Case: Cantu v. United States

1:11-cv-00541 | U.S. District Court for the District of District of Columbia

Filed Date: March 15, 2011

Closed Date: 2016

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Case Summary

On March 15, 2011, a group of Hispanic farmers and ranchers brought suit against the United States and the U.S. Department of Agriculture (USDA) in the U.S. District Court for the District of Columbia. The plaintiffs, represented by private counsel, were potential claimants in the proposed settlement agreement in Garcia v. Vilsack, an earlier case in which a group of Hispanic farmers and ranchers filed suit against the USDA, claiming that the USDA had systematically denied Hispanics farmers and ranchers loans and loan servicing in the 1990s. In this case, the plaintiffs claimed that the defendants had violated their Fifth Amendment equal protection and due process rights by offering a settlement agreement unequal to the settlement agreement offered to African American, Native American, and women farmers and ranchers who had previously sued the USDA over similar discrimination. Specifically, the plaintiffs alleged that the proposed settlement agreement was unequal in comparison to the other discrimination settlements because it did not provide judicial supervision (leading to deficient notice and defective claims processes); did not provide assistance of class counsel; provided disproportionate monetary relief (only $1.33 billion, compared to the $2.23 billion in the African American discrimination case, despite Hispanic farmers outnumbering African American farmers 12 to 1); required additional proof elements in the claims process; and did not propose compensation for non-credit farm benefits. The plaintiff filed under the Declaratory Judgment Act and the Administrative Procedures Act. They sought a declaration that this settlement proposal violated the plaintiff's constitutional rights and a permanent injunction prohibiting the defendants from engaging in racially discriminatory treatment of Hispanic farmers by treating them differently in comparison to African American, Native American, and women farmers with similar complaints.

On March 25, 2011, the plaintiffs filed papers for a putative class of plaintiffs in the Garcia case, who allegedly "were subjected to, and continue to be subject to, USDA discrimination in its farm benefit programs" and who "are potential claimants" under the defendants' administrative claim process for Hispanic farmers.

On May 11, 2011, the US moved to dismiss the case, denying any unlawful conduct and stating that the plaintiffs lacked standing, were attempting improper claim splitting, and were time barred. The plaintiffs moved to certify the class on June 11, 2011, and the defendant moved on June 14 to stay the certification motion pending adjudication of the motion to dismiss. On November 11, 2011, Judge Reggie B. Walton entered an order asking parties to clarify whether the plaintiffs' claims were ripe, given that the settlement agreement in Garcia had not been formally proposed. On December 21, 2011, Judge Walton entered an order denying all extant motions without prejudice, and holding the case in abeyance pending an announcement of the final version of Defendants' ADR program, because this suit would be unripe until the settlement agreement was formally proposed.

On January 20, 2012, the defendants in the Garcia case submitted the proposed framework for the settlement agreement. Based on the proposal, the plaintiffs in this case submitted a first amended complaint on April 13, 2012, and Judge Walton lifted the stay on the case on August 24, 2012. The defendant then moved to dismiss the amended complaint on September 24, 2012. On December 11, 2012, Judge Walton granted the defendants' motion to dismiss, ruling that there was no injury because participation in the administrative claims process was optional, and that the suit lacked redressability because the court had no way of compelling the government to propose a specific settlement agreement. 908 F. Supp. 2d 146.

On February 15, 2013, the plaintiffs entered a notice of appeal with the U.S. Court of Appeals for the District of Columbia Circuit (docket no. 13-05044). The Circuit court heard oral arguments from the parties more than a year later on May 7, 2014. In its opinion, the appellate court agreed that the plaintiffs' prayer for relief overreached because the court could not coerce a party, especially an Executive Branch agency, to settle in a case. Therefore, the district court correctly held that it lacked authority to enjoin the government to offer class settlement such as in previous cases. However, the appeals court reversed the lower court's decision and remanded the case on May 27, 2014 because the district court could have granted relief in the form of an injunction ordering the government not to act on unlawful racial grounds toward Hispanic and female farmers.

While the parties litigated the case in district court on remand, the defendant filed a new motion on November 25, 2014 to dismiss on the grounds that the court lacked subject matter jurisdiction and that the complaint failed to state a valid claim. In response to the defendant's motion, the district court officially reopened the case on May 14, 2015.

On October 26, 2015, the defendant filed a status report regarding the voluntary alternative dispute resolution (ADR) program established for farmers alleging discrimination against Hispanic and female individuals in making or servicing farm loans. The Claims Adjudicator approved a total of 3,210 claims in the ADR program. On October 23, 2015, USDA reported as a total of 2,847 of the approved claims had been paid by the Judgment Fund, and another 126 claims were in process.

Months later, Judge Walton granted the defendant's renewed motion to dismiss the case. When the defendant moved to dismiss in November 2014, Judge Walton found that in light of the appeals court's agreement that a court cannot order a party to settle, only the plaintiffs' equal protection claim remained. Judge Walton reasoned that the plaintiffs' other claims related to specific terms of the ADR and therefore the court did not have the authority to adjudicate those issues.

In relation to plaintiffs' equal protection claim, the defendant contended that the plaintiffs failed to state a claim because the complaint did not allege facts showing that the defendant had a discriminatory purpose in settling claims brought by hispanic or female farmers. Judge Walton agreed with the defendant and dismissed the case in March 2016, closing the case.

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Summary Authors

Dan Osher (7/7/2013)

Asma Husain (2/21/2016)

Richa Bijlani (11/20/2019)

Love v. Vilsack, District of District of Columbia (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211173/parties/cantu-v-united-states-of-america/

Judge(s)

Attorney for Plaintiff

Feinberg, Adam P (District of Columbia)

Attorney for Defendant

Cohen, Vincent H. (District of Columbia)

Delery, Stuart F. (District of Columbia)

D'Ottavio, Kari E. (District of Columbia)

Dover, Marleigh D. (District of Columbia)

Judge(s)

Griffith, Thomas Beall (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Tatel, David S. (District of Columbia)

Walton, Reggie B. (District of Columbia)

Attorney for Plaintiff

Feinberg, Adam P (District of Columbia)

Ferguson, Laura G (District of Columbia)

Herman, Andrew Dewald (District of Columbia)

Hibey, Richard A (District of Columbia)

Hill, Stephen S (District of Columbia)

Kossak, Jonathan D (District of Columbia)

Ruyak, Robert F. (District of Columbia)

Attorney for Defendant

Cohen, Vincent H. (District of Columbia)

Delery, Stuart F. (District of Columbia)

D'Ottavio, Kari E. (District of Columbia)

Dover, Marleigh D. (District of Columbia)

Guzman, Javier M. (District of Columbia)

Machen, Ronald C (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Olson, Lisa A (District of Columbia)

Scarborough, Charles W. (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:11-cv-00541 13-05044	Docket [PACER] U.S. Court of Appeals for the District of Columbia Circuit	Aug. 6, 2014	Aug. 6, 2014 Docket
1:11-cv-00541	Docket [PACER] Cantu v. United States of America	March 21, 2016	March 21, 2016 Docket
1 1:11-cv-00541	Class Action Complaint for Declaratory, Injunctive, and Other Relief Cantu v. United States of America	May 15, 2011	May 15, 2011 Complaint 2011 WL 884416
27 1:11-cv-00541	Order Cantu v. United States of America	Dec. 21, 2011	Dec. 21, 2011 Order/Opinion
46 1:11-cv-00541	First Amended Class Action Complaint for Declaratory, Injunctive, and Other Relief Cantu v. United States of America	June 13, 2012	June 13, 2012 Complaint
61 1:11-cv-00541	Memorandum Opinion Cantu v. United States of America	Dec. 11, 2012	Dec. 11, 2012 Order/Opinion 908 F.Supp.2d 146
1494454 1:11-cv-00541 13-05044	Judgment Cantu v. USA U.S. Court of Appeals for the District of Columbia Circuit	May 27, 2014	May 27, 2014 Order/Opinion
75 1:11-cv-00541	Status Report [for defendant]	June 8, 2015	June 8, 2015 Pleading / Motion / Brief
76 1:11-cv-00541	Status Report [for defendant]	Oct. 26, 2015	Oct. 26, 2015 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4211173/cantu-v-united-states-of-america/

Last updated Oct. 17, 2025, 4:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK ( Filing fee $ 350, receipt number 4616037209) filed by MODESTA SALAZAR, NOE OBREGON, GUADALUPE GARCIA, DAVID CANTU, RUPERTO RODRIGUEZ, MODESTO RODRIGUEZ. (Attachments: # 1 Exhibit s 1-11, # 2 Civil Cover Sheet)(jf, ) (Entered: 03/15/2011)	March 15, 2011	March 15, 2011
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ (jf, ) (Entered: 03/15/2011)	March 15, 2011	March 15, 2011
	SUMMONS (8) Issued as to ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK and U.S. Attorney.(jf, )	March 15, 2011	March 15, 2011
3	NOTICE OF RELATED CASE by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA. Case related to Case No. 1:00cv02445. (Olson, Lisa) (Entered: 03/21/2011)	March 21, 2011	March 21, 2011
4	Case reassigned to Judge Reggie B. Walton. Judge Richard W. Roberts no longer assigned to the case. (ds) (Entered: 03/22/2011)	March 22, 2011	March 22, 2011
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/16/2011. (Hill, Stephen) (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
11	ENTERED IN ERROR. . . . .DUPLICATE OF NO. 10 . . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/16/2011. (Hill, Stephen) Modified on 4/1/2011 (td, ). (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TOM VILSACK served on 3/16/2011 (Hill, Stephen) Modified served date to 3/16/11 on 4/1/2011 (td, ). (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
6	ENTERED IN ERROR. . . . . DUPLICATE OF NO. 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Hill, Stephen) Modified on 4/1/2011 (td, ). (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 3/15/2011 (Hill, Stephen) (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 3/16/2011 (Hill, Stephen) Modified date served to 3/16/11 on 4/1/2011 (td, ). (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2011. Answer due for ALL FEDERAL DEFENDANTS by 5/15/2011. (Hill, Stephen) (Entered: 03/31/2011)	March 31, 2011	March 31, 2011
12	MOTION to Dismiss by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Olson, Lisa) (Entered: 05/11/2011)	May 11, 2011	May 11, 2011
13	Memorandum in opposition to re 12 MOTION to Dismiss filed by DAVID CANTU. (Attachments: # 1 Text of Proposed Order Proposed Order to Dismiss)(Hill, Stephen) (Entered: 05/25/2011)	May 25, 2011	May 25, 2011
14	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 05/31/2011)	May 31, 2011	May 31, 2011
15	REPLY to opposition to motion re 12 MOTION to Dismiss filed by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 06/06/2011)	June 6, 2011	June 6, 2011
	MINUTE ORDER granting 14 Motion for Extension of Time. The Court having considered the Defendants' Unopposed Motion for Extension of Time, and it appearing to the Court that there is good cause to grant the relief requested therein based upon the consent of the plaintiffs as represented to the Court by the defendants, it is ORDERED that the motion is GRANTED. It is further ORDERED that with regard to the defendants' motion to dismiss, the defendants shall file their brief in reply to the plaintiffs' opposition memorandum on or before June 6, 2011. Signed by Judge Reggie B. Walton on 6/6/2011 (lcrbw1).	June 6, 2011	June 6, 2011
16	MOTION to Certify Class by DAVID CANTU (Attachments: # 1 Exhibit Exhibits 1 through 6, # 2 Exhibit Exhibits 7 through 16, # 3 Text of Proposed Order Proposed Order)(Hill, Stephen) (Entered: 06/10/2011)	June 10, 2011	June 10, 2011
17	MOTION to Stay re 16 MOTION to Certify Class or Alternatively,, MOTION to Strike 16 MOTION to Certify Class by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Olson, Lisa) (Entered: 06/14/2011)	June 14, 2011	June 14, 2011
18	Memorandum in opposition to re 17 MOTION to Stay re 16 MOTION to Certify Class or Alternatively, MOTION to Strike 16 MOTION to Certify Class MOTION to Stay re 16 MOTION to Certify Class or Alternatively, MOTION to Strike 16 MOTION to Certify Class filed by DAVID CANTU. (Attachments: # 1 Exhibit Supreme Court Decision, # 2 Text of Proposed Order Proposed Order To Deny Defendants' Motion)(Hill, Stephen) (Entered: 06/17/2011)	June 17, 2011	June 17, 2011
19	REPLY to opposition to motion re 17 MOTION to Stay re 16 MOTION to Certify Class or Alternatively, MOTION to Strike 16 MOTION to Certify Class MOTION to Stay re 16 MOTION to Certify Class or Alternatively, MOTION to Strike 16 MOTION to Certify Class filed by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 06/24/2011)	June 24, 2011	June 24, 2011
20	NOTICE of Change of Address by Stephen S Hill (Hill, Stephen) (Entered: 09/02/2011)	Sept. 2, 2011	Sept. 2, 2011
21	ORDER. The plaintiffs shall file a supplemental memorandum on or before November 15, 2011, addressing the questions identified by the Court in the attached Order. The defendants shall file their response to the plaintiffs' supplemental memorandum, if any, on or before November 29, 2011. The plaintiffs shall file their brief in reply to the defendants' response, if any, on or before December 6, 2011. The parties' supplemental briefing shall discuss any new developments concerning the defendants' proposed alternative dispute resolution program that have arisen since the completion of briefing on the defendants' motion to dismiss in June 2011 that may affect the plaintiffs' claims in this case. Signed by Judge Reggie B. Walton on 11-1-11 (lcrbw3). Modified on 11/1/2011 (lcrbw3, ). (Main Document 21 replaced on 11/1/2011) (td, ). (Entered: 11/01/2011)	Nov. 1, 2011	Nov. 1, 2011
	Set/Reset Deadlines: Supplemental Memorandum due by 11/15/2011. Response due by 11/29/2011 Reply due by 12/6/2011. (mpt)	Nov. 2, 2011	Nov. 2, 2011
22	MEMORANDUM by DAVID CANTU. (Attachments: # 1 Exhibit Cantu Exhibits 1-8)(Hill, Stephen) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011
23	MOTION for Extension of Time to File, Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 11/22/2011)	Nov. 22, 2011	Nov. 22, 2011
	MINUTE ORDER granting 23 Motion for Extension of Time to File; granting 23 Motion for Extension of Time to File Response/Reply. The Court having considered the Defendants' Unopposed Motion for Extension of Time, and it appearing that there is good cause to grant the relief requested therein based upon the plaintiffs' consent to the motion, it is ORDERED that the motion is GRANTED. It is further ORDERED that the defendants shall file their supplemental brief in response to the Plaintiffs' Memorandum in Response to the Court's November 1, 2011 Order on or before December 5, 2011. It is further ORDERED that the plaintiffs shall file their reply to the defendants' supplemental brief on or before December 12, 2011. Signed by Judge Reggie B. Walton on 11-28-11 (lcrbw3).	Nov. 28, 2011	Nov. 28, 2011
	Set/Reset Deadlines: Supplemental Memorandum Brief due by 12/5/2011; Reply to Supplemental Brief 12/12/11. (mpt)	Nov. 29, 2011	Nov. 29, 2011
24	ENTERED IN ERROR. . . . .MOTION to Dismiss Supplemental Brief in Support by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK (Olson, Lisa) Modified on 12/6/2011 (td, ). (Entered: 12/05/2011)	Dec. 5, 2011	Dec. 5, 2011
25	SUPPLEMENTAL MEMORANDUM to re 12 MOTION to Dismiss filed by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (td, ) (Entered: 12/06/2011)	Dec. 5, 2011	Dec. 5, 2011
	NOTICE OF CORRECTED DOCKET ENTRY: 24 was entered in error and refiled as docket entry no. 25 using the correct event. (td, )	Dec. 5, 2011	Dec. 5, 2011
26	Memorandum in opposition to re 25 MOTION to Dismiss Supplemental Brief in Support filed by DAVID CANTU. (Attachments: # 1 Exhibit)(Hill, Stephen) Modified on 12/13/2011 to correct linkage (td, ). (Entered: 12/12/2011)	Dec. 12, 2011	Dec. 12, 2011
27	ORDER denying 12 Motion to Dismiss; denying 16 Motion to Certify Class; denying 17 Motion to Stay; denying 17 Motion to Strike. For the reasons set forth in the attached order, it is ORDERED that all pending motions in this case are denied without prejudice. It is further ORDERED that the parties shall notify the Court if and when the defendants finalize the ADR program for Hispanic farmers. At that time, the parties shall advise the Court whether they desire to have the pending motions in this case reinstated and taken under advisement by the Court. If such a request is made, the defendants shall submit for the Court's review a copy of the final version of the defendants' ADR program for Hispanic farmers. It is further ORDERED that the defendants shall submit status reports to the Court and the plaintiffs every 30 days, starting from the date of entry of this order and until the ADR program is finalized, addressing the progress that has been made toward the finalization of the ADR program for Hispanic farmers. It is further ORDERED that this case is ADMINISTRATIVELY CLOSED pending further order of the Court. Signed by Judge Reggie B. Walton on 12-21-11 (lcrbw3). (Entered: 12/21/2011)	Dec. 21, 2011	Dec. 21, 2011
28	Unopposed MOTION to Withdraw as Attorney by DAVID CANTU (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Murray, Christopher) (Entered: 12/30/2011)	Dec. 30, 2011	Dec. 30, 2011
29	NOTICE of Change of Address by Stephen S Hill (Hill, Stephen) (Entered: 12/30/2011)	Dec. 30, 2011	Dec. 30, 2011
	MINUTE ORDER granting 28 Motion to Withdraw as Attorney. In accordance with the oral rulings issued by the Court at the hearing held on this same date, it is ORDERED that the Motion to Withdraw Howrey, LLP, and Christopher Murray as Counsel Submitted by the Chapter 11 Bankruptcy Trustee of Howrey, LLP is GRANTED. Signed by Judge Reggie B. Walton on 1-6-11 (lcrbw3).	Jan. 6, 2012	Jan. 6, 2012
30	STATUS REPORT First by ERIC HOLDER, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Attachments: # 1 Exhibit Framework)(Olson, Lisa) (Entered: 01/20/2012)	Jan. 20, 2012	Jan. 20, 2012
31	NOTICE of Charging Lien of Howrey LLP by DAVID CANTU (Murray, Christopher) (Entered: 01/26/2012)	Jan. 26, 2012	Jan. 26, 2012
32	STATUS REPORT Second by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 02/21/2012)	Feb. 21, 2012	Feb. 21, 2012
33	STATUS REPORT Third by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012
34	STATUS REPORT Fourth by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 04/23/2012)	April 23, 2012	April 23, 2012
35	ENTERED IN ERROR.....STATUS REPORT Fifth by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) Modified on 5/24/2012 (znmw, ). (Entered: 05/23/2012)	May 23, 2012	May 23, 2012
36	STATUS REPORT Fifth by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 05/23/2012)	May 23, 2012	May 23, 2012
	NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 35 Status Report was entered in error and was refiled by counsel as Docket Entry 36 Status Report. (znmw, )	May 24, 2012	May 24, 2012
37	ORDER. Per the attached Order, the plaintiffs shall amend their complaint on or before July 13, 2012. The deadline for the defendants' response to the plaintiffs' forthcoming amended complaint is stayed pending further Order of the Court. Consistent with the government's request at the hearing held on June 19, 2012, the government shall submit to the Court and the plaintiffs on or before August 3, 2012, a final version of the claims form that it plans to use in connection with its forthcoming administrative claims process. This case shall be referred to a Magistrate Judge for a period beginning on July 13, 2012, and continuing until August 24, 2012, for the purpose of formulating a schedule governing the litigation of this case. The Magistrate Judge shall issue a report and recommendation to the undersigned setting forth his or her proposal on or before August 24, 2012. The parties shall appear before the Court for a status conference at 10:00 a.m. on August 28, 2012. Signed by Judge Reggie B. Walton on 6-20-12. (lcrbw3) (Entered: 06/20/2012)	June 20, 2012	June 20, 2012
	Set/Reset Deadlines/Hearings: Amended Complaint due by 7/13/2012. Final Version of Administrative Claim due by 8/3/2012. Status Conference set for 8/28/2012 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt)	June 21, 2012	June 21, 2012
38	STATUS REPORT Sixth by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM VILSACK. (Olson, Lisa) (Entered: 06/22/2012)	June 22, 2012	June 22, 2012
39	Unopposed MOTION to Withdraw as Attorney Unopposed Motion of Stephen S. Hill to Withdraw as Counsel of Record filed on behalf of all plaintiffs by NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR (Attachments: # 1 Text of Proposed Order)(Hill, Stephen) (Entered: 06/22/2012)	June 22, 2012	June 22, 2012
40	NOTICE of Appearance by Richard A. Hibey on behalf of DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTA SALAZAR (Hibey, Richard) (Entered: 06/25/2012)	June 25, 2012	June 25, 2012
41	NOTICE of Appearance by Robert F. Ruyak on behalf of DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTA SALAZAR (Ruyak, Robert) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012
42	NOTICE of Appearance by Adam P. Feinberg on behalf of DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTA SALAZAR (Feinberg, Adam) (Entered: 06/26/2012)	June 26, 2012	June 26, 2012
43	ORDERED that the 39 Motion to Withdraw as Attorney for NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR is GRANTED. Attorney Stephen S Hill terminated. Signed by Judge Reggie B. Walton on 6/27/12. (mpt) (Entered: 07/03/2012)	July 3, 2012	July 3, 2012
44	ENTERED IN ERROR.....CASE REFERRED to Magistrate Judge Alan Kay for Report and Recommendation. (sth, ) Modified on 7/16/2012 (jeb, ). (Entered: 07/13/2012)	July 13, 2012	July 13, 2012
46	FIRST AMENDED COMPLAINT against ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK filed by MODESTA SALAZAR, NOE OBREGON, GUADALUPE GARCIA, DAVID CANTU, RUPERTO RODRIGUEZ, MODESTO RODRIGUEZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(znmw, ) (Entered: 07/16/2012)	July 13, 2012	July 13, 2012
45	CASE REFERRED to Magistrate Judge John M. Facciola for a report and recommendation. (jeb, ) (Entered: 07/16/2012)	July 16, 2012	July 16, 2012
	NOTICE OF CORRECTED DOCKET ENTRY: re 44 Case Referred to Magistrate Judge was entered in error. This case was inadvertently assigned to Magistrate Judge Alan Kay. The case is correctly assigned to Magistrate Judge John M. Facciola.(jeb, )	July 16, 2012	July 16, 2012
47	STATUS REPORT Seventh by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK. (Attachments: # 1 Exhibit Claim Form)(Olson, Lisa) (Entered: 07/24/2012)	July 24, 2012	July 24, 2012
48	ORDER re referral to Judge Facciola for a Report and Recommendation. Signed by Magistrate Judge John M. Facciola on 7/25/12. (SP, ) (Entered: 07/25/2012)	July 25, 2012	July 25, 2012
	Set/Reset Hearings: Status Conference set for 8/24/2012 10:00 AM in Courtroom 6 before Magistrate Judge John M. Facciola. (lcjmf1, )	Aug. 17, 2012	Aug. 17, 2012
49	Report and Recommendation re 37 Order. Signed by Magistrate Judge John M. Facciola on 8/24/12. (lcjmf1, ) (Entered: 08/24/2012)	Aug. 24, 2012	Aug. 24, 2012
	MINUTE ORDER. Having considered the Magistrate Judge's Report and Recommendation 49, the Court agrees with the recommendations made therein, and it is accordingly ORDERED that the Report and Recommendation is ADOPTED in its entirety. It is further ORDERED that this case shall proceed as follows: (1) the stay on litigation proceedings is lifted, but not the stay as to the statute of limitations for bringing new claims and adding new plaintiffs to the respective cases; (2) the defendants shall file a partial motion to dismiss addressing the four new claims in the amended complaints by September 24, 2012; (3) the plaintiffs shall file their responses to the motion to dismiss, and if they deem necessary, an affirmative motion for summary judgment by October 15, 2012; (4) the defendants shall file their reply to the opposition to the motion to dismiss, and if necessary, a response to the motion for summary judgment by November 15, 2012; (5) the plaintiffs shall file their reply to the defendant's opposition to the motion for summary judgment by November 29, 2012. It is further ORDERED that the status conference originally set for 10:00 a.m. on August 28, 2012, is CANCELED, it being unnecessary in light of the foregoing schedule. Signed by Judge Reggie B. Walton on 8-24-12 (lcrbw3).	Aug. 24, 2012	Aug. 24, 2012
	Minute Entry for proceedings held before Magistrate Judge John M. Facciola: Status Conference held on 8/24/2012. (Court Reporter Bowles Reporting.) (lm, )	Aug. 24, 2012	Aug. 24, 2012
	Set/Reset Deadlines: Partial Motion to Dismiss due by 9/24/2012; Summary Judgment motion due by 10/15/2012. Response to Motion for Summary Judgment due by 11/15/2012. Reply to Motion for Summary Judgment due by 11/29/2012. (mpt)	Aug. 30, 2012	Aug. 30, 2012
50	MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR (Attachments: # 1 Exhibit A - Flyer/Poster, # 2 Exhibit B - Fact Sheet, # 3 Text of Proposed Order)(Feinberg, Adam) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012
51	MOTION to Dismiss First Amended Class Action Complaint by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Olson, Lisa) (Entered: 09/24/2012)	Sept. 24, 2012	Sept. 24, 2012 RECAP
52	MOTION to Stay re 50 MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 09/28/2012)	Sept. 28, 2012	Sept. 28, 2012
53	RESPONSE re 52 MOTION to Stay re 50 MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members filed by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR. (Attachments: # 1 Text of Proposed Order)(Feinberg, Adam) (Entered: 10/01/2012)	Oct. 1, 2012	Oct. 1, 2012
54	REPLY to opposition to motion re 52 MOTION to Stay re 50 MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members filed by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK. (Olson, Lisa) (Entered: 10/03/2012)	Oct. 3, 2012	Oct. 3, 2012
55	ORDER denying 52 Motion to Stay. For the reasons set forth in the attached Order, it is ORDERED that the Defendants' Motion to Stay Consideration of Plaintiffs' Motion for Protective Order is DENIED. It is further ORDERED that the defendants shall file their memorandum in opposition to the plaintiffs' motion on or before October 22, 2012. Signed by Judge Reggie B. Walton on 10-15-12. (lcrbw3) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012
56	Memorandum in opposition to re 51 MOTION to Dismiss First Amended Class Action Complaint filed by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR. (Attachments: # 1 Text of Proposed Order)(Feinberg, Adam) (Entered: 10/15/2012)	Oct. 15, 2012	Oct. 15, 2012
	Set/Reset Deadlines: Opposition due by 10/22/2012 (mpt)	Oct. 16, 2012	Oct. 16, 2012
57	Memorandum in opposition to re 50 MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members filed by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK. (Olson, Lisa) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012
58	REPLY to opposition to motion re 50 MOTION for Protective Order Regarding Defendants' Solicitation of Settlements with Putative Class Members filed by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR. (Feinberg, Adam) (Entered: 10/31/2012)	Oct. 31, 2012	Oct. 31, 2012
59	REPLY to opposition to motion re 51 MOTION to Dismiss First Amended Class Action Complaint filed by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, TOM J. VILSACK. (Olson, Lisa) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012
60	ORDER denying 50 Motion for Protective Order; granting 51 Motion to Dismiss. In accordance with the Memorandum Opinion issued this same date, it is ORDERED that the defendants' motion to dismiss is GRANTED. It is further ORDERED that this case is CLOSED, and all pending motions are DENIED as moot. Signed by Judge Reggie B. Walton on 12-11-12. (lcrbw3) (Entered: 12/11/2012)	Dec. 11, 2012	Dec. 11, 2012
61	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 12-11-12. (lcrbw3)	Dec. 11, 2012	Dec. 11, 2012 RECAP
62	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 60 Order on Motion for Protective Order, Order on Motion to Dismiss,, 61 Memorandum & Opinion by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR. Filing fee $ 455, receipt number 0090-3208723. Fee Status: Fee Paid. Parties have been notified. (Feinberg, Adam) (Entered: 02/05/2013)	Feb. 5, 2013	Feb. 5, 2013
63	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 2/5/13 re 62 Notice of Appeal to DC Circuit Court,. (td, ) (Entered: 02/06/2013)	Feb. 6, 2013	Feb. 6, 2013
	USCA Case Number 13-5044 for 62 Notice of Appeal to DC Circuit Court, filed by MODESTA SALAZAR, MODESTO RODRIGUEZ, DAVID CANTU, RUPERTO RODRIGUEZ, GUADALUPE GARCIA, NOE OBREGON. (td, )	Feb. 8, 2013	Feb. 8, 2013
64	TRANSCRIPT OF PROCEEDINGS before Magistrate Judge John M. Facciola. Status Conference held on 8/24/2012; Page Numbers: 1-47. Court Reporter/Transcriber Bowles Reporting Service, Court Reporter Email Address : brs-ct@sbcglobal.net.For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 4/26/2013. Redacted Transcript Deadline set for 5/6/2013. Release of Transcript Restriction set for 7/4/2013.(znmw, ) (Entered: 04/08/2013)	April 5, 2013	April 5, 2013
65	MANDATE of USCA (certified copy) as to 62 Notice of Appeal to DC Circuit Court, filed by MODESTA SALAZAR, MODESTO RODRIGUEZ, DAVID CANTU, RUPERTO RODRIGUEZ, GUADALUPE GARCIA, NOE OBREGON ; USCA Case Number 13-5044. ORDERED and ADJUDGED that the judgment of dismissal be reversed and the case remanded to the district court. (kb) (Entered: 08/13/2014)	Aug. 13, 2014	Aug. 13, 2014
66	NOTICE of Appearance by Laura G. Ferguson on behalf of DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR (Ferguson, Laura) (Entered: 10/09/2014)	Oct. 9, 2014	Oct. 9, 2014
67	NOTICE of Appearance by Andrew Dewald Herman on behalf of All Plaintiffs (Herman, Andrew) (Entered: 10/09/2014)	Oct. 9, 2014	Oct. 9, 2014
68	Consent MOTION for Briefing Schedule Regarding Defendants' Motion to Dismiss by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR (Attachments: # 1 Text of Proposed Order)(Feinberg, Adam) (Entered: 11/07/2014)	Nov. 7, 2014	Nov. 7, 2014
69	MOTION to Dismiss by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, THOMAS J. VILSACK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Olson, Lisa) (Entered: 11/25/2014)	Nov. 25, 2014	Nov. 25, 2014
70	NOTICE of Appearance by Jonathan D. Kossak on behalf of DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR (Kossak, Jonathan) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014
71	Memorandum in opposition to re 69 MOTION to Dismiss First Amended Class Action Complaint filed by DAVID CANTU, GUADALUPE GARCIA, NOE OBREGON, MODESTO RODRIGUEZ, RUPERTO RODRIGUEZ, MODESTA SALAZAR. (Attachments: # 1 Text of Proposed Order)(Feinberg, Adam) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015
72	Unopposed MOTION for Extension of Time to File Response/Reply as to 69 MOTION to Dismiss by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, THOMAS J. VILSACK (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 01/28/2015)	Jan. 28, 2015	Jan. 28, 2015
	MINUTE ORDER granting 72 Defendants' Unopposed Motion for Extension of Time. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the Defendants' Unopposed Motion for Extension of Time is GRANTED, and their reply in support of their motion to dismiss shall be filed on or before February 13, 2015. Signed by Judge Reggie B. Walton on 1/29/2015. (lcrbw3, )	Jan. 29, 2015	Jan. 29, 2015
	Set/Reset Deadlines: Reply due by 2/13/2015. (mpt, )	Jan. 30, 2015	Jan. 30, 2015
73	Unopposed MOTION for Extension of Time to File Response/Reply as to 69 MOTION to Dismiss by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, THOMAS J. VILSACK (Attachments: # 1 Text of Proposed Order)(Olson, Lisa) (Entered: 02/11/2015)	Feb. 11, 2015	Feb. 11, 2015
	MINUTE ORDER granting 73 Motion for Extension of Time to File Response/Reply. Upon consideration of the Defendants' Second Unopposed Motion for Extension of Time, and in light of the parties' consent, it is hereby ordered that the motion is GRANTED nunc pro tunc to February 13, 2015. It is further ORDERED that the defendants shall file their reply in support of their motion to dismiss on or before February 27, 2015. Signed by Judge Reggie B. Walton on February 16, 2015. (lcrbw2)	Feb. 16, 2015	Feb. 16, 2015
	Set/Reset Deadlines: Reply due by 2/27/2015. (mpt, )	Feb. 18, 2015	Feb. 18, 2015
74	REPLY to opposition to motion re 69 MOTION to Dismiss filed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, THOMAS J. VILSACK. (Olson, Lisa) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015
	MINUTE ORDER. In light of the pending motions before the Court, it is hereby ORDERED that the case is ADMINISTRATIVELY REOPENED. Signed by Judge Reggie B. Walton on May 14, 2015. (lcrbw1)	May 14, 2015	May 14, 2015
	.Order	May 14, 2015	May 14, 2015
75	STATUS REPORT by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, THOMAS J. VILSACK. (Attachments: # 1 Exhibit Exhibit A)(Olson, Lisa) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015
	MINUTE ORDER denying 68 Motion for Briefing Schedule. As the parties have already completed briefing for the defendants' pending motion to dismiss, it is hereby ORDERED that the plaintiffs' Consent Motion to Establish a Briefing Schedule for Defendants' Motion to Dismiss is DENIED AS MOOT. Signed by Judge Reggie B. Walton on September 21, 2015. (lcrbw1)	Sept. 21, 2015	Sept. 21, 2015
	Order on Motion for Briefing Schedule	Sept. 21, 2015	Sept. 21, 2015
76	STATUS REPORT Eleventh by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF AGRICULTURE. (Olson, Lisa) (Entered: 10/26/2015)	Oct. 26, 2015	Oct. 26, 2015