Case: Nuest v. Vilsack

0:21-cv-01572 | U.S. District Court for the District of Minnesota

Filed Date: July 7, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their…

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."

The plaintiffs, seven white farmers from Minnesota and North Dakota, filed this lawsuit in the United States District Court for the District of Minnesota on July 7, 2021. The case was assigned to District Judge Nancy E. Brasel. they alleged that Section 1005's categorization of socially disadvantaged groups prevented them from receiving a government benefit because of their race and thus was a racial classification that violated their Equal Protection rights. Represented by attorneys from the Upper Midwest Center, they asked the court for declaratory and injunctive relief, as well as attorneys' fees.

On August 24, 2021, at the request of the parties, Judge Brasel stayed this case pending the resolution of Miller v. Vilsack, another challenge to the same program being litigated in the Northern District of Texas.

Summary Authors

Jonah Hudson-Erdman (11/14/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60044342/parties/nuest-v-vilsack/


Judge(s)

Brasel, Nancy Ellen None (Minnesota)

Brisbois, Leo I. (Minnesota)

Attorneys(s) for Plaintiff

Dickey, James (Minnesota)

Seaton, Douglas P (Minnesota)

Attorneys(s) for Defendant

Brooker, Gregory G (Minnesota)

Feldon, Gary Daniel (District of Columbia)

Judge(s)

Brasel, Nancy Ellen None (Minnesota)

Brisbois, Leo I. (Minnesota)

Attorneys(s) for Plaintiff

Dickey, James (Minnesota)

Seaton, Douglas P (Minnesota)

Attorneys(s) for Defendant

Brooker, Gregory G (Minnesota)

Feldon, Gary Daniel (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 24, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

July 7, 2021 Complaint
19

Order

Aug. 24, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60044342/nuest-v-vilsack/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants (filing fee $ 402, receipt number AMNDC-8867512) filed by Johnathan Quamme, Chad Walter, Samantha Quamme, Walter Brothers Family Farms LLC, Kaylyn Dalsted, Nuest Farms, Inc. d/b/a Nuest Partnership, Steve Nuest, Kevin Vetsch, Lynelle Vetsch. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Dickey, James) (Entered: 07/07/2021)

1 Civil Cover Sheet

View on PACER

July 7, 2021 RECAP
2

NOTICE of Appearance by James V. F. Dickey on behalf of All Plaintiffs. (Dickey, James) (Entered: 07/07/2021)

July 7, 2021 PACER
3

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil 6th Master list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 21-cv-1572 NEB/LIB. (KDS) (Entered: 07/08/2021)

July 8, 2021 PACER
4

Summons Issued as to Zach Ducheneaux, Thomas J. Vilsack. (KDS) (Entered: 07/08/2021)

July 8, 2021 PACER
5

NOTICE of Appearance by Douglas P Seaton on behalf of All Plaintiffs. (Seaton, Douglas) (Entered: 07/08/2021)

July 8, 2021 PACER
6

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Nuest Farms, Inc.. (Dickey, James) (Entered: 07/12/2021)

July 12, 2021 PACER
7

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Walter Brothers Family Farms LLC. (Dickey, James) (Entered: 07/12/2021)

July 12, 2021 PACER
8

NOTICE of Appearance by Gregory G Brooker on behalf of Zach Ducheneaux, Thomas J. Vilsack. (Brooker, Gregory) (Entered: 07/14/2021)

July 14, 2021 PACER
9

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Gary D. Feldon filed by Zach Ducheneaux, Thomas J. Vilsack. (Brooker, Gregory) (Entered: 07/23/2021)

July 23, 2021 PACER
10

NOTICE of Voluntary Dismissal by Kevin Vetsch, Lynelle Vetsch (Dickey, James) (Entered: 07/23/2021)

July 23, 2021 PACER
11

NOTICE of Appearance by Gary Feldon on behalf of All Defendants. (Feldon, Gary) (Entered: 07/26/2021)

July 26, 2021 PACER
12

TEXT ONLY ENTRY: ORDER granting 9 Motion for Admission Pro Hac Vice of U.S. Government Attorney Gary Feldon for Zach Ducheneaux and for Thomas J. Vilsack. Approved by Magistrate Judge Leo I. Brisbois on 7/26/2021. (JGK) (Entered: 07/26/2021)

July 26, 2021 PACER

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

July 26, 2021 PACER
13

STIPULATION re 1 Complaint, for Stay of Defendants' Response to the Complaint by Zach Ducheneaux, Thomas J. Vilsack. Jointly Signed by Steve Nuest, Kaylyn Dalsted, Chad Walter, Johnathan Quamme, Samantha Quamme, Nuest Farms, Inc., and Walter Brothers Family Farms LLC. (Brooker, Gregory) (Entered: 07/29/2021)

July 29, 2021 PACER
14

PROPOSED ORDER TO JUDGE re 13 Stipulation,. (Brooker, Gregory) (Entered: 07/29/2021)

July 29, 2021 PACER
15

ORDER on 13 Stipulation. No later than August 23, 2021, Defendants shall either a. File a motion to stay this case for so long as Plaintiffs remain members of a class in Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.), orb. File a response to the Complaint for Declaratory and Injunctive Relief; and If Defendants file a stay motion, and the Court denies it for any reason, the time for Defendants' response to the Complaint for Declaratory and Injunctive relief shall be stayed until two (2) weeks following the denial. Signed by Magistrate Judge Leo I. Brisbois on 7/29/2021.(JLB) (Entered: 07/29/2021)

July 29, 2021 PACER
16

(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Kyla M. Snow, Michael F. Knapp as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (CLK) (Entered: 07/30/2021)

July 30, 2021 PACER
17

STIPULATION re 15 Order on Stipulation,, by Zach Ducheneaux, Thomas J. Vilsack. Jointly Signed by Steve Nuest, Kaylyn Dalsted, Chad Walter, Kevin Vetsch, Johnathan Quamme, Lynelle Vetsch, Samantha Quamme, Nuest Farms, Inc., and Walter Bros. Family Farms LLC. (Feldon, Gary) (Entered: 08/23/2021)

Aug. 23, 2021 PACER
18

PROPOSED ORDER TO JUDGE re 17 Stipulation,. (Feldon, Gary) (Entered: 08/23/2021)

Aug. 23, 2021 PACER
19

ORDER - 1. The parties' Stipulation for Stay of Litigation [Docket No. 17 ] is GRANTED; 2. This matter is STAYED for so long as Plaintiffs remain members of certified classes in Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.); and 3. The parties shall submit a joint status report, on CM/ECF, within 90 days of the date of this Order, and said joint status report shall address whether the parties believe the stay in this matter should remain in effect or should be lifted as to some or all of the claims. Signed by Magistrate Judge Leo I. Brisbois on 8/24/2021.(JLB) (Entered: 08/24/2021)

Aug. 24, 2021 RECAP
21

Order/Notice to Attorney

Nov. 23, 2021 PACER
23

Order in Response to Letter/Request/E-mail

Feb. 24, 2022 PACER

State / Territory: Minnesota

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: July 7, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

White farmers from Minnesota and North Dakota

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary (Washington), Federal

Administrator (Washington), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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:

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Race:

White