Civil Rights Litigation Clearinghouse

Case: McKinney v. Vilsack

2:21-cv-00212 | U.S. District Court for the Eastern District of Texas

Filed Date: June 10, 2021

Case Ongoing

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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 from Naples, Texas filed suit in the U.S. District Court for the Eastern District of Texas (Marshall) on June 10, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agency (FSA). Plaintiff challenged Section 1005 of ARP which offered loa…

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 from Naples, Texas filed suit in the U.S. District Court for the Eastern District of Texas (Marshall) on June 10, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agency (FSA). Plaintiff 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. 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). He asserted that Section 1005’s blanket classifications were not narrowly tailored nor “intended or designed to remedy specific instances of racial discrimination.” 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. Plaintiff sought declaratory and injunctive relief, $1 in nominal damages, and attorney's fees. He was represented by the Pacific Legal Foundation, a non-profit who defends those “threatened by government overreach and abuse.”

Judge Rodney Gilstrap was initially assigned. However, he was recused and replaced with Judge Robert W. Schroeder, III on June 11, 2021.

Plaintiff moved for a preliminary injunction on June 17, 2021. He alleged that "white farmers and ranchers are categorically excluded" from Section 1005 relief. As a result, white farmers were irreparably harmed by an apparent denial of equal protection under the law. Plaintiff cited the Fifth Circuit's decision in Dec. Distributed v. United States Dep't of State which held that "irreparable harm occurs whenever a constitutional right is deprived, even for a short period of time."

The government 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.

Judge Schroeder granted the motion to stay on August 30, 2021. As of October 2021, the case was stayed pending the resolution of Miller.

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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/59976119/parties/mckinney-v-vilsack/

Judge(s)

Schroeder, Robert William III (Texas)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Kieser, Christopher M (California)

Roper, Glenn Evans (Colorado)

Thompson, Joshua Paul (California)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Newton, Emily Sue (District of Columbia)

Judge(s)

Schroeder, Robert William III (Texas)

Attorneys(s) for Plaintiff

Fa, Wencong M (California)

Kieser, Christopher M (California)

Roper, Glenn Evans (Colorado)

Thompson, Joshua Paul (California)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Feldon, Gary Daniel (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)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:21-cv-00212	Docket [PACER]	Aug. 30, 2021	Aug. 30, 2021 Docket
1 2:21-cv-00212	Complaint for Declaratory and Injunctive Relief	June 10, 2021	June 10, 2021 Complaint
24 2:21-cv-00212	Defendants' Motion to Stay Proceedings Pending Resolution of Related Class Action	July 12, 2021	July 12, 2021 Pleading / Motion / Brief
40 2:21-cv-00212	Order Mckinney v. Vilsack	Aug. 30, 2021	Aug. 30, 2021 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
McKinney v. Vilsack: Race-based COVID-19 farm loan forgiveness denies equal treatment to Texas farmer	This is a webpage created by plaintiff's counsel from McKinney v. Vilsack (PB-TX-0019). It provides additional information on plaintiff and an overview of the case itself.	June 10, 2021	June 10, 2021 https://pacificlegal.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59976119/mckinney-v-vilsack/

Last updated July 22, 2022, 3:19 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 receipt number 0540-8449551.), filed by Jarrod McKinney. (Attachments: # 1 Civil Cover Sheet)(Thompson, Joshua) (Entered: 06/10/2021) 1 Civil Cover Sheet View on PACER	June 10, 2021	June 10, 2021 RECAP
	Case Assigned/Reassigned	June 10, 2021	June 10, 2021 PACER
	Notice of Magistrate Availability	June 10, 2021	June 10, 2021 PACER
	Case Assigned to District Judge Rodney Gilstrap. (nkl, )	June 10, 2021	June 10, 2021 PACER
	In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, )	June 10, 2021	June 10, 2021 PACER
2	SUMMONS Issued as to Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Summons(es) Zach Ducheneaux)(nkl, ) (Entered: 06/10/2021)	June 10, 2021	June 10, 2021 PACER
3	NOTICE by Jarrod McKinney of Related Cases in other Districts (Thompson, Joshua) (Entered: 06/10/2021)	June 10, 2021	June 10, 2021 PACER
4	ORDER OF RECUSAL. District Judge Rodney Gilstrap recused. Case reassigned to District Judge Robert W. Schroeder, III for all further proceedings. Signed by District Judge Rodney Gilstrap on 6/11/2021. (ch, ) (Entered: 06/14/2021)	June 11, 2021	June 11, 2021 PACER
5	NOTICE of Attorney Appearance - Pro Hac Vice by Christopher M. Kieser on behalf of Jarrod McKinney. Filing fee $ 100, receipt number 0540-8453633. (Kieser, Christopher) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
6	NOTICE of Attorney Appearance - Pro Hac Vice by Wencong Fa on behalf of Jarrod McKinney. Filing fee $ 100, receipt number 0540-8453670. (Fa, Wencong) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
7	NOTICE of Attorney Appearance - Pro Hac Vice by Glenn E Roper on behalf of Jarrod McKinney. Filing fee $ 100, receipt number 0540-8455962. (Roper, Glenn) (Entered: 06/15/2021)	June 15, 2021	June 15, 2021 PACER
8	SUMMONS Returned Executed by Jarrod McKinney. All Defendants. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Fa, Wencong) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 PACER
9	MOTION for Preliminary Injunction by Jarrod McKinney. (Attachments: # 1 Exhibit 1 - Decision Granting TRO, # 2 Text of Proposed Order Granting Motion for Preliminary Injunction)(Fa, Wencong) (Entered: 06/17/2021) 1 Exhibit 1 - Decision Granting TRO View on PACER 2 Text of Proposed Order Granting Motion for Preliminary Injunction View on PACER	June 17, 2021	June 17, 2021 RECAP
10	AFFIDAVIT in Support re 9 MOTION for Preliminary Injunction filed by Jarrod McKinney. (Fa, Wencong) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 PACER
11	AFFIDAVIT of Service for Motion for Preliminary Injunction, Declaration of Jarrod McKinney, Exhibit 1, and Proposed Order by certified mail, served on Thomas Vilsack, Zach Ducheneaux, Merrick Garland, and Nicholas Ganjei on 6/18/2021, filed by Jarrod McKinney. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Fa, Wencong) (Entered: 06/18/2021)	June 18, 2021	June 18, 2021 PACER
12	Unopposed MOTION to Substitute Lead Attorney by Jarrod McKinney. (Attachments: # 1 Text of Proposed Order)(Fa, Wencong) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
13	NOTICE of Attorney Appearance - Pro Hac Vice by Michael F Knapp on behalf of Zach Ducheneaux, Thomas J Vilsack. (nkl, ) (Entered: 06/22/2021)	June 22, 2021	June 22, 2021 PACER
14	ORDER granting 12 Motion to Substitute LeadAttorney. Signed by District Judge Robert W. Schroeder, III on 6/24/2021. (ch, ) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 PACER
15	NOTICE of Attorney Appearance - Pro Hac Vice by Randolph T Chen on behalf of National Black Farmers Association, Association of American Indian Farmers. Filing fee $ 100, receipt number 0540-8480466. (Chen, Randolph) (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
16	Opposed MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File Amicus Brief)(Chen, Randolph) (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
17	NOTICE by Association of American Indian Farmers, National Black Farmers Association re 16 Opposed MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for Preliminary Injunction - Amicus Curiae Brief (Attachments: # 1 Exhibit Exh. 1 - J. Boyd Decl., # 2 Exhibit Exh. 2 - K. Boyd Decl., # 3 Exhibit Exh. 3 - I. Williams Decl., # 4 Exhibit Exh. 4 - S. Lewis Decl.)(Chen, Randolph) (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
18	DEFICIENT DOCUMENT Joint MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction by Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) Modified on 7/6/2021 (nkl, ). (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
19	Joint MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction (CORRECTED) by Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 07/02/2021)	July 2, 2021	July 2, 2021 PACER
	Notice of Deficiency	July 6, 2021	July 6, 2021 PACER
	NOTICE of Deficiency regarding the Joint MOTION for Extension of Time to File Response/Reply submitted document 18 does not contain a Certificate of Conference. Correction should be made by one business day.(nkl, )	July 6, 2021	July 6, 2021 PACER
20	NOTICE of Attorney Appearance - Pro Hac Vice by David S Muraskin on behalf of Association of American Indian Farmers, National Black Farmers Association. Filing fee $ 100, receipt number 0540-8482087. (Muraskin, David) (Additional attachment(s) added on 7/6/2021: # 1 Sealed Attachment) (nkl, ). (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
21	NOTICE of Attorney Appearance - Pro Hac Vice by Jessica L Culpepper on behalf of Association of American Indian Farmers, National Black Farmers Association. Filing fee $ 100, receipt number 0540-8482101. (Culpepper, Jessica) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
22	Unopposed MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Exh. 1 - J. Boyd Decl., # 2 Exh. 2 - K. Boyd Decl., # 3 Exh. 3 - I. Williams Decl., # 4 Exh. 4 - S. Lewis Decl., # 5 Proposed Answer)(Chen, Randolph) (Entered: 07/06/2021)	July 6, 2021	July 6, 2021 PACER
23	ORDER granting 19 Motion for Extension of Time to File Response/Reply re 9 MOTION for Preliminary Injunction Responses due by 7/13/2021 Replies due by 7/27/2021.. Signed by District Judge Robert W. Schroeder, III on 7/8/2021. (nkl, ) (Entered: 07/08/2021)	July 8, 2021	July 8, 2021 PACER
24	MOTION to Stay Proceedings by Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Exhibit A - Miller Order, # 2 Exhibit B - Faust Order, # 3 Text of Proposed Order)(Knapp, Michael) (Entered: 07/12/2021) 1 Exhibit A - Miller Order View on PACER 2 Exhibit B - Faust Order View on PACER 3 Text of Proposed Order View on PACER	July 12, 2021	July 12, 2021 RECAP
25	MOTION to Stay (Administrative) (TIME SENSITIVE) by Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Text of Proposed Order (Primary), # 2 Text of Proposed Order (Alternative))(Knapp, Michael) (Entered: 07/12/2021)	July 12, 2021	July 12, 2021 PACER
26	RESPONSE in Opposition re 25 MOTION to Stay (Administrative) (TIME SENSITIVE) filed by Jarrod McKinney. (Attachments: # 1 Text of Proposed Order)(Fa, Wencong) (Entered: 07/13/2021)	July 13, 2021	July 13, 2021 PACER
27	ORDER re 25 MOTION to Stay (Administrative) (TIME SENSITIVE) filed by Zach Ducheneaux, Thomas J Vilsack. Signed by District Judge Robert W. Schroeder, III on 7/13/2021. (nkl, ) (Entered: 07/13/2021)	July 13, 2021	July 13, 2021 RECAP
28	REPLY to Response to Motion re 25 MOTION to Stay (Administrative) (TIME SENSITIVE) filed by Zach Ducheneaux, Thomas J Vilsack. (Knapp, Michael) (Entered: 07/15/2021)	July 15, 2021	July 15, 2021 PACER
29	RESPONSE in Opposition re 16 Opposed MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Jarrod McKinney. (Attachments: # 1 Text of Proposed Order Denying Motion)(Fa, Wencong) (Entered: 07/16/2021)	July 16, 2021	July 16, 2021 PACER
30	Joint MOTION for Extension of Time to File Plaintiff's Opposition to Motion for Stay and Defendants' Answer (Time Sensitive) by Jarrod McKinney. (Attachments: # 1 Text of Proposed Order)(Fa, Wencong) (Entered: 07/22/2021)	July 22, 2021	July 22, 2021 PACER
31	ORDER granting 30 Motion for Extension of Time to File Plaintiff's Opposition to Motion for Stay and Defendants' Answer (Time Sensitive). Signed by District Judge Robert W. Schroeder, III on 7/26/2021. (nkl, ) (Entered: 07/26/2021)	July 26, 2021	July 26, 2021 RECAP
32	RESPONSE in Opposition re 24 MOTION to Stay Proceedings filed by Jarrod McKinney. (Attachments: # 1 Exhibit 1 - Order, Holman v Vilsack, # 2 Exhibit 2 - Joint Report, Miller v Vilsack, # 3 Text of Proposed Order denying Motion for Stay)(Fa, Wencong) (Entered: 08/06/2021)	Aug. 6, 2021	Aug. 6, 2021 PACER
33	REPLY to Response to Motion re 24 MOTION to Stay Proceedings filed by Zach Ducheneaux, Thomas J Vilsack. (Knapp, Michael) (Entered: 08/13/2021)	Aug. 13, 2021	Aug. 13, 2021 PACER
34	NOTICE by Zach Ducheneaux, Thomas J Vilsack re 24 MOTION to Stay Proceedings (Supplemental Authority) (Attachments: # 1 Exhibit 1 - Carpenter Order)(Knapp, Michael) (Entered: 08/16/2021)	Aug. 16, 2021	Aug. 16, 2021 PACER
35	NOTICE by Zach Ducheneaux, Thomas J Vilsack re 24 MOTION to Stay Proceedings (Supplemental Authority) (Attachments: # 1 Exhibit 1 - Joyner Order)(Knapp, Michael) (Entered: 08/19/2021)	Aug. 19, 2021	Aug. 19, 2021 PACER
36	SUR-REPLY to Reply to Response to Motion re 24 MOTION to Stay Proceedings filed by Jarrod McKinney. (Fa, Wencong) (Entered: 08/20/2021)	Aug. 20, 2021	Aug. 20, 2021 PACER
37	NOTICE by Zach Ducheneaux, Thomas J Vilsack re 24 MOTION to Stay Proceedings (Supplemental Authority) (Attachments: # 1 Exhibit 1 - Faust Order Granting Stay)(Knapp, Michael) (Entered: 08/23/2021)	Aug. 23, 2021	Aug. 23, 2021 PACER
38	Unopposed MOTION to Withdraw as Attorney (Randolph T. Chen) by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Text of Proposed Order)(Chen, Randolph) (Entered: 08/25/2021) 1 Text of Proposed Order View on PACER	Aug. 25, 2021	Aug. 25, 2021 RECAP
39	ORDER granting 38 Motion to Withdraw as Attorney. Attorney Randolph T Chen terminated. Signed by District Judge Robert W. Schroeder, III on 8/26/2021. (nkl, ) (Entered: 08/26/2021)	Aug. 26, 2021	Aug. 26, 2021 PACER
40	ORDER granting 24 Motion to Stay Proceedings. Signed by District Judge Robert W. Schroeder, III on 8/30/2021. (nkl, ) (Entered: 08/30/2021)	Aug. 30, 2021	Aug. 30, 2021 RECAP
41	STATUS REPORT by Zach Ducheneaux, Thomas J Vilsack. (Knapp, Michael) (Entered: 11/29/2021)	Nov. 29, 2021	Nov. 29, 2021 RECAP
42	STATUS REPORT by Zach Ducheneaux, Thomas J Vilsack. (Knapp, Michael) (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022 PACER
43	STATUS REPORT by Zach Ducheneaux, Thomas J Vilsack. (Knapp, Michael) (Entered: 05/27/2022)	May 27, 2022	May 27, 2022 RECAP