Case: Joyner v. Vilsack

1:21-cv-01089 | U.S. District Court for the Western District of Tennessee

Filed Date: June 15, 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 farmer filed suit in the U.S. District Court for the Western District of Tennessee Eastern Division (Jackson) on June 15, 2021. The sole defendant was the Secretary of Agriculture who leads the USDA. Plaintiff challenged Section 1005 of the ARP which provided loan forgiveness to farmers during the COVID-19 pandemic only if…

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 farmer filed suit in the U.S. District Court for the Western District of Tennessee Eastern Division (Jackson) on June 15, 2021. The sole defendant was the Secretary of Agriculture who leads the USDA. Plaintiff challenged Section 1005 of the ARP which provided loan forgiveness to farmers during the COVID-19 pandemic only if they qualified as “socially disadvantaged.” The USDA defined “socially disadvantaged” as a farmer or rancher who was from one or more of the following ethnic groups: African Americans, American Indians, Alaskan Natives, Asians, Hispanics, and Pacific Islanders. Plaintiff alleged this debt relief program discriminated on the basis of race in violation of equal protection. Relief sought included declaratory and injunctive relief and attorney's fees. Plaintiff was represented by the Liberty Justice Center, a non-profit that seeks to protect those claiming their “constitutional rights have been violated.” Chief Judge S. Thomas Anderson was assigned.

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 16, 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 Anderson granted the defendants' motion for a stay on September 13, 2021. As of October 2021, the case remains stayed while Miller is pending.

Summary Authors

Eric Gripp (8/9/2021)

Jonah Hudson-Erdman (10/31/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59986502/parties/joyner-v-vilsack/


Judge(s)

Anderson, Stanley Thomas (Tennessee)

York, Jon A. (Tennessee)

Attorneys(s) for Plaintiff

Jennings, Jeffrey D (Illinois)

Kelsey, Brian K (Illinois)

Stephens, Reilly (Illinois)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Calkins, Audrey M (Tennessee)

Farby, Lesley (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Judge(s)

Anderson, Stanley Thomas (Tennessee)

York, Jon A. (Tennessee)

Attorneys(s) for Plaintiff

Jennings, Jeffrey D (Illinois)

Kelsey, Brian K (Illinois)

Stephens, Reilly (Illinois)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Calkins, Audrey M (Tennessee)

Farby, Lesley (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Murphy, Joseph C (Tennessee)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Documents in the Clearinghouse

Document

1:21-cv-01089

Docket [PACER]

Sept. 13, 2021

Sept. 13, 2021

Docket
1

1:21-cv-01089

Complaint

June 15, 2021

June 15, 2021

Complaint
12

1:21-cv-01089

Defendant's Motion to Stay Proceedings Pending Resolution of Related Class Action

July 16, 2021

July 16, 2021

Pleading / Motion / Brief
21

1:21-cv-01089

Order Granting Defendants' Motion to Stay

2021 WL 3699869

Aug. 19, 2021

Aug. 19, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59986502/joyner-v-vilsack/

Last updated Aug. 10, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Thomas J Vilsack (Filing fee $ 402 receipt number ATNWDC-3632730), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kelsey, Brian) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
2

Chief Judge S. Thomas Anderson and Magistrate Judge Jon A. York added. (mbm) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
3

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (mbm) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
4

NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (mbm) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
5

NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (mbm) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER

Notice LR 16.2

June 15, 2021

June 15, 2021

PACER

ADR Compliance

June 15, 2021

June 15, 2021

PACER

Notice LR 72.1 - Right to Consent to Jurisdiction by Magistrate Judge

June 15, 2021

June 15, 2021

PACER
6

MOTION for Leave to Appear Pro Hac Vice of Attorney Reilly Stephens (Proposed Order Submitted) (Filing fee $ 150 receipt number ATNWDC-3635732) by Adam Joyner. (Kelsey, Brian) (Entered: 06/18/2021)

June 18, 2021

June 18, 2021

PACER
7

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 6 MOTION for Leave to Appear Pro Hac Vice of Attorney Reilly Stephens (Proposed Order Submitted) (Filing fee $ 150 receipt number ATNWDC-3635732) filed by Adam Joyner has been filed. However, the following deficiency has been found: Your motion for pro hac for Attorney Reilly Stephens was filed using the login and password of Attorney Brian Kelsey. The attorney seeking admission must request Pro Hac Admission on their own behalf through PACER. Please refer to the Pro Hac Vice Instructions on our website for filing procedures. The current motion for pro hac vice will be terminated so that you may correctly apply for Pro Hac Admission and then refile your motion. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (cdi) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
8

Summons Issued as to Thomas J Vilsack. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (cdi) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

Deficiency Notice

June 21, 2021

June 21, 2021

PACER
9

MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by Adam Joyner. (Stephens, Reilly) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
10

ORDER GRANTING 9 MOTION TO APPEAR PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 6/30/2021. (mbm) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
11

NOTICE of Appearance by Kyla Snow on behalf of Thomas J Vilsack (Snow, Kyla) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
12

MOTION to Stay proposed order submitted by All Defendants. (Attachments: # 1 Exhibit A - Miller Decision)(Snow, Kyla) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
13

NOTICE of Appearance by Audrey M. Calkins on behalf of Thomas J Vilsack (Calkins, Audrey) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
14

RESPONSE in Opposition re 12 MOTION to Stay proposed order submitted filed by Adam Joyner. (Stephens, Reilly) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
15

NOTICE by Adam Joyner of Supplemental Authority (Stephens, Reilly) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

RECAP
16

Consent MOTION for Leave to File Reply Brief in Support of Motion to Stay (proposed order submitted) by Thomas J Vilsack. (Attachments: # 1 Exhibit A - Reply Brief)(Snow, Kyla) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
17

ORDER GRANTING DEFENDANTS' UNOPPOSED 16 MOTION FOR LEAVE TO FILE REPLY BRIEF. Signed by Chief Judge S. Thomas Anderson on 8/6/2021. (mbm) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
18

REPLY to Response to Motion re 14 Response in Opposition to Motion to Stay Proceedings filed by Thomas J Vilsack. (Snow, Kyla) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
19

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3675924) by Adam Joyner. (Jennings, Jeffrey) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
20

NOTICE by Thomas J Vilsack re 12 MOTION to Stay proposed order submitted (Attachments: # 1 Exhibit Carpenter opinion granting stay)(Newton, Emily) (Entered: 08/16/2021)

1 Exhibit Carpenter opinion granting stay

View on PACER

Aug. 16, 2021

Aug. 16, 2021

PACER
21

ORDER GRANTING DEFENDANTS' 12 MOTION TO STAY. Signed by Chief Judge S. Thomas Anderson on 8/19/2021. (mbm) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

RECAP
22

ORDER GRANTING 19 MOTION TO ADMIT COUNSEL PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 9/13/2021. (mbm) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
23

NOTICE of Appearance by Buck Dougherty on behalf of Adam Joyner (Dougherty, Buck) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

RECAP
24

MOTION to Withdraw as Attorney proposed order attached by Adam Joyner. (Kelsey, Brian) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
25

ORDER GRANTING 24 MOTION TO WITHDRAW AS COUNSEL. Signed by Chief Judge S. Thomas Anderson on 1/18/2022. (mbm) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
26

NOTICE of Change of Address by Reilly Stephens (Stephens, Reilly) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: June 15, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white farmer from Gibson County, Tennessee

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

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

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)