Case: Cantu v. United States

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

Filed Date: March 15, 2011

Closed Date: 2016

Clearinghouse coding complete

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…

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.

Summary Authors

Dan Osher (7/7/2013)

Asma Husain (2/21/2016)

Richa Bijlani (11/20/2019)

Related Cases

Garcia v. Vilsack, District of Columbia (2000)

Love v. Vilsack, District of Columbia (2000)

People

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


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)

Attorneys(s) 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)

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)

Attorneys(s) 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)

Attorneys(s) for Defendant

Cohen, Vincent H. (District of Columbia)

Delery, Stuart F. (District of Columbia)

Dover, Marleigh D. (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)

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
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
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

Docket

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

Last updated Aug. 30, 2022, 3:17 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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
20

NOTICE of Change of Address by Stephen S Hill (Hill, Stephen) (Entered: 09/02/2011)

Sept. 2, 2011

Sept. 2, 2011

PACER
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

PACER
22

MEMORANDUM by DAVID CANTU. (Attachments: # 1 Exhibit Cantu Exhibits 1-8)(Hill, Stephen) (Entered: 11/15/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
29

NOTICE of Change of Address by Stephen S Hill (Hill, Stephen) (Entered: 12/30/2011)

Dec. 30, 2011

Dec. 30, 2011

PACER
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

PACER
31

NOTICE of Charging Lien of Howrey LLP by DAVID CANTU (Murray, Christopher) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
61

MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 12-11-12. (lcrbw3) (Entered: 12/11/2012)

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

PACER
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

PACER
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, ) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

Set/Reset Deadlines: Reply due by 2/13/2015. (mpt, ) (Entered: 01/30/2015)

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) (Entered: 02/16/2015)

Feb. 16, 2015

Feb. 16, 2015

Set/Reset Deadlines: Reply due by 2/27/2015. (mpt, ) (Entered: 02/18/2015)

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

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) (Entered: 09/21/2015)

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

77

ORDER granting 69 Motion to Dismiss. For the reasons set forth in the attached Order, it is hereby ORDERED that the Defendants' Motion to Dismiss is GRANTED. It is further ORDERED that the plaintiffs' claims are DISMISSED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on March 1, 2016. (lcrbw1) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

78

NOTICE of Change of Address by Adam P. Feinberg (Feinberg, Adam) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

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

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs in Garcia v. Vilsack who are potential claimants in the Defendants' administrative claim process for Hispanic farmers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States, Federal

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Lending

Discrimination-basis:

National origin discrimination

National Origin/Ethnicity:

Hispanic