Case: Wynn v. Vilsack

3:21-cv-00514 | U.S. District Court for the Middle District of Florida

Filed Date: May 18, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought challenging the American Rescue Plan (ARP) and U.S. Department of Agriculture’s (USDA) classification of “socially disadvantaged groups.”A white farmer filed suit in the U.S. District Court for the Middle District of Florida (Jacksonville) on May 18, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA’s Farm Service Agency (FSA). The plaintiff challenged Section 1005 of ARP which offered loan forgivene…

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

A white farmer filed suit in the U.S. District Court for the Middle District of Florida (Jacksonville) on May 18, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA’s Farm Service Agency (FSA). The plaintiff challenged Section 1005 of ARP which offered loan forgiveness only to farmers who qualified as “socially disadvantaged.” The USDA, for purposes of Section 1005, defined a “socially disadvantaged group” as African Americans, American Indians, Alaska Natives, Hispanics, Asians, and Pacific Islanders. The plaintiff claimed that "[b]ut for his race, [he] would be eligible" under Section 1005 and argued that Section 1005 violated the Fifth Amendment’s guarantee of equal protection and violated the Administrative Procedure Act (APA). The plaintiff asserted that Section 1005’s blanket classifications were not narrowly tailored nor “intended or designed to remedy specific instances of racial discrimination” as required. He further argued that because Section 1005 violated equal protection, the USDA’s adherence to it would be an “unlawful agency action” under the APA. Relief sought included declaratory relief; preliminary and permanent injunctive relief enjoining Section 1005's racial classifications; $1 in nominal damages; and attorney’s fees. The plaintiff was represented by the Pacific Legal Foundation. District Judge Marcia Morales Howard was assigned to the case.

The plaintiff moved for a preliminary injunction on May 25, 2021, seeking to enjoin the USDA from limiting loan assistance only to “socially disadvantaged” farmers under Section 1005. In the alternative, the motion sought to enjoin Section 1005 entirely. The government filed a response to this motion on June 4, 2021. It cited a history of discrimination by past USDA programs against those now designated as “socially disadvantaged” and lawsuits from the late 1990s through the 2000s challenging discrimination in USDA farming loans and other benefits, alleging that discrimination continued even after the plaintiffs in these prior lawsuits secured relief. With that in mind, the defendants cited evidence of Congress’ apparent intent to pass Section 1005 to specifically remedy this past discrimination and prevent it from continuing with the ARP's COVID-19 relief.

The court granted the preliminary injunction on June 23, 2021. The defendants were enjoined until further notice from issuing any payments or loan forgiveness under Section 1005(a)(2) of the ARP. 2021 WL 2580678.

The defendants moved to stay all proceedings pending the resolution of the class action challenges to Section 1005 in Miller v. Vilsack (PB-TX-0017) on July 12, 2021. In Miller, the district court had both preliminarily enjoined the enforcement of Section 1005 and certified two classes of farmers bringing similar claims of discrimination.

As of November 11, 2021, this motion is still pending. In the meantime, the parties have begun the discovery process.

Summary Authors

Eric Gripp (8/9/2021)

Jonah Hudson-Erdman (11/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59915164/parties/wynn-v-vilsack/


Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Martin, Christina Marie (Florida)

Ortner, Daniel M. (California)

Roper, Glenn Evans (Colorado)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Newton, Emily Sue (District of Columbia)

Judge(s)

Howard, Marcia Morales (Florida)

Klindt, James R. (Florida)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Martin, Christina Marie (Florida)

Ortner, Daniel M. (California)

Roper, Glenn Evans (Colorado)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Other Attorney(s)

Chen, Randolph T (District of Columbia)

Culpepper, Jessica Leigh (District of Columbia)

Muraskin, David Samuel (District of Columbia)

Varnell, Janet R. (Florida)

Warwick, Brian W (Florida)

Documents in the Clearinghouse

Document

3:21-cv-00514

Docket [PACER]

Nov. 10, 2021

Nov. 10, 2021

Docket
1

3:21-cv-00514

Complaint Challenge to Constitutionality of Section 1005 of American Rescue Plan Act of 2021 Injunctive and Declaratory Relief Requested

May 18, 2021

May 18, 2021

Complaint
22

3:21-cv-00514

Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunction

June 4, 2021

June 4, 2021

Pleading / Motion / Brief
41

3:21-cv-00514

Order

2021 WL 2580678

June 29, 2021

June 29, 2021

Order/Opinion
45

3:21-cv-00514

Defendants' Motion for an Administrative Stay Pending Resolution of Defendants' Stay Motion

July 12, 2021

July 12, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59915164/wynn-v-vilsack/

Last updated June 3, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Filing fee $ 402 receipt number AFLMDC-18264397) filed by Scott Wynn. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Thomas Vilsack, # 3 Proposed Summons to Zach Ducheneaux)(Martin, Christina) (Entered: 05/18/2021)

1 Civil Cover Sheet

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2 Proposed Summons to Thomas Vilsack

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3 Proposed Summons to Zach Ducheneaux

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May 18, 2021

May 18, 2021

RECAP
2

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge James R. Klindt. New case number: 3:21-cv-0514-MMH-JRK. (SJB) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
3

CERTIFICATE of interested persons and corporate disclosure statement by Scott Wynn. (Martin, Christina) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER

Case Assigned/Reassigned

May 18, 2021

May 18, 2021

PACER
4

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER

Notice to Counsel of Local Rule

May 19, 2021

May 19, 2021

PACER
5

MOTION for Wencong Fa to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275740 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
6

MOTION for Daniel M. Ortner to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275777 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
7

MOTION for Glenn E. Roper to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275796 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
8

ORDER granting 5, 6, and 7 Motions to Appear Pro Hac Vice and Written Designations and Consents to Act. Wencong Fa, Daniel M. Ortner, and Glenn E. Roper are permitted to appear pro hac vice on behalf of Plaintiff. Mr. Fa, Mr. Ortner, and Mr. Roper shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so.Signed by Magistrate Judge James R. Klindt on 5/21/2021. (MDC) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
9

SUMMONS issued as to Thomas J. Vilsack. (RH) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
10

SUMMONS issued as to Zach Ducheneaux. (RH) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
11

MOTION for Preliminary Injunction by Scott Wynn. (Attachments: # 1 Text of Proposed Order Granting Motion for Preliminary Injunction)(Fa, Wencong) (Entered: 05/25/2021)

1 Text of Proposed Order Granting Motion for Preliminary Injunction

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May 25, 2021

May 25, 2021

RECAP
12

DECLARATION of Scott Wynn re 11 MOTION for Preliminary Injunction by Scott Wynn. (Fa, Wencong) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
13

ORDER: Plaintiff's Motion for Preliminary Injunction (Doc. 11) is TAKEN UNDER ADVISEMENT. Plaintiff is DIRECTED to immediately serve Defendants and notify the Court when service has been completed. See Order for details. Signed by Judge Marcia Morales Howard on 5/26/2021. (DKM) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
14

NOTICE by Scott Wynn re 13 Order pdf regarding Service of Motion for Preliminary Injunction and Complaint (Attachments: # 1 Exhibit A - Affidavit and USPS receipts)(Fa, Wencong) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
15

SUMMONS returned executed by Scott Wynn. Zach Ducheneaux served on 5/26/2021, answer due 7/26/2021; Thomas J. Vilsack served on 5/26/2021, answer due 7/26/2021. (Attachments: # 1 Exhibit A - Affidavit of Service on AUSA, # 2 Exhibit B - Certified Mail Receipts)(Fa, Wencong) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
16

ORDER regarding 11 Plaintiff's Motion for Preliminary Injunction. A hearing on the motion is set for either June 15, 2021, at 2:00 p.m. or June 16, 2021, at 10:00 a.m. Defendants shall have until June 4, 2021, at 1:00 p.m. to file a response. Plaintiff shall have until June 9, 2021, at 1:00 p.m. to file a reply, which shall not exceed ten pages. See Order for additional details. Signed by Judge Marcia Morales Howard on 5/27/2021. (JW) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
17

ENDORSED ORDER directing counsel for Plaintiff to immediately serve 16 the Order entered on May 27, 2021, upon Defendants. After doing so, counsel for Plaintiff shall file a notice of compliance with the Court. Signed by Judge Marcia Morales Howard on 5/28/2021. (JW) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
18

NOTICE of Appearance by Emily Newton on behalf of Zach Ducheneaux, Thomas J. Vilsack (Newton, Emily) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
19

NOTICE of compliance re 17 Order by Scott Wynn (Fa, Wencong) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER

Order

May 28, 2021

May 28, 2021

PACER
20

MOTION for Leave to File Response Brief in Excess of 20 Pages by All Defendants. (Snow, Kyla) (Modified on 6/2/2021, to edit text) (BGR). (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
21

ENDORSED ORDER: Defendants' Motion for Leave to File Response Brief in Excess of 20 Pages 20 is GRANTED in part and DENIED in part. Defendants' response in opposition to Plaintiff's Motion for Preliminary Injunction 11 shall not exceed forty pages in length. Plaintiff's reply brief shall not exceed twenty pages in length. Signed by Judge Marcia Morales Howard on 6/2/2021. (DKM) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER

*Order no pdf

June 2, 2021

June 2, 2021

PACER
22

RESPONSE re 11 MOTION for Preliminary Injunction by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit Table of Authorities, # 2 Exhibit)(Newton, Emily) (Entered: 06/04/2021)

1 Exhibit Table of Authorities

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2 Exhibit

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June 4, 2021

June 4, 2021

RECAP
23

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by Scott Wynn. (Attachments: # 1 Exhibit 1 - Decl. of Cobb)(Fa, Wencong) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
24

NOTICE of Appearance by Janet R. Varnell on behalf of The National Black Farmers Association, Association of American Indian Farmers (Varnell, Janet) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
25

MOTION for Leave to File Amicus Brief by Association of American Indian Farmers, The National Black Farmers Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Varnell, Janet) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
26

ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, 2021, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 6/11/2021. (JW) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
27

MOTION for David S. Muraskin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355283 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
28

NOTICE of supplemental authority re 11 MOTION for Preliminary Injunction by Scott Wynn. (Attachments: # 1 Exhibit 1 - Decision Granting TRO)(Fa, Wencong) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
29

MOTION for Randolph T. Chen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355304 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
30

MOTION for Jessica L. Culpepper to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355316 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

Order

June 11, 2021

June 11, 2021

PACER
31

ORDER granting 27, 29, and 30 Motions for Special Admission of Non-Resident Lawyers. David S. Muraskin, Randolph T. Chen, and Jessica L. Culpepper are permitted to appear pro hac vice on behalf of Proposed Amici Curiae the National Black Farmers Association and the Association of American Indian Farmers. Mr. Muraskin, Mr. Chen, and Ms. Culpepper shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so. Signed by Magistrate Judge James R. Klindt on 6/14/2021. (MDC) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
32

ORDER permitting members of the press to enter the courthouse with laptops, tablets, and/or cell phones for tomorrow's preliminary injunction hearing. See Order for details and instructions on prohibited live transmission and audio/video recording. Signed by Judge Marcia Morales Howard on 6/15/2021. (MAM) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

RECAP
33

MOTION for Leave to Intervene as Defendants by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) (Modified on 6/16/2021, to edit text) (BGR). (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
34

MEMORANDUM in support re 33 Motion to Intervene filed by Association of American Indian Farmers, The National Black Farmers Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Varnell, Janet) (Entered: 06/15/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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June 15, 2021

June 15, 2021

PACER
35

ANSWER and affirmative defenses to 1 Complaint by Association of American Indian Farmers, The National Black Farmers Association.(Varnell, Janet) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
36

Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 6/16/2021; granting 25 The National Black Farmers Association and the Association of American Indian Farmers' Opposed Motion for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction; granting, in part, and deferring, in part, 33 The National Black Farmers Association and the Association of American Indian Farmers' Opposed Conditional Motion for Leave to Intervene as Defendants; taking under advisement 11 Plaintiff's Motion for Preliminary Injunction. Notice due June 22, 2021. See Minutes for additional details. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
37

TRANSCRIPT of Preliminary Injunction hearing held on June 16, 2021 before Judge Marcia Morales Howard. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/12/2021 Redacted Transcript Deadline set for 7/22/2021 Release of Transcript Restriction set for 9/20/2021. (CLP) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

RECAP
38

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

Notice to counsel of filing of official transcript

June 21, 2021

June 21, 2021

PACER
39

NOTICE of a related action per Local Rule 1.07(c) by Scott Wynn. Related case(s): Yes (Fa, Wencong) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
40

NOTICE by Zach Ducheneaux, Thomas J. Vilsack (Newton, Emily) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
41

ORDERED: Plaintiff's Motion for Preliminary Injunction 11 is GRANTED. Defendants are immediately enjoined from issuing any payments, loan assistance, or debt relief pursuant to Section 1005(a)(2) of the American Rescue Plan Act of 2021 until further order from the Court. No later than June 29, 2021, the parties must confer and submit to the Court a proposed expedited schedule to resolve the merits of this action. See Order for further details. Signed by Judge Marcia Morales Howard on 6/23/2021. (DKM) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
42

NOTICE by Zach Ducheneaux, Thomas J. Vilsack re Proposed Schedule (Knapp, Michael) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

RECAP
43

CASE MANAGEMENT AND SCHEDULING ORDER: Deadline for Defendants to answer the Complaint is 7/14/2021. Discovery due by 12/3/2021. Cross-motions for summary judgment due by 1/6/2022. Responses to cross-motions for summary judgment due by 1/20/2022. Reply briefs due by 1/27/2022. Signed by Judge Marcia Morales Howard on 7/8/2021. (JW) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

RECAP
44

MOTION to Stay Proceedings by All Defendants. (Attachments: # 1 Exhibit A - Miller Decision)(Snow, Kyla) (Entered: 07/12/2021)

1 Exhibit A - Miller Decision

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July 12, 2021

July 12, 2021

RECAP
45

MOTION to Stay Administratively Timely Deadlines by All Defendants. (Snow, Kyla) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
46

MEMORANDUM in opposition re 45 Motion to Stay Pending Resolution of Defendants' Stay Motion filed by Scott Wynn. (Fa, Wencong) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

RECAP
47

NOTICE of supplemental authority re 46 Memorandum in opposition to Defendants' Motion for an Administrative Stay by Scott Wynn. (Fa, Wencong) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
48

ANSWER and affirmative defenses to 1 Complaint by Zach Ducheneaux, Thomas J. Vilsack.(Newton, Emily) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
49

RESPONSE in Opposition re 44 MOTION to Stay Proceedings filed by Scott Wynn. (Attachments: # 1 Exhibit 1 - Miller, Joint Report)(Fa, Wencong) (Entered: 07/26/2021)

1 Exhibit 1 - Miller, Joint Report

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July 26, 2021

July 26, 2021

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50

ENDORSED ORDER denying 45 Defendants' Motion for an Administrative Stay Pending Resolution of Defendants' Stay Motion. Until the Court rules on 44 Defendants' Motion to Stay, this case remains active and the parties are expected to proceed as previously directed. Signed by Judge Marcia Morales Howard on 7/27/2021. (JW) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
51

MOTION for Leave to File a Reply by All Defendants. (Newton, Emily) (Modified on 7/28/2021, to edit text) (BGR). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
52

RESPONSE in Opposition re 51 MOTION for Leave to File Reply filed by Scott Wynn. (Fa, Wencong) (Modified on 7/28/2021, to edit text) (BGR). (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER

Order on Motion to Stay

July 27, 2021

July 27, 2021

PACER
53

NOTICE of supplemental authority re 49 Response in Opposition to Motion for a Stay, by Scott Wynn. (Attachments: # 1 Exhibit 1 - Order, Holman v Vilsack)(Fa, Wencong) (Entered: 08/02/2021)

1 Exhibit 1 - Order, Holman v Vilsack

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Aug. 2, 2021

Aug. 2, 2021

PACER
54

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit Carpenter opinion granting stay)(Newton, Emily) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
55

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit Order granting Defendants' motion for a stay in Joyner v. Vilsack)(Newton, Emily) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
56

ORDER granting 51 Defendants' Motion for Leave to Reply. Defendants shall have up to and including August 30, 2021, to file a reply, not to exceed fifteen pages. Plaintiff shall have up to and including September 7, 2021, to file a sur-reply, not to exceed ten pages. Signed by Judge Marcia Morales Howard on 8/19/2021. (MHM) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
57

Unopposed MOTION to Withdraw as Counsel by Association of American Indian Farmers, The National Black Farmers Association. (Chen, Randolph) Motions referred to Magistrate Judge James R. Klindt. (Modified on 8/25/2021, to edit text) (BGR). (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
58

ORDER granting 57 the Unopposed Motion to Withdraw as Counsel. Randolph T. Chen is permitted to withdraw as counsel for amici curiae the National Black Farmers Association and the Association of American Indian Farmers. The National Black Farmers Association and the Association of American Indian Farmers will continue to be represented by other counsel of record. Signed by Magistrate Judge James R. Klindt on 8/26/2021. (KEH) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
59

REPLY to Response to Motion re 44 MOTION to Stay Proceedings filed by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit 1 - Faust Order)(Knapp, Michael) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
60

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit 1 - McKinney Order Granting Stay)(Knapp, Michael) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
61

RESPONSE in Opposition re 44 MOTION to Stay Proceedings (Sur-reply) filed by Scott Wynn. (Fa, Wencong) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

RECAP
62

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit Exhibit 1 - Tiegs Order Staying Case)(Newton, Emily) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
63

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit 1 - Dunlap Order Granting Stay)(Knapp, Michael) (Entered: 09/21/2021)

1 Exhibit 1 - Dunlap Order Granting Stay

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Sept. 21, 2021

Sept. 21, 2021

PACER
64

NOTICE of Update in Related Action by Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Miller Orders and Second Amended Complaint)(Newton, Emily) (Modified on 9/23/2021, to edit text) (BGR). (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

RECAP
65

NOTICE by Zach Ducheneaux, Thomas J. Vilsack re 44 MOTION to Stay Proceedings (Attachments: # 1 Exhibit Miller Order Denying Motion to Opt Out of Certified Classes)(Newton, Emily) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
66

NOTICE of supplemental authority re 65 Notice (Other) by Scott Wynn. (Fa, Wencong) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

RECAP
67

MOTION to Continue Defendants' Deadline to Submit Their Opening Expert Report by All Defendants. (Attachments: # 1 Affidavit Declaration of Gianna Short)(Newton, Emily) (Entered: 10/14/2021)

1 Affidavit Declaration of Gianna Short

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Oct. 14, 2021

Oct. 14, 2021

RECAP
68

ORDER taking under advisement 67 Defendants' Partially Unopposed Motion for an Extension of the Opening Expert Report Deadline. Plaintiff shall have up to and including 10/20/2021 to file a response to the Motion, failing which the Motion will be deemed unopposed. Signed by Magistrate Judge James R. Klindt on 10/19/2021. (KEH) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

RECAP
69

RESPONSE in Opposition re 67 MOTION to Continue Defendants' Deadline to Submit Their Opening Expert Report filed by Scott Wynn. (Fa, Wencong) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
70

ORDER granting 67 Defendants' Partially Unopposed Motion for an Extension of the Opening Expert Report Deadline. The deadline for disclosing expert reports under the Case Management and Scheduling Order (Doc. No. 43) is extended to 10/29/2021. The deadline for disclosing rebuttal expert reports is extended to 11/22/2021. Signed by Magistrate Judge James R. Klindt on 10/21/2021. (KEH) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
71

STIPULATION for Protective Order by Scott Wynn. (Fa, Wencong) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
72

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit Holman Order Partially Granting Motion for Reconsideration and Staying Discovery and Case Deadlines)(Newton, Emily) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
73

RESPONSE re 72 Notice of filing supplemental authority filed by Scott Wynn. (Fa, Wencong) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
74

STIPULATED PROTECTIVE ORDER AND 502(d) ORDER. Signed by Magistrate Judge James R. Klindt on 11/3/2021. (KAW) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

RECAP
75

NOTICE of supplemental authority re 44 MOTION to Stay Proceedings by Scott Wynn. (Attachments: # 1 Exhibit 1 - Order, Kent v Vilsack)(Fa, Wencong) (Entered: 11/10/2021)

1 Exhibit 1 - Order, Kent v Vilsack

View on RECAP

Nov. 10, 2021

Nov. 10, 2021

PACER
76

MOTION for Extension of Time to Complete Discovery by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit 1 - Pltfs' First Set of RFPs, # 2 Exhibit 2 - 30(b)(6) Notice)(Knapp, Michael) Motions referred to Magistrate Judge James R. Klindt. (Entered: 11/12/2021)

1 Exhibit 1 - Pltfs' First Set of RFPs

View on PACER

2 Exhibit 2 - 30(b)(6) Notice

View on PACER

Nov. 12, 2021

Nov. 12, 2021

PACER
77

CASE Reassigned to Magistrate Judge Laura Lothman Lambert. New case number: 3:21-cv-514-MMH-LLL. Magistrate Judge James R. Klindt no longer assigned to the case. Motion(s) REFERRED: 76 MOTION for Extension of Time to Complete Discovery . Motion(s) referred to Magistrate Judge Laura Lothman Lambert. (BGR) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

Case Assigned/Reassigned

Nov. 16, 2021

Nov. 16, 2021

PACER
78

RESPONSE in Opposition re 76 MOTION for Extension of Time to Complete Discovery filed by Scott Wynn. (Fa, Wencong) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

RECAP
79

MOTION to Compel Discovery Responses/Document Production [Time Sensitive] and Request for Expedited Briefing by Scott Wynn. (Fa, Wencong) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

RECAP
80

Emergency MOTION for Protective Order by All Defendants. (Attachments: # 1 Exhibit 30(b)(6) Notice, # 2 Exhibit Amended 30(b)(6) Notice, # 3 Exhibit Response to Interrogatory 7)(Newton, Emily) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
81

RESPONSE in Opposition re 79 MOTION to Compel Discovery Responses/Document Production [Time Sensitive] and Request for Expedited Briefing filed by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit A - Pl.'s First Set of Interrogatories, # 2 Exhibit B - Defs' Resps to Interrogatories 8, 12, 15, # 3 Exhibit C - Pl.'s First Set of RFAs, # 4 Exhibit D - Defs.' Resps to RFAs 20 & 21)(Snow, Kyla) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
82

ENDORSED ORDER: Given that the Court has not resolved the outstanding 44 Motion to Stay, Defendants' 76 Motion for Extension of Time to Complete Discovery is GRANTED. Because the Court has granted this extension, the 79 Motion to Compel, and 80 Motion for Protective Order are deemed not to be emergency motions and will be handled in due course. An amended scheduling order will enter. Signed by Judge Marcia Morales Howard on 11/24/2021. (MHM) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

Order on Motion for Extension of Time to Complete Discovery

Nov. 24, 2021

Nov. 24, 2021

PACER
83

RESPONSE in Opposition re 80 Emergency MOTION for Protective Order filed by Scott Wynn. (Fa, Wencong) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
84

ORDER granting 44 Defendants' Motion to Stay Proceedings Pending Resolution of Related Class Action. This case is stayed. Status report due January 7, 2022, and every 120 days thereafter. The Clerk of the Court is directed to administratively close this case. Signed by Judge Marcia Morales Howard on 12/7/2021. (JW) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

RECAP
85

Unopposed MOTION for Emily Sue Newton to Withdraw as Attorney by All Defendants. (Newton, Emily) Motions referred to Magistrate Judge Laura Lothman Lambert. (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
86

ENDORSED ORDER granting 85 Unopposed Motion to Withdraw as Counsel. Emily Sue Newton is permitted to withdraw as counsel for Defendants Thomas J. Vilsack and Zach Ducheneaux. Defendants will continue to be represented by other counsel of record. Signed by Magistrate Judge Laura Lothman Lambert on 1/5/2022. (MDC) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER

Order on Motion to Withdraw as Attorney

Jan. 5, 2022

Jan. 5, 2022

PACER
87

STATUS report by Zach Ducheneaux, Thomas J. Vilsack. (Knapp, Michael) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

RECAP
88

STATUS report by Zach Ducheneaux, Thomas J. Vilsack. (Knapp, Michael) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: May 18, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white farmer from Jennings, Florida.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Farm Service Agency (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 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)