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Case: Faust v. Vilsack

1:21-cv-00548 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: April 29, 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.”Five white farmers filed suit in the U.S. District Court for the Eastern District of Wisconsin (Green Bay) on April 29, 2021. The farmers were all white and were from Wisconsin, Minnesota, and South Dakota. The complaint named the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agen…

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.”

Five white farmers filed suit in the U.S. District Court for the Eastern District of Wisconsin (Green Bay) on April 29, 2021. The farmers were all white and were from Wisconsin, Minnesota, and South Dakota. The complaint named the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agency (FSA) as defendants. Plaintiffs challenged Section 1005 of ARP which offered loan forgiveness only to farmers who qualified as "socially disadvantaged." The USDA, for the purposes of Section 1005, defined a "socially disadvantaged group" as African Americans, American Indians, Alaska Natives, Hispanics, Asians, and Pacific Islanders. Plaintiffs alleged these racial classifications made them "ineligible to even apply for the program solely due to their race." Plaintiffs alleged violation of the equal protection components of the Fifth Amendment's Due Process Clause and sought declaratory and injunctive relief as well as attorney fees and costs. They were represented by the Wisconsin Institute for Law & Liberty, Inc., a self described “conservative organization” which litigates numerous types of cases, including equal protection. Judge William C. Griesbach was assigned to the case.

The government filed a crossclaim on May 4, 2021. They cited plaintiffs' apparent failure to exhaust administrative remedies before filing. Plaintiffs allegedly "did not support their argument with a final agency decision from the Secretary of Agriculture as required by the Administrative Procedures Act."

Plaintiffs filed an amended complaint on May 19, 2021, adding seven additional farmers from Arkansas, Iowa, Missouri, Ohio, and Oregon as plaintiffs.

Two motions for a temporary restraining order (TRO) and a preliminary injunction were filed by plaintiffs on June 3, 2021. Both sought to enjoin Section 1005's racial classifications. Plaintiffs cited the U.S. Supreme Court's decision in Shaw v. Reno which held that racial classifications "threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility." Plaintiffs argued they and other similar farmers would face irreparable harm both financially and via the stigmatizing effect of Section 1005. Plaintiffs also noted that these motions would "not prevent Congress and/or USDA from continuing to offer [minorities] loan relief; it will simply prohibit offering such relief based solely on unconstitutional racial categories."

Defendants responded to the motion for a TRO on June 8, 2021. They argued that the challenged program was targeted to remedy past discrimination from USDA lending programs. Additionally, they cited apparent evidence that Congress concluded "COVID-19 did not impact all farmers equally - it hit minority farmers hardest." Finally, defendants argued that an immediate injunction was unnecessary as plaintiffs faced no urgent harm. Specifically, the ARP did not set a finite amount of debt relief for farmers. Thus, the relief would not be depleted as this case proceeded.

The court granted plaintiffs' TRO on June 10, 2021. The government was enjoined from forgiving any loans under Section 1005 until the court ruled on plaintiffs' motion for a preliminary injunction. The court reasoned that if it did "not issue an injunction, the USDA will spend the allocated money and forgive the loans of minority farmers while the case is pending and will have no incentive to provide similar relief on an equitable basis to others." Additionally, the court reasoned that plaintiffs were "excluded from the program based on their race and are thus experiencing discrimination at the hands of their government." 2021 WL 2409729.

On July 6, 2021, the court stayed plaintiffs' motion for a preliminary injunction. The court also dissolved the TRO granted earlier. The court cited Wynn v. Vilsack (PB-FL-0022), another case challenging Section 1005. The Wynn court had issued a nationwide preliminary injunction enjoining Section 1005. This provided the protection sought by plaintiffs in the present case. Thus, a TRO or preliminary relief was "no longer needed to preserve the status quo." 2021 WL 2806204.

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 for farmers bringing similar claims of discrimination.

On August 23, 2021, Judge Griesbach granted the stay the defendants had requested. As of October 2021, the case remains stayed pending the resolution of Miller.

This case is ongoing.

Summary Authors

Eric Gripp (8/10/2021)

Jonah Hudson-Erdman (10/31/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59865144/parties/faust-v-vilsack/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorneys(s) for Plaintiff

Berg, Luke N. (Wisconsin)

Esenberg, Richard M. (Wisconsin)

Larsen, Christian R (Wisconsin)

Lennington, Daniel P (Wisconsin)

Spitz, Katherine D (Wisconsin)

Attorneys(s) for Defendant

Knapp, Michael Fraser (District of Columbia)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Griesbach, William C. (Wisconsin)

Attorneys(s) for Plaintiff

Berg, Luke N. (Wisconsin)

Esenberg, Richard M. (Wisconsin)

Larsen, Christian R (Wisconsin)

Lennington, Daniel P (Wisconsin)

Spitz, Katherine D (Wisconsin)

Attorneys(s) for Defendant

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)

Jordan, Alexandra M (Massachusetts)

Muraskin, David Samuel (District of Columbia)

Stokes-Hough, Keisha LaJune (Alabama)

Documents in the Clearinghouse

Document

1:21-cv-00548

Docket [PACER]

Aug. 25, 2021

Aug. 25, 2021

Docket
1

1:21-cv-00548

Complaint for Declaratory and Injunctive Relief

April 29, 2021

April 29, 2021

Complaint
7

1:21-cv-00548

Amended Complaint

May 19, 2021

May 19, 2021

Complaint
21

1:21-cv-00548

Decision and Order Granting Plaintiffs' Motion for a Temporary Restraining Order

June 10, 2021

June 10, 2021

Order/Opinion
49

1:21-cv-00548

Order Staying Plaintiffs' Motion for a Preliminary Injunction

July 6, 2021

July 6, 2021

Order/Opinion
66

1:21-cv-00548

Decision and Order Granting Defendants' Motion for a Stay

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59865144/faust-v-vilsack/

Last updated Sept. 6, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Jay T. Slaba, Adam P. Faust, Jon Stevens, Christopher C. Baird, Joseph W. Schmitz. ( Filing Fee PAID $402 receipt number AWIEDC-3805205) (Attachments: # 1 Summons Summons Vilsack, # 2 Summons Summons Ducheneaux, # 3 Civil Cover Sheet Civil Cover Sheet)(Lennington, Daniel)

1 Summons Summons Vilsack

View on PACER

2 Summons Summons Ducheneaux

View on PACER

3 Civil Cover Sheet Civil Cover Sheet

View on PACER

April 29, 2021

April 29, 2021

RECAP

Notice of Electronic Filing Error

April 29, 2021

April 29, 2021

PACER

Summons Issued as to USA

April 29, 2021

April 29, 2021

PACER

Notice of Judge Assignment

April 29, 2021

April 29, 2021

PACER

NOTICE of Electronic Filing Error re 1 Complaint. The description of the attachments contains duplicate text. In the future, when attaching documents to the main document you may select a description from the category drop-down list but then you should not repeat that word in the description text box. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)

April 29, 2021

April 29, 2021

PACER

Summons Issued as to Zack Duchaneaux and Thomas J Vilsack. (tlf)

April 29, 2021

April 29, 2021

PACER

NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)

April 29, 2021

April 29, 2021

PACER
2

NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Richard M. Esenberg (Lennington, Daniel)

May 3, 2021

May 3, 2021

PACER
3

NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Luke N. Berg (Lennington, Daniel)

May 3, 2021

May 3, 2021

PACER
4

NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Katherine D. Spitz (Lennington, Daniel)

May 3, 2021

May 3, 2021

PACER
5

DISCLOSURE Statement by All Plaintiffs. (Lennington, Daniel)

May 4, 2021

May 4, 2021

PACER
6

MOTION for Joinder as a Plaintiff and CROSSCLAIM against Plaintiffs Faust, Baird, Stevens, Slaba and Schmitz by Corey Lea. (tlf)

May 4, 2021

May 4, 2021

RECAP
7

AMENDED COMPLAINT against All Defendants adding parties James C Ash, Lori J Watkins, Teena J Banducci, Christopher D Bohnenkamp, Theodore G Shields, Cheryl J Ash, and Brandon D Banducci.(Lennington, Daniel) Modified on 5/20/2021 (tlf).

May 19, 2021

May 19, 2021

RECAP
8

RESPONSE to Motion filed by All Plaintiffs re 6 MOTION for Joinder . (Attachments: # 1 Certificate of Service)(Spitz, Katherine)

May 25, 2021

May 25, 2021

PACER
9

RESPONSE to Motion filed by All Defendants re 6 MOTION for Joinder . (Attachments: # 1 Exhibit A - Report and Recommendation)(Newton, Emily) Modified exhibit text on 5/26/2021 (lh).

1 Exhibit A - Report and Recommendation

View on PACER

May 25, 2021

May 25, 2021

PACER
10

NOTICE of Appearance by Christian R Larsen on behalf of All Defendants. Attorney(s) appearing: Chris R. Larsen (Larsen, Christian)

May 26, 2021

May 26, 2021

PACER
11

NOTICE of Appearance by Emily Sue Newton on behalf of All Defendants. Attorney(s) appearing: Emily Sue Newton (Newton, Emily)

May 28, 2021

May 28, 2021

PACER
12

MOTION for Temporary Restraining Order by All Plaintiffs. (Lennington, Daniel)

June 3, 2021

June 3, 2021

RECAP
13

MOTION for Preliminary Injunction by All Plaintiffs. (Lennington, Daniel)

June 3, 2021

June 3, 2021

PACER
14

BRIEF in Support filed by All Plaintiffs re 13 MOTION for Preliminary Injunction, 12 MOTION for Temporary Restraining Order . (Attachments: # 1 Ex 1 FAUST, # 2 Ex 2 BAIRD, # 3 Ex 3 SLABA, # 4 Ex 4 STEVENS, # 5 Ex 5 SCHMITZ, # 6 Ex 6 ASH, # 7 Ex 7 BOHNENCAMP, # 8 Ex 8 WATKINS, # 9 Ex 9 BANDUCCI, # 10 Ex 10 SHIELDS)(Lennington, Daniel)

1 Ex 1 FAUST

View on PACER

2 Ex 2 BAIRD

View on PACER

3 Ex 3 SLABA

View on PACER

4 Ex 4 STEVENS

View on PACER

5 Ex 5 SCHMITZ

View on PACER

6 Ex 6 ASH

View on PACER

7 Ex 7 BOHNENCAMP

View on PACER

8 Ex 8 WATKINS

View on PACER

9 Ex 9 BANDUCCI

View on PACER

10 Ex 10 SHIELDS

View on PACER

June 3, 2021

June 3, 2021

RECAP

Notice of Hearing on Motion

June 3, 2021

June 3, 2021

PACER

NOTICE of Hearing on 12 MOTION for Temporary Restraining Order: Telephone conference set for 6/4/2021 03:30 PM before Judge William C Griesbach regarding the procedure for addressing this motion. The court will initiate the call and the parties have provided their telephone numbers for the conference. Any change in telephone contact information should be provided to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(tlf)

June 3, 2021

June 3, 2021

PACER
15

NOTICE of Appearance by Kyla Snow on behalf of All Defendants. Attorney(s) appearing: Kyla Marie Snow (Snow, Kyla)

June 4, 2021

June 4, 2021

PACER
16

Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/4/2021. Brief in opposition to 13 Motion for preliminary injunction due 6/18/2021, reply to be filed over the weekend. The government may file a response to the 12 Motion for temporary restraining order by 6/8/2021. (Tape #060421) (lh) (Entered: 06/07/2021)

June 4, 2021

June 4, 2021

PACER

Notice (Court)

June 4, 2021

June 4, 2021

PACER

NOTICE by the Court. The Telephone Conference scheduled for TODAY, 6/4/2021 at 3:30 pm has been CONVERTED to an ATT Conference Call. Instructions as follows: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. (lh)

June 4, 2021

June 4, 2021

PACER
17

RESPONSE to Motion filed by All Defendants re 12 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Government's PI Opposition in Wynn v. Vilsack, # 2 Exhibit B - Cobb Declaration)(Newton, Emily)

1 Exhibit A - Government's PI Opposition in Wynn v. Vilsack

View on PACER

2 Exhibit B - Cobb Declaration

View on PACER

June 8, 2021

June 8, 2021

RECAP
18

TEXT ONLY ORDER The Court will consider any reply brief in support of 12 MOTION for temporary restraining order filed on or before June 10, 2021, signed by Judge William C Griesbach on 06/09/2021. (cc: all counsel)(Griesbach, William)

June 9, 2021

June 9, 2021

PACER
19

REPLY BRIEF in Support filed by All Plaintiffs re 12 MOTION for Temporary Restraining Order . (Lennington, Daniel)

June 9, 2021

June 9, 2021

RECAP

Text Only Order

June 9, 2021

June 9, 2021

PACER
20

ORDER signed by Judge William C Griesbach on 6/10/2021 denying Cory Lea's 6 Motion for joinder. (cc: all counsel and via US Mail to Cory Lea)(Griesbach, William)

June 10, 2021

June 10, 2021

RECAP
21

ORDER signed by Judge William C Griesbach on 6/10/2021 granting Plaintiffs' 12 Motion for Temporary restraining order. Defendants are enjoined from forgiving any loans pursuant to Section 1005 until the Court rules on Plaintiffs' motion for preliminary injunction. (cc: all counsel)(Griesbach, William) (lh).

June 10, 2021

June 10, 2021

RECAP
22

NOTICE of Appearance by Randolph Chen on behalf of National Black Farmers Association. Attorney(s) appearing: Randolph T. Chen (Chen, Randolph)

June 10, 2021

June 10, 2021

PACER
23

NOTICE of Appearance by Randolph Chen on behalf of Association of American Indian Farmers. Attorney(s) appearing: Randolph T. Chen (Chen, Randolph)

June 10, 2021

June 10, 2021

PACER
24

Unopposed MOTION to File Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Chen, Randolph) (Additional attachment(s) added on 6/16/2021: # 5 Proposed Amicus Brief) (tlf).

June 10, 2021

June 10, 2021

PACER
25

DISCLOSURE Statement by National Black Farmers Association. (Chen, Randolph)

June 10, 2021

June 10, 2021

PACER
26

DISCLOSURE Statement by Association of American Indian Farmers. (Chen, Randolph)

June 10, 2021

June 10, 2021

PACER

Order on Motion for TRO

June 10, 2021

June 10, 2021

PACER
27

MOTION for Leave to File Response Brief in Excess of 30 Pages by All Defendants. (Attachments: # 1 Text of Proposed Order)(Snow, Kyla)

June 14, 2021

June 14, 2021

RECAP
28

RESPONSE to Motion filed by All Plaintiffs re 27 MOTION for Leave to File Response Brief in Excess of 30 Pages . (Lennington, Daniel)

June 15, 2021

June 15, 2021

RECAP
29

NOTICE of Appearance by Jessica L Culpepper on behalf of Association of American Indian Farmers. Attorney(s) appearing: Jessica L. Culpepper (Culpepper, Jessica)

June 15, 2021

June 15, 2021

PACER
30

NOTICE of Appearance by Jessica L Culpepper on behalf of National Black Farmers Association. Attorney(s) appearing: Jessica L. Culpepper (Culpepper, Jessica)

June 15, 2021

June 15, 2021

PACER
31

NOTICE of Appearance by David S Muraskin on behalf of Association of American Indian Farmers. Attorney(s) appearing: David S. Muraskin (Muraskin, David)

June 15, 2021

June 15, 2021

PACER
32

NOTICE of Appearance by David S Muraskin on behalf of National Black Farmers Association. Attorney(s) appearing: David S. Muraskin (Muraskin, David)

June 15, 2021

June 15, 2021

PACER
33

TEXT ONLY ORDER GRANTING 27 Motion for Leave to File Response Brief in Excess of 30 Pages, filed by Zach Ducheneaux and Thomas J Vilsack, signed by Judge William C Griesbach on 06/15/2021. Defendants' brief in response to Plaintiffs' motion for preliminary injunction shall not exceed 40 pages. Plaintiffs' time to file a reply brief is extended to June 23, 2021, and the reply brief shall not exceed 20 pages. (cc: all counsel)(Griesbach, william)

June 15, 2021

June 15, 2021

PACER

Text Only Order

June 15, 2021

June 15, 2021

PACER
34

MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 J. Boyd Declaration, # 2 K. Boyd Declaration, # 3 Williams Declaration, # 4 Lewis Declaration, # 5 Proposed Answer)(Muraskin, David) Modified on 6/21/2021 (tlf).

June 18, 2021

June 18, 2021

PACER
35

RESPONSE to Motion filed by All Defendants re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit A)(Newton, Emily)

1 Exhibit A

View on RECAP

June 18, 2021

June 18, 2021

PACER
36

TEXT ONLY ORDER GRANTING 24 Unopposed MOTION to file amicus brief in opposition to Plaintiffs' motion for preliminary injunction, filed by Association of American Indian Farmers and National Black Farmers Association, signed by Judge William C Griesbach on 06/21/2021. The Clerk is directed to detach and e-file the amicus brief (Dkt. No. 24-5) as well as the supporting declarations (Dkt. No. 24-1, 24-2, 24-3 & 24-4). (cc: all counsel)(Griesbach, William)

June 21, 2021

June 21, 2021

PACER
37

AMICUS BRIEF filed by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Ex 1 - Declaration of John Boyd, Jr, # 2 Ex 2 - Declaration of Kara Boyd, # 3 Ex 3 - Declaration of Ivan Isidore Williams, # 4 Ex 4 - Declaration of Shade Marshall Lewis)(tlf)

1 eX 1 - Declaration of John Boyd, Jr

View on RECAP

2 Ex 2 - Declaration of Kara Boyd

View on RECAP

3 Ex 3 - Declaration of Ivan Isidore Williams

View on RECAP

4 Ex 4 - Declaration of Shade Marshall Lewis

View on RECAP

June 21, 2021

June 21, 2021

RECAP
38

MOTION to Intervene by Lee Perry. (tlf)

June 21, 2021

June 21, 2021

PACER

Text Only Order

June 21, 2021

June 21, 2021

PACER

Notice of Electronic Filing Error

June 21, 2021

June 21, 2021

PACER

NOTICE of Electronic Filing Error re 35 Response to Motion. All attachments to documents should include a brief description of the attachment - Ex A - Initial Contract, Ex B - Doe Deposition, Ex C - 2006 Sales Figures, etc. This document does not need to be refiled.; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)

June 21, 2021

June 21, 2021

PACER
39

NOTICE of Appearance by Keisha Stokes-Hough on behalf of Rural Coalition, Intertribal Agriculture Council (IAC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Natural Resources Defense Council, Inc. (NRDC), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), National Latino Famers and Ranchers Trade Association (NLFRTA), American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Young Farmers Coalition (Young Farmers), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Texas Coalition of Rural Landowners, World Farmers, Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, National Family Farm Coalition (NFFC), Rural Advancement Foundation International-USA (RAFI-USA), National Sustainable Agriculture Coalition (NSAC), California FarmLink, Community Farm Alliance (CFA), Woman, Food & Agriculture Network (WFAN), Steward Holdings, Inc. (US). Attorney(s) appearing: Keisha Stokes-Hough (Attachments: # 1 Disclosure Statement of Amici Curiae The Rural Coalition, The Intertribal Agriculture Council, North Carolina Association of Black Lawyers Land Loss Prevention Project, and 23 Additional Farming Advocacy Organizations)(Stokes-Hough, Keisha)

June 23, 2021

June 23, 2021

PACER
40

NOTICE of Appearance by Alexandra M Jordan on behalf of American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), California FarmLink, Community Farm Alliance (CFA), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Family Farm Coalition (NFFC), National Latino Famers and Ranchers Trade Association (NLFRTA), National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition (Young Farmers), Natural Resources Defense Council, Inc. (NRDC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers. Attorney(s) appearing: Alexandra M. Jordan (Jordan, Alexandra)

June 23, 2021

June 23, 2021

PACER
41

Unopposed MOTION for Leave to File Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), California FarmLink, Community Farm Alliance (CFA), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Family Farm Coalition (NFFC), National Latino Famers and Ranchers Trade Association (NLFRTA), National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition (Young Farmers), Natural Resources Defense Council, Inc. (NRDC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers. (Stokes-Hough, Keisha)

June 23, 2021

June 23, 2021

PACER
42

AMICI CURIAE BRIEF in Opposition filed by American Indian Mothers Inc, Arkansas Land and Farm Development Corporation, California FarmLink, Community Farm Alliance (CFA), Cottage House Inc, Family Farm Defenders, Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association, Land Stewardship Project, National Family Farm Coalition (NFFC), National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition, Natural Resources Defense Council Inc, North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund Inc, Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers re 13 MOTION for Preliminary Injunction . (Attachments: # 1 Ex A-Declaration of Alfonso A. Abeyta, # 2 Ex B-Declaration of Nathaniel Bradford, # 3 Ex C-Declaration of Leroy Brinkley, Jr., # 4 Ex D-Declaration of Henry Brown, # 5 Ex E-Declaration of Jane Doe, # 6 Ex F-Declaration of George McNary III, # 7 Ex G-Statement of Cassandra P., # 8 Ex H-Statement of Rural Coalition, # 9 Ex I-Declaration of Mykia Xiong)(Stokes-Hough, Keisha) Modified on 6/23/2021 (tlf).

1 Ex A-Declaration of Alfonso A. Abeyta

View on RECAP

2 Ex B-Declaration of Nathaniel Bradford

View on RECAP

3 Ex C-Declaration of Leroy Brinkley, Jr.

View on RECAP

4 Ex D-Declaration of Henry Brown

View on RECAP

5 Ex E-Declaration of Jane Doe

View on RECAP

6 Ex F-Declaration of George McNary III

View on RECAP

7 Ex G-Statement of Cassandra P.

View on RECAP

8 Ex H-Statement of Rural Coalition

View on RECAP

9 Ex I-Declaration of Mykia Xiong

View on RECAP

June 23, 2021

June 23, 2021

RECAP
43

REPLY BRIEF in Support filed by All Plaintiffs re 13 MOTION for Preliminary Injunction . (Lennington, Daniel)

June 23, 2021

June 23, 2021

RECAP
46

Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/24/2021. (Tape #062421) (mac) (Entered: 06/25/2021)

June 24, 2021

June 24, 2021

PACER

Notice of Hearing

June 24, 2021

June 24, 2021

PACER

NOTICE of Hearing: Telephone Conference set for 6/24/2021 02:30 PM before Judge William C Griesbach to address the status of the case in light of the decision and order granting the motion for preliminary injunction in Case No. 21-514-MMH-JRK, Wynn v. Vilsack (M.D. Fla. June 23, 2021). Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. Please contact the Office of the Clerk at 920-455-7381 if you have any questions. All participants are to confirm their appearance with the Clerk prior to the date of the hearing. Verification of your participation should be sent to wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(tlf)

June 24, 2021

June 24, 2021

PACER
44

SUPPLEMENTAL BRIEF in Support filed by All Plaintiffs re 13 MOTION for Preliminary Injunction Supplemental Authority In Light of Wynn v. Vilsack, M.D. Fla.. (Lennington, Daniel) Modified on 6/25/2021 (tlf).

June 25, 2021

June 25, 2021

PACER
45

RESPONSE filed by All Defendants re 44 Supplemental Brief in Support of Motion (Newton, Emily) Modified on 6/25/2021 (tlf).

June 25, 2021

June 25, 2021

PACER
47

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Amended Complaint by All Defendants. (Attachments: # 1 Text of Proposed Order)(Snow, Kyla)

July 1, 2021

July 1, 2021

PACER
48

TEXT ONLY ORDER GRANTING 47 Consent Motion for Extension of Time to 8/2/21 to File Answer or Otherwise Respond to Plaintiffs' Amended Complaint, filed by Zach Ducheneaux, Thomas J Vilsack, signed by Judge William C Griesbach on 07/02/2021. (cc: all counsel)(Griesbach, William)

July 2, 2021

July 2, 2021

PACER

~Util - Set/Reset Deadlines/Hearings AND Text Only Order

July 2, 2021

July 2, 2021

PACER
49

ORDER signed by Judge William C Griesbach on 7/6/2021. Plaintiffs' 13 motion for preliminary injunction will be stayed so that in the event the injunction issued by the court in Wynn is vacated or materially altered, the stay can be lifted and Plaintiffs' motion can be given prompt consideration by the Court. In the meantime, the 21 temporary restraining order previously entered by the Court is dissolved since it is no longer needed to preserve the status quo. The parties are directed to confer with one another regarding further scheduling and submit a proposed expedited schedule to resolve the merits of this action on or before 7/14/2021. The Clerk is directed to set the matter for a telephone conference to discuss further scheduling. (cc: all counsel)(Griesbach, William)

July 6, 2021

July 6, 2021

RECAP
50

NOTICE of Hearing: (cc: all counsel)AT&T Telephone Scheduling Conference set for 7/20/2021 11:00 AM in By Telephone before Judge William C Griesbach. Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. Please contact the Office of the Clerk at 920-455-7381 if you have any questions. All participants are to confirm their appearance with the Clerk prior to the date of the hearing. Verification of your participation should be sent to wied_clerks_gb@wied.uscourts.gov (lh)

July 6, 2021

July 6, 2021

PACER
51

MOTION to Stay and BRIEF IN SUPPORT Proceedings by All Defendants. (Attachments: # 1 Exhibit - Miller decision on class certification)(Newton, Emily) Modified on 7/12/2021 (tlf).

1 Exhibit - Miller decision on class certification

View on PACER

July 12, 2021

July 12, 2021

RECAP
52

MOTION to Administratively Stay Deadlines pending resolution of 51 Motion to Stay by All Defendants. (Newton, Emily) Modified on 7/12/2021 (tlf).

July 12, 2021

July 12, 2021

PACER
53

RESPONSE to Motion filed by All Plaintiffs re 38 MOTION to Intervene . (Attachments: # 1 Certificate of Service)(Spitz, Katherine)

July 12, 2021

July 12, 2021

PACER
54

BRIEF in Opposition filed by All Defendants re 38 MOTION to Intervene . (Newton, Emily)

July 12, 2021

July 12, 2021

PACER

NOTICE of Electronic Filing Error re 51 MOTION to Stay Proceedings. The Brief in Support of this document should have been filed as a separate entry. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)

July 12, 2021

July 12, 2021

PACER

Notice of Electronic Filing Error

July 12, 2021

July 12, 2021

PACER
55

TEXT ONLY ORDER DENYING 52 Motion to Stay the parties upcoming deadlines, including the parties current deadline of July 14, 2021 to submit a proposed schedule to the Court, and the scheduling conference currently set for July 20, 2021, filed by Zach Ducheneaux and Thomas J Vilsack, signed by Judge William C Griesbach on 07/13/2021. The July 20, 2021 conference shall remain as scheduled. (cc: all counsel)(Griesbach, William)

July 13, 2021

July 13, 2021

PACER

~Util - Terminate Motions AND Text Only Order

July 13, 2021

July 13, 2021

PACER
56

NOTICE by All Defendants of Parties' Proposed Scheduling Dates (Newton, Emily) Modified on 7/15/2021 (tlf).

July 14, 2021

July 14, 2021

PACER
57

Rule 7(h) Expedited Non-Dispositive MOTION for Extension of Time to Answer by All Defendants. (Attachments: # 1 Text of Proposed Order)(Newton, Emily)

July 20, 2021

July 20, 2021

PACER
58

Minute Entry for proceedings held before Judge William C Griesbach: Scheduling Conference held on 7/20/2021. The Court defers scheduling until the motion to stay is resolved. (Tape #072021) (cav) (Entered: 07/21/2021)

July 20, 2021

July 20, 2021

RECAP
59

ORDER signed by Judge William C Griesbach on 7/21/2021 granting 57 Motion for Extension of Time to Answer. (cc: all counsel)(cav)

July 21, 2021

July 21, 2021

PACER
60

ORDER signed by Judge William C Griesbach on 7/30/2021 DENYING 38 Motion to Intervene filed by Lee Perry. (cc: all counsel; via US Mail to Lee Perry)(Griesbach, William)

July 30, 2021

July 30, 2021

RECAP
61

RESPONSE to Motion filed by All Plaintiffs re 51 MOTION to Stay Proceedings . (Spitz, Katherine)

Aug. 2, 2021

Aug. 2, 2021

RECAP
62

NOTICE OF SUPPLEMENTAL AUTHORITY by All Plaintiffs in support of 61 Response to Defendants' Motion to Stay. (Attachments: # 1 Supplemental Authority - Order denying Motion to Stay in W.D. Tennessee 21-CV-01085-STA)(Spitz, Katherine)

Aug. 3, 2021

Aug. 3, 2021

PACER
63

NOTICE of Appearance by Michael F Knapp on behalf of All Defendants. Attorney(s) appearing: Michael F. Knapp (Knapp, Michael)

Aug. 16, 2021

Aug. 16, 2021

PACER
64

REPLY BRIEF in Support filed by All Defendants re 51 MOTION to Stay Proceedings . (Attachments: # 1 Exhibit 1 - Carpenter Order)(Knapp, Michael)

Aug. 16, 2021

Aug. 16, 2021

PACER
65

NOTICE by All Defendants (Supplemental Authority) (Attachments: # 1 Exhibit 1 - Joyner Order)(Knapp, Michael)

Aug. 19, 2021

Aug. 19, 2021

PACER
66

DECISION AND ORDER GRANTING Defendants' 51 Motion to Stay signed by Judge William C Griesbach on 8/20/2021. Defendants must file a status report every six months on the progress of the Miller case. The 34 motion to intervene and 41 motion for leave to file amici curiae brief are DENIED without prejudice. (cc: all counsel)(Griesbach, William)

Aug. 23, 2021

Aug. 23, 2021

RECAP
67

Unopposed MOTION to Withdraw as Attorney (Randolph T. Chen) by Association of American Indian Farmers, National Black Farmers Association. (Chen, Randolph)

Aug. 25, 2021

Aug. 25, 2021

PACER
68

NOTICE OF WITHDRAWAL of Emily Sue Newton Unopposed MOTION to Withdraw as Attorney by All Defendants. (Newton, Emily) Modified on 1/4/2022 (tlf).

Jan. 4, 2022

Jan. 4, 2022

PACER

Terminate Attorney - Notice Parties

Jan. 4, 2022

Jan. 4, 2022

PACER

Attorney Emily Sue Newton terminated as counsel of record for Thomas J Vilsack and Zach Ducheneaux. (tlf)

Jan. 4, 2022

Jan. 4, 2022

PACER
69

STATUS REPORT by All Defendants. (Snow, Kyla)

Feb. 23, 2022

Feb. 23, 2022

RECAP
70

STATUS REPORT by All Defendants. (Snow, Kyla)

Aug. 22, 2022

Aug. 22, 2022

PACER

Case Details

State / Territory: Wisconsin

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 29, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twelve white farmers from nine states, including Wisconsin.

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

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 - 2021

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)