Case: Rogers v. Vilsack

1:21-cv-01779 | U.S. District Court for the District of Colorado

Filed Date: June 29, 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 plaintiff, a white farmer from northeastern Colorado, filed this lawsuit in the United States District Court for the District of Colorado on June 29, 2021. The case was assigned to District Judge Daniel D. Domenico. She alleged Section 1005's categorization of socially disadvantaged groups prevented her from receiving a government benefit because of her race and thus was a racial classification that violated her Equal Protection rights. Represented by attorneys from the Mountain States Legal Foundation, she asked the court for declaratory and injunctive relief, attorneys' fees, and nominal damages of one dollar.

Shortly after the case was filed, the government moved for a stay in light of Miller v. Vilsack, another challenge to the same program being litigated in the Northern District of Texas. In that case, the court had enjoined the implementation of Section 1005 and certified a class of farmers who would have received benefits if not for the provision's socially disadvantaged groups category.

That motion remains pending as of November 14, 2021. Meanwhile, the plaintiffs have filed a motion to force the government to respond to their complaint or hold them in default, which also remains pending. The case is ongoing.

Summary Authors

Jonah Hudson-Erdman (11/14/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60038139/parties/rogers-v-vilsack/


Judge(s)

Crews, Shane Kato (Colorado)

Domenico, Daniel Desmond (Colorado)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Erhardt, Erin Marie (Colorado)

McDonald, David C (Colorado)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Judge(s)

Crews, Shane Kato (Colorado)

Domenico, Daniel Desmond (Colorado)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Erhardt, Erin Marie (Colorado)

McDonald, David C (Colorado)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Documents in the Clearinghouse

Document

1:21-cv-01779

Docket [PACER]

Nov. 11, 2021

Nov. 11, 2021

Docket
1

1:21-cv-01779

Complaint for Declaratory and Injunctive Relief

June 29, 2021

June 29, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60038139/rogers-v-vilsack/

Last updated Aug. 28, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Zach Ducheneaux, Thomas J. Vilsack (Filing fee $ 402,Receipt Number 1082-7937497)Attorney Corey Christopher Bartkus added to party Sara M Rogers(pty:pla), filed by Sara M Rogers. (Attachments: # 1 Civil Cover Sheet, # 2 Continuation of Main Document Notice of Related Cases, # 3 Summons Thomas J. Vilsack, # 4 Summons Ducheneaux)(Bartkus, Corey) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
2

Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, ) (Entered: 06/30/2021)

June 29, 2021

June 29, 2021

PACER
3

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (jsalz, ) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
4

ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/6/2021. Text Only Entry (dddlc3, ) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER

Order Referring Case to Magistrate Judge

July 6, 2021

July 6, 2021

PACER
5

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Sara M Rogers All parties do not consent.. (Bartkus, Corey) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
6

SUMMONS Returned Executed upon defendant(s) Thomas J. Vilsack served on 7/8/2021, answer due 9/6/2021. (Bartkus, Corey) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
7

SUMMONS Returned Executed upon defendant(s) Zach Ducheneaux served on 7/8/2021, answer due 9/6/2021. (Bartkus, Corey) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
8

MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
9

ORDER REFERRING MOTION: 8 MOTION to Stay Proceedings filed by Thomas J. Vilsack, Zach Ducheneaux. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 7/22/2021. Text Only Entry (dddlc3, ) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

PACER
10

RESPONSE to 8 MOTION to Stay Proceedings filed by Plaintiff Sara M Rogers. (Attachments: # 1 Exhibit Exh 1 - A Career Counselors Guide to Lateral Hiring at DOJ, # 2 Exhibit Exh 2 - Order Denying Motion to Stay, # 3 Exhibit Exh 3 - Choose Justice - Guide to U.S. DOJ for Law Students and Exp. Attorneys)(Bartkus, Corey) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
11

REPLY to Response to 8 MOTION to Stay Proceedings filed by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
12

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit McKinney - Order Granting Stay)(Newton, Emily) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
13

MOTION to Continue Defendants' Response Deadline by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Proposed Order (PDF Only))(Newton, Emily) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
14

ORDER REFERRING MOTION: 13 MOTION to Continue Defendants' Response Deadline filed by Thomas J. Vilsack, Zach Ducheneaux. Motion referred to Magistrate Judge S. Kato Crew by Judge Daniel D. Domenico on 9/1/2021. Text Only Entry (dddlc4, ) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
15

RESPONSE to 13 MOTION to Continue Defendants' Response Deadline filed by Plaintiff Sara M Rogers. (Bartkus, Corey) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER

Order Referring Motion

Sept. 1, 2021

Sept. 1, 2021

PACER
16

NOTICE of Entry of Appearance by Kyla Marie Snow on behalf of All Defendants Attorney Kyla Marie Snow added to party Zach Ducheneaux(pty:dft), Attorney Kyla Marie Snow added to party Thomas J. Vilsack(pty:dft) (Snow, Kyla) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
17

NOTICE OF DEFENDANTS' NONCOMPLIANCE WITH RESPONSIVE PLEADING DEADLINE by Plaintiff Sara M Rogers (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bartkus, Corey) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
18

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants 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
19

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Dunlap Order Granting Gov's Mot to Stay)(Newton, Emily) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
20

MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) by Plaintiff Sara M Rogers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bartkus, Corey) (Entered: 10/04/2021)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

Oct. 4, 2021

Oct. 4, 2021

RECAP
21

CLERK'S NOTE REGARDING DEFAULT. Clerk's Entry of Default will not be entered as to Zach Ducheneaux, Thomas J. Vilsack re 20 MOTION for Default Judgment (or, in the Alternative, Setting of Date Certain for Answer) as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed, a motion for extension of time to answer or to file a responsive pleading is pending, by Clerk. Text Only Entry (athom, ) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
22

ORDER REFERRING MOTION: 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Sara M Rogers. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 10/5/2021. Text Only Entry (dddlc4) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER

Clerks Note Regarding Default

Oct. 5, 2021

Oct. 5, 2021

PACER

Order Referring Motion

Oct. 5, 2021

Oct. 5, 2021

PACER
23

NOTICE re 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (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
24

NOTICE OF SUBSTITUTION by Plaintiff Sara M Rogers (McDonald, David) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
25

NOTICE OF NONCOMPLIANCE WITH COURT RULES re: 24 Notice of Substitution filed by David C. McDonald. Under D.C.COLO.LAttyR 5(b), substitution of counsel is not permitted; a withdrawal of appearance by an attorney must be made on motion for good cause with appropriate notice as stated therein. "Substituting" counsel must file a notice of entry of appearance in the case pursuant to D.C.COLO.LAttyR 5(a). (rvill, ) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
26

NOTICE of Entry of Appearance by David C McDonald on behalf of Sara M RogersAttorney David C McDonald added to party Sara M Rogers(pty:pla) (McDonald, David) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
27

RESPONSE to 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Snow, Kyla) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
28

MOTION to Withdraw as Attorney of Corey C. Bartkus by Plaintiff Sara M Rogers. (McDonald, David) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
29

REPLY to Response to 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Plaintiff Sara M Rogers. (McDonald, David) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

RECAP
30

ORDER granting 28 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Corey C. Bartkus as counsel of record, and to remove this name from the electronic certificate of mailing. Plaintiff Sara M. Rogers will continue to be represented by attorney David C. McDonald. SO ORDERED by Judge Daniel D. Domenico on 11/8/2021. Text Only Entry(dddlc4) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER

Order on Motion to Withdraw as Attorney

Nov. 9, 2021

Nov. 9, 2021

PACER
31

NOTICE of Entry of Appearance by Erin Marie Erhardt on behalf of Sara M RogersAttorney Erin Marie Erhardt added to party Sara M Rogers(pty:pla) (Erhardt, Erin) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
32

NOTICE of Supplemental Authorities in Opposition to Defendants' Motion to Stay re: 8 MOTION to Stay Proceedings by Plaintiff Sara M Rogers (Attachments: # 1 Exhibit 1 - Order re Supplemental Authority)(Erhardt, Erin) (Entered: 11/11/2021)

1 Exhibit 1 - Order re Supplemental Authority

View on PACER

Nov. 11, 2021

Nov. 11, 2021

PACER
33

NOTICE of Supplemental Authorities re: 8 MOTION to Stay Proceedings by Defendants Zach Ducheneaux, Thomas J. Vilsack (Attachments: # 1 Exhibit Wynn Order Staying Proceedings)(Newton, Emily) (Entered: 12/07/2021)

1 Exhibit Wynn Order Staying Proceedings

View on PACER

Dec. 7, 2021

Dec. 7, 2021

PACER
34

Unopposed MOTION to Withdraw as Attorney by Defendants Zach Ducheneaux, Thomas J. Vilsack. (Newton, Emily) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
35

ORDER granting 34 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate attorney Emily Sue Newton as counsel of record, and to remove this name from the electronic certificate of mailing. Defendants Thomas J. Vilsack and Zach Ducheneaux will continue to be represented by attorney Kyla Marie Snow. SO ORDERED by Judge Daniel D. Domenico on 1/4/2022. Text Only Entry(dddlc4) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Order on Motion to Withdraw as Attorney

Jan. 5, 2022

Jan. 5, 2022

PACER
36

ORDER granting 8 Motion to Stay. For the reasons stated herein, the Court GRANTS the Motion. The parties shall file a joint status report on June 30, 2022, and every 90 days thereafter, updating the Court on (1) the status of Miller v. Vilsack, and (2) the continued need for a stay. SO ORDERED by Magistrate Judge S. Kato Crews on 3-31-2022. (skclc2). (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP
37

ORDER granting 13 Motion to Continue. In light of the Court's Order [#36] staying this matter, the Court will GRANT Defendant's Motion. Defendants' obligation to answer or otherwise respond is also stayed. Defendants shall answer or otherwise respond within 21 days of the stay being lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
38

ORDER denying 20 Motion for Default Judgment. In light of the Court's Order STAYING this matter, this matter is DENIED, without prejudice. Plaintiff is granted leave to refile in the event Defendants fail to timely answer once the stay on this matter is lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

Order on Motion to Continue

April 1, 2022

April 1, 2022

PACER

Order on Motion for Default Judgment

April 1, 2022

April 1, 2022

PACER

Case Details

State / Territory: Colorado

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 29, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white farmer in northeastern Colorado

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secratary (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)

Discrimination-basis:

Race discrimination

Race:

White