of Plaintiffs Concerning the Nature of the Injunctive Relief Sought by Plaintiffs' Proposed Third Amended Complaint. (Hill, Stephen) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

PACER
27

MOTION (CONSENT) filed by federal defendant DAN GLICKMAN exceed page limitation on defendnats reply to plaintiffs' opposition to defendant's motion to dismiss or strike class action complaint (bjsp) (Entered: 03/01/2001)

Feb. 28, 2001

Feb. 28, 2001

131

MOTION to Strike 130 Reply in Support, Supplemental Memorandum by ANN V. VENEMAN. (Olson, Lisa) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

PACER
28

REPLY by federal defendants to plaintiffs opposition to motion to dismiss amended complaint complaint [4−1] [5−1] by DAN GLICKMAN, motion to strike class action allegations [5−2] by DAN GLICKMAN ; exhibits (2) (bjsp) Modified on 03/05/2001

Feb. 28, 2001

Feb. 28, 2001

132

MEMORANDUM ORDER denying plaintiffs' motion for class certification 18, as renewed or supplemented by plaintiffs' memorandum on subject of commonality 107 ; denying without prejudice plaintiffs' motion for leave to file third amended class action complaint 108 ; denying defendant's motion to strike 131 . Further proceedings in this case are stayed pending further order of the Court . Signed by Judge James Robertson on September 10, 2004. (MT, ) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

RECAP
133

MOTION Plaintiffs' Motion for Certification of Order for Interlocutory Review Under 28 U.S.C. 1292(b) with Memorandum of Points and Authorities in Support Thereof by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Hill, Stephen) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

PACER

MOTION HEARING before Judge Louis F. Oberdorfer denied motion for temporary restraining order [29−1] by plaintiffs. Reporter: Santa Zizzo (gdf) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

134

ORDER granting plaintiffs' motion for certification of order for interlocutory review 133 . This Court's memorandum order of March 20, 2002 is certified for interlocutory review . Signed by Judge James Robertson on September 27, 2004. (MT) (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

PACER
30

RESPONSE (OPPOSITIONS) by federal defendant ANN V. VENEMAN to motion for temporary restraining order [29−1] by plaintiffs; exhibits (6) (jf) (Entered: 03/27/2001)

March 26, 2001

March 26, 2001

135

MOTION for Preliminary Injunction Plaintiffs' Emergency Motion for Preliminary Injunction with Memorandum of Points and Authorities in Support Thereof by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1-3# 3 Exhibit 4# 4 Exhibit 5# 5 Exhibit 6# 6 Exhibit 7# 7 Exhibit 8# 8 Exhibit 9)(Hill, Stephen) (Entered: 11/01/2004)

Nov. 1, 2004

Nov. 1, 2004

PACER
31

STRICKEN PURSUANT TO COURT ORDER DATED 3/20/02 −−− NOTICE OF SUPPLEMENTAL AUTHORITY by federal defendant ANN V. VENEMAN of recent filing in Pigford v. Veneman, CA 97−1978 (PLF). (jf) Modified on 03/20/2002 (Entered: 03/27/2001)

March 26, 2001

March 26, 2001

136

ENTERED IN ERROR.....See Document No. 137 for corrected Memorandum in opposition to motion re 135 emergency preliminary injunction filed by ANN V. VENEMAN. (Olson, Lisa) Modified on 11/8/2004 (lc, ). (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
32

ORDER by Judge Louis F. Oberdorfer denying plaintiff's motion for temporary restraining order : (N) (tb) (Entered: 03/28/2001)

March 27, 2001

March 27, 2001

137

Memorandum in opposition to motion re 135 emergency preliminary injunction filed by ANN V. VENEMAN. (Olson, Lisa) (Entered: 11/05/2004)

Nov. 5, 2004

Nov. 5, 2004

PACER
33

MOTION filed by plaintiffs to strike notice [31−1] (jdm) (Entered: 04/05/2001)

April 4, 2001

April 4, 2001

34

MOTION filed by plaintiffs to strike defendant's notice of filing [31−1] (bjsp) (Entered: 04/10/2001)

April 6, 2001

April 6, 2001

138

REPLY to opposition to motion re 135 Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Emergency Motion for Preliminary Injunction filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit Declaration of Vicky Garza# 2 Exhibit Declaration of Stella Garza# 3 Exhibit Declaration of Adam P. Garza, Jr.)(Hill, Stephen) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

PACER
139

ORDER denying plaintiffs' emergency motion for preliminary injunction 135 . Signed by Judge James Robertson on November 18, 2004. (MT) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

PACER
35

ERRATA by plaintiffs to plaintiffs' previously filed motion to strike defendant's notice of filing (bjsp) (Entered: 04/10/2001)

April 6, 2001

April 6, 2001

142

MANDATE of USCA (certified copy) as to 140 Notice of Interlocutory Appeal,,, filed by ALL PLAINTIFFS,, GUADALUPE L. GARCIA,, TONY JIMINEZ,, PATRICIA JIMINEZ,, MR. X,, MRS. X,, GLORIA MORALEZ,, BEATRICE GARZA,, RODOLFO GARZA,, LARRY CHAVARRIA,, ROBERT CHAVARRIA,, YSIDORO F. MENDOZA,, ALBERTO A. ACOSTA,, JIMMY ALVAREZ,, ELIZABETH ALVAREZ,, DAVID FLORES,, PATRICK R. FLORES,, GILBERT A. GARCIA,, F. RICHARD LLANEZ,, EDWARDO R. LOPEZ,, ISMAEL O. MEDINA,, SONJA MEYERS,, ROBERT ORTEGA, JR., EDWARD W. PROVENCIO,, GEORGE L. PROVENCIO,, ALEX CONTRERAS,, JOE CONTRERAS,, LOUIS CONTRERAS,, HECTOR T. FLORES,, JUAN J. FLORES,, ALBERTO M. ORTEGA,, RENE ORTEGA,, RUPERTO R. RODRIGUEZ,, ERASMO VALDEZ,, DIONICIO VALDEZZ, II, ARTURO VASQUEZ,, RODOLFO VASQUEZ,, DAVID L. HINJOSA, SR., 141 Notice of Interlocutory Appeal,,, filed by ALL PLAINTIFFS,, GUADALUPE L. GARCIA,, TONY JIMINEZ,, PATRICIA JIMINEZ,, MR. X,, MRS. X,, GLORIA MORALEZ,, BEATRICE GARZA,, RODOLFO GARZA,, LARRY CHAVARRIA,, ROBERT CHAVARRIA,, YSIDORO F. MENDOZA,, ALBERTO A. ACOSTA,, JIMMY ALVAREZ,, ELIZABETH ALVAREZ,, DAVID FLORES,, PATRICK R. FLORES,, GILBERT A. GARCIA,, F. RICHARD LLANEZ,, EDWARDO R. LOPEZ,, ISMAEL O. MEDINA,, SONJA MEYERS,, ROBERT ORTEGA, JR., EDWARD W. PROVENCIO,, GEORGE L. PROVENCIO,, ALEX CONTRERAS,, JOE CONTRERAS,, LOUIS CONTRERAS,, HECTOR T. FLORES,, JUAN J. FLORES,, ALBERTO M. ORTEGA,, RENE ORTEGA,, RUPERTO R. RODRIGUEZ,, ERASMO VALDEZ,, DIONICIO VALDEZZ, II, ARTURO VASQUEZ,, RODOLFO VASQUEZ,, DAVID L. HINJOSA, SR.; It is hereby ordered that the petition for permission to take an interlocutory appeal be granted; USCA#04-8008 USCA#04-8010 (jsc) (Entered: 12/28/2004)

Dec. 17, 2004

Dec. 17, 2004

PACER
36

RESPONSE by federal defendant ANN V. VENEMAN in opposition to motion to strike defendant's notice of filing [31−1] [34−1] by GUADALUPE L. GARCIA, motion to strike notice [31−1] [33−1] by plaintiffs; Exhibits (2). (jdm) (Entered: 04/11/2001)

April 10, 2001

April 10, 2001

140

NOTICE OF INTERLOCUTORY APPEAL as to 132 Order on Motion for Leave to File, Order on Motion to Strike, by LARRY CHAVARRIA, ROBERT CHAVARRIA, YSIDORO F. MENDOZA, ALBERTO A. ACOSTA, JIMMY ALVAREZ, ELIZABETH ALVAREZ, DAVID FLORES, PATRICK R. FLORES, GILBERT A. GARCIA, F. RICHARD LLANEZ, GUADALUPE L. GARCIA, EDWARDO R. LOPEZ, ISMAEL O. MEDINA, SONJA MEYERS, ROBERT ORTEGA, JR, EDWARD W. PROVENCIO, GEORGE L. PROVENCIO, ALEX CONTRERAS, JOE CONTRERAS, LOUIS CONTRERAS, HECTOR T. FLORES, TONY JIMINEZ, JUAN J. FLORES, ALBERTO M. ORTEGA, RENE ORTEGA, RUPERTO R. RODRIGUEZ, ERASMO VALDEZ, DIONICIO VALDEZZ, II, ARTURO VASQUEZ, RODOLFO VASQUEZ, DAVID L. HINJOSA, SR, PATRICIA JIMINEZ, ALL PLAINTIFFS, MR. X, MRS. X, GLORIA MORALEZ, BEATRICE GARZA, RODOLFO GARZA. Filing fee $ 255, receipt number 130416. (lc, ) (Entered: 12/27/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
37

ORDER by Judge Paul L. Friedman : motion hearing on defendant's motion to dismiss and to strike clas allegations set for 10:00 5/21/01 ; (N) (tb) (Entered: 05/03/2001)

May 2, 2001

May 2, 2001

141

NOTICE OF INTERLOCUTORY APPEAL as to 134 Order on Motion for Miscellaneous Relief, by LARRY CHAVARRIA, ROBERT CHAVARRIA, YSIDORO F. MENDOZA, ALBERTO A. ACOSTA, JIMMY ALVAREZ, ELIZABETH ALVAREZ, DAVID FLORES, PATRICK R. FLORES, GILBERT A. GARCIA, F. RICHARD LLANEZ, GUADALUPE L. GARCIA, EDWARDO R. LOPEZ, ISMAEL O. MEDINA, SONJA MEYERS, ROBERT ORTEGA, JR, EDWARD W. PROVENCIO, GEORGE L. PROVENCIO, ALEX CONTRERAS, JOE CONTRERAS, LOUIS CONTRERAS, HECTOR T. FLORES, TONY JIMINEZ, JUAN J. FLORES, ALBERTO M. ORTEGA, RENE ORTEGA, RUPERTO R. RODRIGUEZ, ERASMO VALDEZ, DIONICIO VALDEZZ, II, ARTURO VASQUEZ, RODOLFO VASQUEZ, DAVID L. HINJOSA, SR, PATRICIA JIMINEZ, ALL PLAINTIFFS, MR. X, MRS. X, GLORIA MORALEZ, BEATRICE GARZA, RODOLFO GARZA. Filing fee $ 255, receipt number 130417. (lc, ) (Entered: 12/27/2004)

Dec. 21, 2004

Dec. 21, 2004

PACER
38

MOTION filed by plaintiffs for status conference (tb) (Entered: 05/07/2001)

May 4, 2001

May 4, 2001

146

USCA JUDGMENT (certified copy) as to 140 Notice of Interlocutory Appeal,,, filed by ALL PLAINTIFFS,, GUADALUPE L. GARCIA,, TONY JIMINEZ,, PATRICIA JIMINEZ,, MR. X,, MRS. X,, GLORIA MORALEZ,, BEATRICE GARZA,, RODOLFO GARZA,, LARRY CHAVARRIA,, ROBERT CHAVARRIA,, YSIDORO F. MENDOZA,, ALBERTO A. ACOSTA,, JIMMY ALVAREZ,, ELIZABETH ALVAREZ,, DAVID FLORES,, PATRICK R. FLORES,, GILBERT A. GARCIA,, F. RICHARD LLANEZ,, EDWARDO R. LOPEZ,, ISMAEL O. MEDINA,, SONJA MEYERS,, ROBERT ORTEGA, JR., EDWARD W. PROVENCIO,, GEORGE L. PROVENCIO,, ALEX CONTRERAS,, JOE CONTRERAS,, LOUIS CONTRERAS,, HECTOR T. FLORES,, JUAN J. FLORES,, ALBERTO M. ORTEGA,, RENE ORTEGA,, RUPERTO R. RODRIGUEZ,, ERASMO VALDEZ,, DIONICIO VALDEZZ, II, ARTURO VASQUEZ,, RODOLFO VASQUEZ,, DAVID L. HINJOSA, SR.; It is hereby ordered and adjudged that the District Court's denial of class certification and dismissal of the failure to investigate claim asserted under ECOA be affirmed; The appeal of the APA's failure to investigate claim be dismissed and the case remanded to the District Court for further proceedings; USCA#04-5448 (jsc) (Entered: 07/18/2006)

June 12, 2006

June 12, 2006

PACER
40

RESPONSE by federal defendant ANN V. VENEMAN in opposition to motion for status conference [38−1] by plaintiff's (cas) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

39

ORDER by Judge Louis F. Oberdorfer : converting motion hearing set for 05/21/01 to a status hearing set for 10:00 5/22/01 (N) (tb) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

143

ORDER re briefing schedule of Administrative Procedures Act issues remanded by the U.S. Court of Appeals for the D.C. Circuit. All further proceedings in this matter are stayed until further order of this Court. Signed by Judge James Robertson on June 28, 2006. (MT) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

PACER
144

THIRD AMENDED COMPLAINT against MICHAEL JOHANNS filed by ALL PLAINTIFFS.(nmw, ) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

RECAP

CASE REASSIGNED to Judge Royce C. Lamberth (tth) (Entered: 05/21/2001)

May 18, 2001

May 18, 2001

145

TRANSCRIPT of Scheduling Conference held on Jun 28, 2006 before Judge James Robertson. Court Reporter: Rebecca Stonestreet. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (lc, ) (Entered: 07/17/2006)

July 14, 2006

July 14, 2006

PACER
41

ORDER by Judge Louis F. Oberdorfer : continuin hearing scheduled for 05/22/01 until further notice. (N) (jf) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

147

NOTICE of Change of Address by Phillip L. Fraas (Fraas, Phillip) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
43

ORDER by Judge Royce C. Lamberth : granting motion exceed page limitation on defendnats reply to plaintiffs' opposition to defendant's motion to dismiss or strike class action complaint [27−1] by DAN GLICKMAN (N) (tb) (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

CASE REASSIGNED to Judge James Robertson (aet) (Entered: 02/04/2002)

Feb. 1, 2002

Feb. 1, 2002

148

MOTION to Withdraw as Attorney by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Pires, Alexander) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

PACER
149

TRANSCRIPT of Proceedings held on June 28, 2006 Schedule Conference before Judge James Robertson. Court Reporter: Rebecca Stonestreet. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (tg, ) (Entered: 08/16/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER
44

ORDER by Judge James Robertson: granting motion for status conference [38−1] by plaintiffs; status hearing is set for 2:00 2/21/02. (N) (mlp) (Entered: 02/07/2002)

Feb. 7, 2002

Feb. 7, 2002

150

BRIEF in support of claims that defendant's failure to investigate and denial of benefits are reviewable under the Administrative Procedure Act re 143 Order, filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1 through 3# 2 Exhibit 4# 3 Exhibit 5# 4 Exhibit 6 through 7# 5 Exhibit 8# 6 Exhibit 9 through 10# 7 Exhibit 11# 8 Exhibit 12# 9 Exhibit 13 through 14# 10 Exhibit 15 through 17)(jeb, ) (Entered: 08/29/2006)

Aug. 28, 2006

Aug. 28, 2006

PACER
45

ATTORNEY APPEARANCE for plaintiffs by Alan Wiseman. (aet) (Entered: 02/12/2002)

Feb. 7, 2002

Feb. 7, 2002

151

RESPONSE to 150 Plaintiffs' Request for Administrative Procedure Act Review filed by MICHAEL JOHANNS. (Olson, Lisa) Modified on 9/28/2006 (zlc, ). (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

PACER
46

NOTICE OF CHANGE OF ADDRESS by Phillip L. Fraas representing ALL PLAINTIFFS . New address: Hogan & Hartson 555 Thirteenth St., NW Washington DC 20004 202−637−6624. (aet) (Entered: 02/19/2002)

Feb. 14, 2002

Feb. 14, 2002

STATUS HEARING before Judge James Robertson : trial set for 9:30 3/17/03 ; brief regarding class action due 4/8/02 ; response to brief due 4/29/02 ; reply to brief due 5/6/02. Reporter: Dennis Dinkel (mlp) (Entered: 02/21/2002)

Feb. 21, 2002

Feb. 21, 2002

152

REPLY Plaintiffs' Reply Brief in Support of 150 Their Claims Based on the Administrative Procedure Act filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1 Order# 2 Exhibit 2-10 Declarations# 3 Exhibit 11-20 Declarations# 4 Exhibit 21-30 Declarations# 5 Exhibit 31-38 Declarations# 6 Exhibit 39 Declaration of Jimmy Jones# 7 Exhibit 40 Declaration of Rosalind Gray)(Hill, Stephen) Modified on 10/30/2006 (lc, ). (Entered: 10/27/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
153

TRANSCRIPT of Motions Hearing held on April 19, 2007 before Judge James Robertson. Court Reporter: Santa Theresa Zizzo. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (Transcript lodged with Case No. 00-2502) (lc, ) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER
48

TRANSCRIPT filed for date(s) of 2/21/02. Reporter: Dennis Dinkel (aet) (Entered: 03/26/2002)

March 21, 2002

March 21, 2002

154

SUPPLEMENTAL MEMORANDUM to 150 Plaintiffs' Supplemental Memorandum in Support of Their Claims Based on the Administrative Procedure Act filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1 Pt A# 2 Exhibit 1 Pt B# 3 Exhibit 1 Pt C)(Hill, Stephen) Modified on 5/4/2007 (lc, ). (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

PACER
50

MEMORANDUM by ALL PLAINTIFFS in support of motion to certify class [18−1] by MRS. X, MR. X, PATRICIA JIMINEZ, TONY JIMINEZ, GUADALUPE L. GARCIA; exhibits (50) (aet) (Entered: 05/01/2002)

April 8, 2002

April 8, 2002

155

NOTICE TO COUNSEL. Signed by Judge James Robertson on August 28, 2007. (MT) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
49

MOTION filed by plaintiffs for hearing on motion for class certification (aet) (Entered: 04/22/2002)

April 15, 2002

April 15, 2002

51

MOTION filed by plaintiff ALL PLAINTIFFS to lift stay on discovery , and to adopt discovery plan (aet) (Entered: 05/01/2002)

April 25, 2002

April 25, 2002

156

Unopposed MOTION for Extension of Time to Respond to August 28, 2007 Notice to Counsel by MICHAEL JOHANNS (Attachments: # 1 Text of Proposed Order Proposed Order)(Olson, Lisa) (Entered: 08/31/2007)

Aug. 31, 2007

Aug. 31, 2007

PACER
157

SUPPLEMENTAL MEMORANDUM to in Opposition to 150 Plaintiffs' Request for Administrative Procedure Act Review filed by MICHAEL JOHANNS. (Olson, Lisa) Modified on 9/19/2007 (lc, ). (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

PACER
52

RESPONSE by federal defendant ANN V. VENEMAN in opposition to motion to certify class [18−1] by MRS. X, MR. X, PATRICIA JIMINEZ, TONY JIMINEZ, GUADALUPE L. GARCIA . (aet) (Entered: 05/01/2002)

April 29, 2002

April 29, 2002

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: Oct. 13, 2000

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanics who farmed or ranched, or attempted to farm or ranch, during the period January 1, 1981, to the present and who were discriminated against by the USDA on the basis of national origin when they sought to participate on equal terms in farm loan and disaster benefit programs and who complained to the USDA about such discrimination.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Department of Agriculture, Federal

Defendant Type(s):

Bank or credit provider

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)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Pattern or Practice

Record-keeping

Records Disclosure

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

Language:

Spanish

National Origin/Ethnicity:

Hispanic