Case: Miller v. Vilsack

4:21-cv-00595 | U.S. District Court for the Northern District of Texas

Filed Date: April 26, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several challenging the American Rescue Plan’s (ARP) and U.S. Department of Agriculture’s (USDA) classification of “socially disadvantaged groups.” A white rancher from Texas filed a class action complaint in the U.S. District Court for the Northern District of Texas (Fort Worth) on April 26, 2021. The sole defendant was the secretary of the USDA. Plaintiff challenged Sections 1005 and 1006 of the ARP. These sections provided loan forgiveness to farmers and ranchers during t…

This case is one of several challenging the American Rescue Plan’s (ARP) and U.S. Department of Agriculture’s (USDA) classification of “socially disadvantaged groups.”

A white rancher from Texas filed a class action complaint in the U.S. District Court for the Northern District of Texas (Fort Worth) on April 26, 2021. The sole defendant was the secretary of the USDA. Plaintiff challenged Sections 1005 and 1006 of the ARP. These sections provided loan forgiveness to farmers and ranchers during the COVID-19 pandemic only if they qualified as a “socially disadvantaged farmer or rancher.” The USDA defined “socially disadvantaged” as a farmer or rancher who was from one or more of the following ethnic groups: African Americans, American Indians, Alaskan Natives, Asians, Hispanics, and Pacific Islanders. These groups were selected as they “have been subjected to racial or ethnic prejudice because of their identity[.]” Plaintiff alleged that USDA’s definition failed to “include white ethnic groups that have unquestionably suffered ethnic prejudice.” Plaintiff sought declaratory and injunctive relief and attorney’s fees. Plaintiff was represented by the America First Legal Foundation and private counsel. Judge Reed O'Connor was assigned.

Plaintiff cited three claims. First, the USDA’s “racial exclusions” violated the U.S. Constitution and Title VI of the Civil Rights Act of 1964. Second, in the alternative, the phrase “socially disadvantaged group” must be interpreted to include white ethnic groups that have suffered past prejudice or that the phrase “socially disadvantaged group” must be interpreted to include any individuals who have “any discernible trace of minority ancestry[.]” Plaintiff alleged that the ARP is “silent on how much minority ancestry is needed” to qualify. Additionally, plaintiff sought to certify a class of “all farmers and ranchers in the [U.S.] who are currently excluded from the [USDA’s] interpretation of ‘socially disadvantaged farmer or rancher.’”

Plaintiff filed an amended complaint, two motions for class certification, and a motion for a preliminary injunction on June 2, 2021. The amended complaint added four additional named plaintiffs and an additional proposed class. The four new named plaintiffs were all white farmers from Texas. The additional class was proposed by these four new plaintiffs as a "more narrow class of all farmers and ranchers in the United States who are encountering, or who will encounter, racial discrimination from the United States Department of Agriculture on account of section 1005 of the American Rescue Plan Act." On the same day, plaintiffs moved to certify both this new class and the class in the original complaint. Additionally, plaintiffs moved for a preliminary injunction to enjoin the USDA from forgiving loans based on race or ethnicity.

The USDA filed a response to plaintiff’s motion for a preliminary injunction on June 11, 2021. They argued that Congress authorized this loan forgiveness to remedy “well-documented, long standing racial discrimination in USDA loan programs[.]” Further, the classifications at issue were necessary to “ensure [USDA’s] pandemic relief efforts did not perpetuate the effects of that discrimination.”

The court certified both plaintiff classes and granted a preliminary injunction on July 1, 2021. The USDA was enjoined from “discriminating on account of race or ethnicity” in administering section 1005. The USDA filed a notice on the following day. It stated the USDA had stopped issuing payments under 1005 even before the court granted the preliminary injunction. However, the USDA had continued “preparatory steps” which included “sending offer letters to eligible borrowers, to enable prompt payments if later permitted."

The USDA declined to appeal Judge O'Connor's order within the requisite 60-day window, so, as of October 13, 2021, the preliminary injunction remains in place.

However, on October 6, the defendants filed a motion to dismiss the plaintiff's Title VI claims. USDA's lawyers argued that the civil rights statute did not apply to the administration of a government benefits program. That motion is currently pending.

In the early months of the case, several organizations representing minority farmers moved to intervene in support of the defendants, including the National Black Farmers Association (NBFA), Association of American Indian Farmers (AAIF), and the Federation of Southern Cooperatives/Land Assistance Fund. Many other groups filed amicus curiae briefs in support of the USDA's program.

This case is ongoing.

Summary Authors

Eric Gripp (8/1/2021)

Jonah Hudson-Erdman (10/13/2021)

Related Cases

Tiegs v. Vilsack, District of North Dakota (2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59854677/parties/miller-v-vilsack/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Fillmore, Charles W (Texas)

Hamilton, Gene Patrick (District of Columbia)

Mitchell, Jonathan F. (Texas)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Muraskin, David Samuel (District of Columbia)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Fillmore, Charles W (Texas)

Hamilton, Gene Patrick (District of Columbia)

Mitchell, Jonathan F. (Texas)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Muraskin, David Samuel (District of Columbia)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Other Attorney(s)

Bauer, Julie A. (Illinois)

Brender, Arthur J. Jr. (Texas)

Brinson, Kobi K (North Carolina)

Carter, Rebecca Anne (Illinois)

Chen, Randolph T (District of Columbia)

Culpepper, Jessica Leigh (District of Columbia)

Fa, Wencong M (California)

Hendler, Scott Martin (Texas)

Johnson Cooper, Chase (Texas)

Jordan, Alexandra Marie (Alabama)

Kashyap, Nisha (California)

Li-A-Ping, Janelle Alyssa (California)

Lombardi, George (Illinois)

Roper, Glenn E (California)

Rosenbaum, Mark Dale (California)

Stokes-Hough, Keisha LaJune (Alabama)

Webber, Rebecca (Texas)

Wilcox, Erin Elizabeth (California)

Documents in the Clearinghouse

Document

4:21-cv-00595

4:21-cv-00651

4:21-cv-00677

Docket [PACER]

Oct. 13, 2021

Oct. 13, 2021

Docket
1

4:21-cv-00595

Plaintiff's Class-Action Complaint

April 26, 2021

April 26, 2021

Complaint
11

4:21-cv-00595

Plaintiffs' First Amended Class-Action Complaint

June 2, 2021

June 2, 2021

Complaint
27

4:21-cv-00595

Defendant's Response in Opposition to Plaintiffs' Motion for Preliminary Injunction

June 11, 2021

June 11, 2021

Pleading / Motion / Brief
60

4:21-cv-00595

Order

July 1, 2021

July 1, 2021

Order/Opinion
61

4:21-cv-00595

Defendant's Notice Regarding Scope of Preliminary Injunction

July 2, 2021

July 2, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59854677/miller-v-vilsack/

Last updated Aug. 7, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Tom Vilsack filed by Sid Miller. (Filing fee $402; Receipt number 0539-11836648) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Cover Sheet) (Mitchell, Jonathan) (Entered: 04/26/2021)

1 Exhibit(s)

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2 Exhibit(s)

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3 Cover Sheet

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April 26, 2021

April 26, 2021

RECAP
2

New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
3

Summons issued as to Tom Vilsack, U.S. Attorney, and U.S. Attorney General. (sre) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sid Miller. (Mitchell, Jonathan) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
5

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11840612) filed by Sid Miller (Attachments: # 1 Additional Page(s) Certificate of Good Standing)Attorney Gene Patrick Hamilton added to party Sid Miller(pty:pla) (Hamilton, Gene) (Main Document 5 replaced with flattened image on 12/29/2021) (ajb). (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
6

ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Gene Hamilton. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 4/28/2021) (chmb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER

Order on Application for Admission Pro Hac Vice

April 28, 2021

April 28, 2021

PACER
7

Motion to Joinder Corey Lea as a Plaintiff and the Dept. of Agriculture as a Defendant Pursuant FRCP 20(a)(1)(b) Claim Against Plaintiff Sid Miller filed by Corey Lea. (pef) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

RECAP
8

*** Summons returned executed as to Tom Vilsack on 5/17/21 *** CERTIFICATE OF SERVICE by Sid Miller re 1 Complaint,,,, (Fillmore, H) Modified docket text on 5/18/2021 (wxc). (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
9

NOTICE of Attorney Appearance by Emily Sue Newton on behalf of Tom Vilsack. (Filer confirms contact info in ECF is current.) (Newton, Emily) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

RECAP
10

RESPONSE filed by Tom Vilsack re: 7 MOTION to Join (Attachments: # 1 Exhibit(s)) (Newton, Emily) (Entered: 05/25/2021)

1 Exhibit(s)

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May 25, 2021

May 25, 2021

PACER
14

MOTION for Leave to Amend Motion to Joinder filed by Corey Lea. (Attachments: # 1 Proposed Amendment) (sre) (Entered: 06/02/2021)

June 1, 2021

June 1, 2021

PACER
15

MOTION to Compel filed by Corey Lea. (sre) (Entered: 06/02/2021)

June 1, 2021

June 1, 2021

PACER
11

AMENDED COMPLAINT against Sid Miller, Greg Macha, James Meek, Lorinda OShaughnessy, Jeff Peters filed by Greg Macha, James Meek, Lorinda OShaughnessy, Jeff Peters. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s)) (Mitchell, Jonathan) (Entered: 06/02/2021)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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June 2, 2021

June 2, 2021

RECAP

Order Receipt

June 2, 2021

June 2, 2021

PACER
12

MOTION to Certify Class filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Mitchell, Jonathan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP
13

Brief/Memorandum in Support filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re 12 MOTION to Certify Class (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Proposed Order) (Mitchell, Jonathan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
16

ORDER: Before the Court is Plaintiffs' Motion for Class Certification (ECF No. 12 ), filed June 2, 2021. To efficiently resolve the Motion, the Government is ORDERED to file a response by June 11, 2021. Plaintiffs may file a reply by June 18, 2021. (Ordered by Judge Reed C. O'Connor on 6/2/2021) (pef) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:16. Wed Jun 2 16:54:08 CDT 2021 (crt)

June 2, 2021

June 2, 2021

PACER
17

MOTION for Injunction (Preliminary) filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Mitchell, Jonathan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP
18

Brief/Memorandum in Support filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re 17 MOTION for Injunction (Preliminary) (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Declaration(s), # 5 Declaration(s), # 6 Declaration(s), # 7 Declaration(s), # 8 Proposed Order) (Mitchell, Jonathan) (Entered: 06/02/2021)

8

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June 2, 2021

June 2, 2021

RECAP
19

ORDER deferring ruling on 17 Motion for Injunction and requiring expedited briefing. (Ordered by Judge Reed C. O'Connor on 6/2/2021) (Judge Reed C. O'Connor) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Thu Jun 3 08:05:51 CDT 2021 (crt)

June 3, 2021

June 3, 2021

PACER

Order Receipt

June 3, 2021

June 3, 2021

PACER
20

NOTICE of Attorney Appearance by Kyla Marie Snow on behalf of Tom Vilsack. (Filer confirms contact info in ECF is current.) (Snow, Kyla) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
21

MOTION for Leave to File Brief in Excess of 25 Pages filed by Tom Vilsack (Snow, Kyla) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP

Order Receipt

June 7, 2021

June 7, 2021

PACER
22

ORDER: Defendant's Motion for Leave to File Response Brief in Excess of 25 Pages 21 should be and is GRANTED. (Ordered by Judge Reed C. O'Connor on 6/7/2021) (sre) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:22. Mon Jun 7 10:53:24 CDT 2021 (crt)

June 7, 2021

June 7, 2021

PACER
23

MOTION Leave to Proceed Without Local Counsel filed by National Black Farmers Association (NBFA), Association of American Indian Farmers (AAIF) (Attachments: # 1 Exhibit(s) A - Declaration of Scott Hendler, # 2 Proposed Order Granting Motion for Leave). Party National Black Farmers Association (NBFA) and the Association of American Indian Farmers (AAIF) added.Attorney Scott Martin Hendler added to party National Black Farmers Association (NBFA) (pty:intvd), Attorney Scott Martin Hendler added to party Association of American Indian Farmers (AAIF)(pty:intvd) (Hendler, Scott) (Entered: 06/09/2021)

1 Exhibit(s) A - Declaration of Scott Hendler

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2 Proposed Order Granting Motion for Leave

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June 9, 2021

June 9, 2021

RECAP
24

Unopposed MOTION to Intervene as Defendants and MEMORANDUM of Law In Support Of - filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Proposed Amendment PROPOSED Answer to Plaintiffs' First Amended Complaint by PROPOSED Defendant-Intervenors NBFA and AAIF) (Hendler, Scott) (Entered: 06/09/2021)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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5 Proposed Amendment PROPOSED Answer to Plaintiffs' First Amended Complaint b

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June 9, 2021

June 9, 2021

RECAP
25

NOTICE of Supplemental Authority filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
26

NOTICE of Attorney Appearance by Michael Fraser Knapp on behalf of Tom Vilsack. (Filer confirms contact info in ECF is current.) (Knapp, Michael) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
27

RESPONSE filed by Tom Vilsack re: 17 MOTION for Injunction (Preliminary) (Attachments: # 1 Exhibit(s) A - Cobb Declaration, # 2 Exhibit(s) B - Agriculture and Human Values Journal) (Snow, Kyla) (Entered: 06/11/2021)

1 Exhibit(s) A - Cobb Declaration

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2 Exhibit(s) B - Agriculture and Human Values Journal

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June 11, 2021

June 11, 2021

RECAP
28

RESPONSE filed by Tom Vilsack re: 12 MOTION to Certify Class (Knapp, Michael) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

RECAP
29

MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4) (Hendler, Scott) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
32

REPLY filed by Corey Lea re 7 Motion to Joinder. (sre) (Entered: 06/15/2021)

June 14, 2021

June 14, 2021

PACER
30

ORDER: Before the Court is third parties National Black Farmers Association's and the Association of American Indian Farmers' Motion for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction 29, filed June 11, 2021. Having considered the Motion, and good cause having been shown, the Court finds that it should be and is GRANTED. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 6/15/2021) (sre) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP

Order Receipt

June 15, 2021

June 15, 2021

PACER
31

Proposed AMICUS BRIEF Of the National Black Farmers Association and the Association of American Indian Farmers in Opposition to Plaintiff's 17 Motion for Preliminary Injunction filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA). (sre) Docket text modified on 12/8/2021 (twd). (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Tue Jun 15 09:48:26 CDT 2021 (crt)

June 15, 2021

June 15, 2021

PACER
33

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jessica L. Culpepper (Filing fee $100; Receipt number 0539-11979912) filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Hendler, Scott) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
34

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David S. Muraskin (Filing fee $100; Receipt number 0539-11980016) filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Hendler, Scott) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
35

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Randolph T. Chen (Filing fee $100; Receipt number 0539-11980065) filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Hendler, Scott) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
36

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Rebecca R. Webber (Filing fee $100; Receipt number 0539-11980094) filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Hendler, Scott) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
37

ELECTRONIC ORDER granting 33 Application for Admission Pro Hac Vice of Jessica L. Culpepper. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/16/2021) (chmb)(lcmhn) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
38

ELECTRONIC ORDER granting 34 Application for Admission Pro Hac Vice of David S. Muraskin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/16/2021) (chmb)(lcmhn) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
39

ELECTRONIC ORDER granting 35 Application for Admission Pro Hac Vice of Randolph T. Chen. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/16/2021) (chmb)(lcmhn) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
40

ELECTRONIC ORDER granting 36 Application for Admission Pro Hac Vice of Rebecca R. Webber. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/16/2021) (chmb)(lcmhn) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER

Order on Application for Admission Pro Hac Vice

June 16, 2021

June 16, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:37,38,39,40. Thu Jun 17 12:39:29 CDT 2021 (crt)

June 17, 2021

June 17, 2021

PACER

Order Receipt

June 17, 2021

June 17, 2021

PACER
41

REPLY filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re: 12 MOTION to Certify Class (Mitchell, Jonathan) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

RECAP
42

REPLY filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re: 17 MOTION for Injunction (Preliminary) (Mitchell, Jonathan) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

RECAP
43

MOTION to Intervene filed by Lee Perry. (sre) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

RECAP
44

NOTICE of Supplemental Authority filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
45

MOTION for Leave to File Reply Brief in Excess of 10 Pages filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
46

ELECTRONIC ORDER granting 45 Motion (Ordered by Judge Reed C. O'Connor on 6/24/2021) (chmb) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
47

NOTICE of CORRECTION re: 34 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney David S. Muraskin (Filing fee $100; Receipt number 0539-11980016) filed by Association of American Indian Farmers (AAIF), National Black Farmers Association (NBFA) (Hendler, Scott) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER

Order on Motion for Miscellaneous Relief

June 24, 2021

June 24, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Fri Jun 25 13:25:24 CDT 2021 (crt)

June 25, 2021

June 25, 2021

PACER

Order Receipt

June 25, 2021

June 25, 2021

PACER
48

ORDER: A preliminary-injunction hearing will be held on June 30, 2021, at 2:00 P.M. in the Eldon B. Mahon Courthouse, 501 W. 10th Street, 2nd floor courtroom, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 6/28/2021) (bdb) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

RECAP

Order Receipt

June 28, 2021

June 28, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:48. Mon Jun 28 11:09:54 CDT 2021 (crt)

June 28, 2021

June 28, 2021

PACER
49

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction in part () filed by Tom Vilsack (Attachments: # 1 Proposed Order) (Knapp, Michael) (Entered: 06/29/2021)

1 Proposed Order

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June 29, 2021

June 29, 2021

RECAP
50

Brief/Memorandum in Support filed by Tom Vilsack re 49 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction in part (Knapp, Michael) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

RECAP
51

ANSWER to Complaint filed by Tom Vilsack. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Knapp, Michael) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

RECAP
52

ELECTRONIC ORDER: Motion Hearing reset for 6/30/2021 03:00 PM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 6/30/2021) (chmb) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Modify Hearings/Deadlines

June 30, 2021

June 30, 2021

PACER

Hearing/Deadline Modification: Hearing reset per 52 . (sre)

June 30, 2021

June 30, 2021

PACER
53

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12015310) filed by Rural Coalition, Intertribal Agriculture Council, North Carolina Association of Black Lawyers Land Loss Prevention Project, Natural Resources Defense Council, Inc., Rural Advancement Fund of the National Sharecroppers Fund, Inc., National Latino Farmers and Ranchers Trade Association, American Indian Mothers, Inc., Cottage House Incorporation, Family Farm Defenders, Kansas Black Farmers Association, National Young Farmers Coalition, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Texas Coalition of Rural Landowners, World Farmers, Inc.,, Farm Aid, National Family Farm Coalition, HEAL Food Alliance, Rural Advancement Foundation International-USA, National Sustainable Agriculture Coalition, Community Farm Alliance, Women, Food, and Agriculture Network, Steward Holdings, Concerned Citizens of Tillery, Black Farmers and Agriculturalists Association, California FarmLink (Attachments: # 1 Exhibit(s) Alabama Certificate of Good Standing, # 2 Proposed Order Proposed Order). Party Rural Coalition added.Attorney Alexandra Marie Jordan added to party Rural Coalition(pty:am), Attorney Alexandra Marie Jordan added to party Intertribal Agriculture Council(pty:am), Attorney Alexandra Marie Jordan added to party North Carolina Association of Black Lawyers Land Loss Prevention Project(pty:am), Attorney Alexandra Marie Jordan added to party Natural Resources Defense Council, Inc.(pty:am), Attorney Alexandra Marie Jordan added to party Rural Advancement Fund of the National Sharecroppers Fund, Inc.(pty:am), Attorney Alexandra Marie Jordan added to party National Latino Farmers and Ranchers Trade Association(pty:am), Attorney Alexandra Marie Jordan added to party American Indian Mothers, Inc.(pty:am), Attorney Alexandra Marie Jordan added to party Cottage House Incorporation(pty:am), Attorney Alexandra Marie Jordan added to party Family Farm Defenders(pty:am), Attorney Alexandra Marie Jordan added to party Kansas Black Farmers Association(pty:am), Attorney Alexandra Marie Jordan added to party National Young Farmers Coalition(pty:am), Attorney Alexandra Marie Jordan added to party Oklahoma Black Historical Research Project, Inc.(pty:am), Attorney Alexandra Marie Jordan added to party Operation Spring Plant, Inc.(pty:am), Attorney Alexandra Marie Jordan added to party Texas Coalition of Rural Landowners(pty:am), Attorney Alexandra Marie Jordan added to party World Farmers, Inc., (pty:am), Attorney Alexandra Marie Jordan added to party Farm Aid(pty:am), Attorney Alexandra Marie Jordan added to party National Family Farm Coalition(pty:am), Attorney Alexandra Marie Jordan added to party HEAL Food Alliance(pty:am), Attorney Alexandra Marie Jordan added to party Rural Advancement Foundation International-USA(pty:am), Attorney Alexandra Marie Jordan added to party National Sustainable Agriculture Coalition(pty:am), Attorney Alexandra Marie Jordan added to party Community Farm Alliance(pty:am), Attorney Alexandra Marie Jordan added to party Women, Food, and Agriculture Network(pty:am), Attorney Alexandra Marie Jordan added to party Steward Holdings(pty:am), Attorney Alexandra Marie Jordan added to party Concerned Citizens of Tillery(pty:am), Attorney Alexandra Marie Jordan added to party Black Farmers and Agriculturalists Association(pty:am), Attorney Alexandra Marie Jordan added to party California FarmLink(pty:am) (Jordan, Alexandra) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
54

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12015619) filed by American Indian Mothers, Inc., Black Farmers and Agriculturalists Association, California FarmLink, Community Farm Alliance, Concerned Citizens of Tillery, Cottage House Incorporation, Family Farm Defenders, Farm Aid, HEAL Food Alliance, Intertribal Agriculture Council, Kansas Black Farmers Association, National Family Farm Coalition, National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition, National Young Farmers Coalition, Natural Resources Defense Council, Inc., North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA, Rural Advancement Fund of the National Sharecroppers Fund, Inc., Rural Coalition, Steward Holdings, Texas Coalition of Rural Landowners, Women, Food, and Agriculture Network, World Farmers, Inc., (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order for Admission Pro Hac Vice)Attorney Keisha LaJune Stokes-Hough added to party American Indian Mothers, Inc.(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Black Farmers and Agriculturalists Association(pty:am), Attorney Keisha LaJune Stokes-Hough added to party California FarmLink(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Community Farm Alliance(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Concerned Citizens of Tillery(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Cottage House Incorporation(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Family Farm Defenders(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Farm Aid(pty:am), Attorney Keisha LaJune Stokes-Hough added to party HEAL Food Alliance(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Intertribal Agriculture Council(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Kansas Black Farmers Association(pty:am), Attorney Keisha LaJune Stokes-Hough added to party National Family Farm Coalition(pty:am), Attorney Keisha LaJune Stokes-Hough added to party National Latino Farmers and Ranchers Trade Association(pty:am), Attorney Keisha LaJune Stokes-Hough added to party National Sustainable Agriculture Coalition(pty:am), Attorney Keisha LaJune Stokes-Hough added to party National Young Farmers Coalition(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Natural Resources Defense Council, Inc.(pty:am), Attorney Keisha LaJune Stokes-Hough added to party North Carolina Association of Black Lawyers Land Loss Prevention Project(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Oklahoma Black Historical Research Project, Inc.(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Operation Spring Plant, Inc.(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Rural Advancement Foundation International-USA(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Rural Advancement Fund of the National Sharecroppers Fund, Inc.(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Rural Coalition(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Steward Holdings(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Texas Coalition of Rural Landowners(pty:am), Attorney Keisha LaJune Stokes-Hough added to party Women, Food, and Agriculture Network(pty:am), Attorney Keisha LaJune Stokes-Hough added to party World Farmers, Inc., (pty:am) (Stokes-Hough, Keisha) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
55

NOTICE of Attorney Appearance by Arthur John Brender on behalf of American Indian Mothers, Inc., Black Farmers and Agriculturalists Association, California FarmLink, Community Farm Alliance, Concerned Citizens of Tillery, Cottage House Incorporation, Family Farm Defenders, Farm Aid, HEAL Food Alliance, Intertribal Agriculture Council, Kansas Black Farmers Association, National Family Farm Coalition, National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition, National Young Farmers Coalition, Natural Resources Defense Council, Inc., North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA, Rural Advancement Fund of the National Sharecroppers Fund, Inc., Rural Coalition, Steward Holdings, Texas Coalition of Rural Landowners, Women, Food, and Agriculture Network, World Farmers, Inc.,. (Filer confirms contact info in ECF is current.). Party Amicus Curiae added. (Brender, Arthur) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
56

Unopposed MOTION for Leave to File Amicus Curiae Brief in Opposition to 17 Plaintiffs' Motion for Preliminary Injunction filed by American Indian Mothers, Inc., Black Farmers and Agriculturalists Association, California FarmLink, Community Farm Alliance, Concerned Citizens of Tillery, Cottage House Incorporation, Family Farm Defenders, Farm Aid, HEAL Food Alliance, Intertribal Agriculture Council, Kansas Black Farmers Association, National Family Farm Coalition, National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition, National Young Farmers Coalition, Natural Resources Defense Council, Inc., North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA, Rural Advancement Fund of the National Sharecroppers Fund, Inc., Rural Coalition, Steward Holdings, Texas Coalition of Rural Landowners, Women, Food, and Agriculture Network, World Farmers, Inc., (Brender, Arthur) Modified document relationship on 7/1/2021 (bdb). (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
57

Brief/Memorandum in Support 56 Motion filed by American Indian Mothers, Inc., Black Farmers and Agriculturalists Association, California FarmLink, Community Farm Alliance, Concerned Citizens of Tillery, Cottage House Incorporation, Family Farm Defenders, Farm Aid, HEAL Food Alliance, Intertribal Agriculture Council, Kansas Black Farmers Association, National Family Farm Coalition, National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition, National Young Farmers Coalition, Natural Resources Defense Council, Inc., North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA, Rural Advancement Fund of the National Sharecroppers Fund, Inc., Rural Coalition, Steward Holdings, Texas Coalition of Rural Landowners, Women, Food, and Agriculture Network, World Farmers, Inc., re 56 Unopposed MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction (Brender, Arthur) Modified document link on 7/1/2021 (bdb). (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
58

Appendix in Support 56 Motion filed by American Indian Mothers, Inc., Black Farmers and Agriculturalists Association, California FarmLink, Community Farm Alliance, Concerned Citizens of Tillery, Cottage House Incorporation, Family Farm Defenders, Farm Aid, HEAL Food Alliance, Intertribal Agriculture Council, Kansas Black Farmers Association, National Family Farm Coalition, National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition, National Young Farmers Coalition, Natural Resources Defense Council, Inc., North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA, Rural Advancement Fund of the National Sharecroppers Fund, Inc., Rural Coalition, Steward Holdings, Texas Coalition of Rural Landowners, Women, Food, and Agriculture Network, World Farmers, Inc., re 57 Brief/Memorandum in Support of Motion,,,, 56 Unopposed MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I) (Brender, Arthur) Modified document link on 7/1/2021 (bdb). (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
59

ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 6/30/2021 re 17 Motion for Injunction filed by Greg Macha, Sid Miller, Lorinda OShaughnessy, James Meek, Jeff Peters. re: 17 MOTION for Injunction (Preliminary) Attorney Appearances: Plaintiff - Gene Hamilton; Defense - Emily Newton. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - 1:54. (chmb) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Order Setting Deadline/Hearing

June 30, 2021

June 30, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:52. Thu Jul 1 13:05:03 CDT 2021 (crt)

July 1, 2021

July 1, 2021

PACER
60

ORDER: Before the Court are Plaintiffs' Motion for Class Certification 12 - 13, filed June 2, 2021; the Government's Response 28, filed June 11, 2021; Plaintiffs' Reply 41, filed June 18, 2021; Plaintiffs' Motion for Preliminary Injunction 17 - 18, filed June 2, 2021; the Government's Response 27, filed June 11, 2021; and Plaintiffs' Reply 42, filed June 18, 2021. Plaintiffs seek a preliminary injunction to enjoin the Department of Agriculture from providing loan forgiveness to farmers and ranchers on the basis of race or ethnicity. See Inj. Mot., 18 . Having considered the briefing, relevant facts, and applicable law, and for the reasons set forth below, the Court GRANTS both motions. (Ordered by Judge Reed C. O'Connor on 7/1/2021) (sre) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

RECAP

Order Receipt

July 1, 2021

July 1, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:60. Thu Jul 1 15:15:35 CDT 2021 (crt)

July 1, 2021

July 1, 2021

PACER
61

NOTICE Regarding Scope of Preliminary Injunction filed by Tom Vilsack (Newton, Emily) Modified document title on 7/6/2021 (bdb). (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
62

ORDER: Response due by 7/5/2021. Reply due by 7/6/2021. re: 61 Notice (Other) (Ordered by Judge Reed C. O'Connor on 7/3/2021) (chmb) (Entered: 07/03/2021)

July 3, 2021

July 3, 2021

RECAP
63

RESPONSE filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re: 61 Notice (Other) (Mitchell, Jonathan) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

RECAP
64

MOTION to Amend/Correct 60 Order,,,, Terminate Motions,,, filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Mitchell, Jonathan) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:62. Tue Jul 6 07:36:53 CDT 2021 (crt)

July 6, 2021

July 6, 2021

PACER

Order Receipt

July 6, 2021

July 6, 2021

PACER
65

REPLY filed by Tom Vilsack re: 61 Notice (Other) (Newton, Emily) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
66

ORDER: Before the Court are the Government's Notice, informing the Court of its interpretation of this Courts injunction Order 60 ; filed July 2, 2021; Plaintiffs' Response 63, filed July 5, 2021; Plaintiffs' Motion to Amend 64, filed July 5, 2021; and the Government's Reply 65, filed July 6, 2021. Plaintiffs may file a sur-reply by July 8, 2021. Additionally, the Court ORDERS the parties to meet and confer and submit a joint report by July 16, 2021, informing the Court how this case will proceed. In addition to anything else the parties find pertinent, the report should address a proposed plan for the conduct of discovery, Plaintiffs' notification of class members, and whether the parties anticipate the case going to trial. (Ordered by Judge Reed C. O'Connor on 7/7/2021) (sre) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

RECAP

Order Receipt

July 7, 2021

July 7, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:66. Wed Jul 7 15:53:29 CDT 2021 (crt)

July 7, 2021

July 7, 2021

PACER
67

Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 6/30/2021 before Judge Reed O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817-850-6630. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (100 pages) Redaction Request due 7/28/2021. Redacted Transcript Deadline set for 8/9/2021. Release of Transcript Restriction set for 10/5/2021. (zow) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
68

Sur-reply filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters re: 61 Notice (Mitchell, Jonathan) Modified document relationship on 7/9/2021 (bdb). (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
69

RESPONSE filed by Tom Vilsack re: 43 MOTION to Intervene (Newton, Emily) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
70

Joint STATUS REPORT filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters. (Mitchell, Jonathan) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

RECAP
71

MOTION for Extension of Time to File Response/Reply to 49 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction in part, 50 Brief/Memorandum in Support of Motion filed by Greg Macha, James Meek, Sid Miller, Lorinda OShaughnessy, Jeff Peters (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/16/2021)

1 Proposed Order

View on PACER

July 16, 2021

July 16, 2021

PACER
72

ORDER: Before the Court is Plaintiff's Unopposed Motion to Extend Deadline to Respond to Defendants Motion to Dismiss 71, filed July 16, 2021. The Court, having considered the Motion, finds that it should be and is hereby GRANTED. The new response date shall be the seventh day after the defendants either file a notice of interlocutory appeal or the time for seeking such an appeal expires. (Ordered by Judge Reed C. O'Connor on 7/20/2021) (sre) (Main Document 72 replaced on 7/20/2021) (sre). (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

RECAP

Order Receipt

July 20, 2021

July 20, 2021

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: April 26, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All farmers and ranchers in the United States who are encountering, or who will encounter, racial discrimination from the United States Department of Agriculture on account of section 1005 of the American Rescue Plan Act and All farmers and ranchers in the United States who are currently excluded from the definition of ‘socially disadvantaged farmer or rancher,’ as defined in 7 U.S.C. § 2279(a)(5)–(6) and as interpreted by the Department of Agriculture

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Agriculture (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Funding

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

White

Benefit Source:

American Rescue Plan (ARP)