Case: Miller v. Vilsack

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)

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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)

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

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

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)

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)

Order on Application for Admission Pro Hac Vice

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)

*** 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)

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)

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

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

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

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)

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Order Receipt

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

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)

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)

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

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

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)

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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)

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

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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)

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

Order Receipt

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)

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

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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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)

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

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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)

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)

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

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)

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

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)

Order Receipt

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

Order on Application for Admission Pro Hac Vice

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

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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)

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)

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

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)

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)

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

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)

Order on Motion for Miscellaneous Relief

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

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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)

Order Receipt

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

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)

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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)

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)

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)

Modify Hearings/Deadlines

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

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)

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)

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)

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)

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)

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)

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)

Order Setting Deadline/Hearing

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

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)

Order Receipt

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

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

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)

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

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)

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

Order Receipt

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

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)

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

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)

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)

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

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

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

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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)

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