Case: Holman v. Vilsack

1:21-cv-01085 | U.S. District Court for the Western District of Tennessee

Filed Date: June 2, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several challenging the American Rescue Plan’s (ARP) and U.S. Department of Agriculture’s (USDA) classification of “socially disadvantaged groups.”In March 2021, during the early months of the Biden Administration, Congress passed the American Reuse Plan Act (ARPA). ARPA was a large package of government programs aimed at combatting COVID-19 and stimulating the economy. Sections 1005 and 1006 of the ARPA directed the U.S. Department of Agriculture (USDA) and the Farm Service…

This case is one of several challenging the American Rescue Plan’s (ARP) and U.S. Department of Agriculture’s (USDA) classification of “socially disadvantaged groups.”

In March 2021, during the early months of the Biden Administration, Congress passed the American Reuse Plan Act (ARPA). ARPA was a large package of government programs aimed at combatting COVID-19 and stimulating the economy. Sections 1005 and 1006 of the ARPA directed the U.S. Department of Agriculture (USDA) and the Farm Services Agency (FSA) to forgive loans made to “socially disadvantaged farmers or ranchers.” 7 U.S.C. § 2279(a)(6) defines socially disadvantaged to mean “subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.”

On June 2, 2021, a white Tennessee farmer filed this lawsuit challenging Sections 1005 and 1006 in the United States District Court for the Western District of Tennessee’s Eastern Division. He alleged that the socially disadvantaged group category was a racial classification and its inclusion in the ARPA denied him government benefits because of his race. The plaintiff claimed that this policy violated the Due Process clause of the Fifth Amendment. (The Supreme Court held in Bolling v. Shape, 347 U.S. 483 (1954), that this provision applies the protections of the Fourteenth Amendment’s Equal Protection clause to the federal government through reverse incorporation.) He requested that the court grant declaratory and injunctive relief, attorneys' fees, and nominal damages of $1.00.

After the case was filed, it was wheeled out to Chief District Judge S. Thomas Anderson. The plaintiff was represented by attorneys from the Southeastern Legal Foundation and the Mountain States Legal Foundation, who have filed similar cases in other courts, including: Carpenter v. Vilsack and Rogers v. Vilsack.

Shortly after filing, the plaintiff moved for a preliminary injunction. After a hearing in late June, Judge Anderson granted the plaintiff’s motion in a July 8, 2021 order and enjoined the loan forgiveness payments in question. 2021 WL 2877915. He found that the plaintiff had shown a substantial likelihood on his claim that Section 1005 of the ARPA violated his Equal Projection rights. In his opinion, Judge Anderson noted several other challenges to the ARPA which where courts had reached similar results: Vitolo v. Guzman (999 F.3d 353), Faust v. Vilsack (519 F.Supp.3d 470), Wynn v. Vilsack (2021 WL 2580678), and Miller v. Vilsack.

The USDA and the FSA then moved to stay the case while other challenges to Section 1005 were litigated. Their main complaint was the Miller, where a Texas federal court had enjoined the implementation of the statute and certified classes of farmers and ranchers who might have been entitled to ARPA benefits. Judge Anderson denied that motion in an August 2, 2021 order. 2021 WL 3354169. He reasoned that the Sixth Circuit opinion in Vitolo, where the court of appeals had enjoined a similar program administered by the Small Business Administration, was binding precedent in his court, but not binding in Texas. He also noted that there were differences between claims made by this plaintiff and the plaintiffs in Miller.

After Judge Anderson stayed litigation in Joyner v. Vilsack, another challenge to Section 1005 filed in Tennessee, the government moved for reconsideration of his previous decision not to stay the case. In an order on October 22, 2021, Judge Anderson partially granted that motion and stayed discovery until he could decide a motion to dismiss filed by the defendants. However, as of October 31, 2021, no such motion has been filed.

The case remains pending.

Summary Authors

Jonah Hudson-Erdman (10/31/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59956674/parties/holman-v-vilsack/


Judge(s)

Anderson, Stanley Thomas (Tennessee)

York, Jon A. (Tennessee)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

O'Leary, Celia Howard (Georgia)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Calkins, Audrey M (Tennessee)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Anderson, Stanley Thomas (Tennessee)

York, Jon A. (Tennessee)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

O'Leary, Celia Howard (Georgia)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Calkins, Audrey M (Tennessee)

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Other Attorney(s)

Chen, Randolph T (District of Columbia)

Muraskin, David Samuel (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 8, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

June 2, 2021 Complaint
41

Order Granting Motion for Preliminary Injunction

2021 WL 2877915

July 8, 2021 Order/Opinion
49

Order Denying Defendants' Motion to Stay Proceedings Pending Resolution of Related Class Action

2021 WL 3354169

Aug. 2, 2021 Order/Opinion
59

Order Partially Granting Defendants' Motion for Reconsideration

Oct. 22, 2021 Order/Opinion

Resources

Title Description External URL

Holman v. Vilsak

Southeastern Legal Foundation

As part of the American Rescue Plan Act of 2021 signed by President Biden, Congress created a farm loan forgiveness program for non-white farmers. Under the program the U.S. Department of Agriculture… Aug. 2, 2021 https://www.slfliberty.org/case/holman-v-vilsak/

Holman V. Vilsack

Mountain States Legal Foundations

As part of the American Rescue Plan Act of 2021 signed by President Biden, Congress created a farm loan forgiveness program for non-white farmers. Under the program the U.S. Department of Agriculture… Aug. 2, 2021 https://mslegal.org/cases/holman-v-vilsack/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59956674/holman-v-vilsack/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATNWDC-3622754), filed by Robert Holman. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Boucek, Braden) (Entered: 06/02/2021)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

June 2, 2021 RECAP
2

Chief Judge S. Thomas Anderson and Magistrate Judge Jon A. York added. (mbm) (Entered: 06/02/2021)

June 2, 2021 PACER
3

Summons Issued as to All Defendants. 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. (Attachments: # 1 Summons - Ducheneaux)(mbm) (Entered: 06/02/2021)

June 2, 2021 PACER
4

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: 06/02/2021)

June 2, 2021 PACER
5

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: 06/02/2021)

June 2, 2021 PACER
6

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: 06/02/2021)

June 2, 2021 PACER

Notice LR 16.2

June 2, 2021 PACER

ADR Compliance

June 2, 2021 PACER

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

June 2, 2021 PACER
7

First MOTION for Preliminary Injunction proposed order submitted by All Plaintiffs. (Attachments: # 1 Memorandum, # 2 Attachment 1 - Vitolo opinion, # 3 Exhibit Attachment 2 - Holman declaration, # 4 Attachment 3 - ARPA full text, # 5 Attachment 4 - Blessed Cajuns, # 6 proposed order)(Boucek, Braden) (Entered: 06/06/2021)

June 6, 2021 PACER
8

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3625294) by Robert Holman. (O'Leary, Celia) (Entered: 06/07/2021)

June 7, 2021 PACER
9

ORDER GRANTING 8 MOTION FOR ADMISSION PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 6/7/2021. (mbm) (Entered: 06/07/2021)

June 7, 2021 PACER
10

SETTING LETTER: Re: 7 First MOTION for Preliminary Injunction. IN PERSON Motion Hearing set for 6/17/2021 09:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. ***Please be advised that Plaintiff's attorney must provide notice of the hearing to the United States Attorney for the Western District of Tennessee.***(mbb) (Entered: 06/08/2021)

June 8, 2021 PACER

Setting Letter

June 8, 2021 PACER
11

MOTION to Continue Preliminary Injunction Hearing and Motion for Extension of Time to Respond to Motion for Preliminary Injunction (proposed order submitted) by Zach Ducheneaux, Thomas J Vilsack. (Calkins, Audrey) (Entered: 06/09/2021)

June 9, 2021 PACER
12

RESPONSE in Opposition re 11 MOTION to Continue Preliminary Injunction Hearing and Motion for Extension of Time to Respond to Motion for Preliminary Injunction (proposed order submitted) filed by All Plaintiffs. (Attachments: # 1 Exhibit Faust v. Vilsack Declaration, # 2 Exhibit Faust v. Vilsack Response, # 3 Exhibit Wynn v. Vilsack Response)(Boucek, Braden) (Entered: 06/09/2021)

June 9, 2021 PACER
13

ORDER GRANTING DEFENDANTS' 11 MOTION TO CONTINUE PRELIMINARY INJUNCTION HEARING AND GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR PRELIMINARY INJUNCTION. Signed by Chief Judge S. Thomas Anderson on 6/10/2021. (mbm) (Entered: 06/10/2021)

June 10, 2021 PACER
14

NOTICE OF RESETTING: Re: 7 First MOTION for Preliminary Injunction IN PERSON Motion Hearing reset for 6/29/2021 08:45 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 06/10/2021)

June 10, 2021 PACER

Setting Letter

June 10, 2021 PACER
15

AFFIDAVIT of Service by Robert Holman. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(O'Leary, Celia) (Entered: 06/14/2021)

June 14, 2021 PACER

Pro Hac Vice Filing fee $ 150 paid, receipt number ATNWDC-3633621. (Trachman, William)

June 16, 2021 PACER
16

MOTION for Leave to Appear Pro Hac Vice (Fee paid as part of previous filing) by Robert Holman. (Attachments: # 1 Exhibit Certificates of Good Standing)(Trachman, William) (Entered: 06/16/2021)

June 16, 2021 PACER
17

MOTION for Leave to Appear Pro Hac Vice for Corey C. Bartkus (Filing fee $ 150 receipt number ATNWDC-3633652) by Robert Holman. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bartkus, Corey) (Entered: 06/16/2021)

June 16, 2021 PACER
18

ORDER DENYING 17 MOTION TO PROCEED PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 6/16/2021. (mbm) (Entered: 06/16/2021)

June 16, 2021 PACER
19

ORDER GRANTING 16 MOTION FOR LEAVE TO PROCEED PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 6/16/2021. (mbm) (Entered: 06/16/2021)

June 16, 2021 PACER
20

MOTION for Leave to Appear Pro Hac Vice for Corey C. Bartkus (Fee paid as part of previous filing) by Robert Holman. (Attachments: # 1 Exhibit Certificates of Good Standing)(Bartkus, Corey) (Entered: 06/16/2021)

June 16, 2021 PACER

Pay Pro Hac Vice Fee

June 16, 2021 PACER
21

ORDER GRANTING 20 MOTION FOR ADMISSION PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 6/17/2021. (mbm) (Entered: 06/17/2021)

June 17, 2021 PACER
22

NOTICE of Appearance by Kyla Snow on behalf of All Defendants (Snow, Kyla) (Entered: 06/21/2021)

June 21, 2021 PACER
23

NOTICE of Appearance by Emily Sue Newton on behalf of All Defendants (Newton, Emily) (Entered: 06/23/2021)

June 23, 2021 PACER
24

NOTICE of Appearance by Randolph Chen on behalf of National Black Farmers Association (Chen, Randolph) (Entered: 06/24/2021)

June 24, 2021 PACER
25

NOTICE of Appearance by Randolph Chen on behalf of Association of American Indian Farmers (Chen, Randolph) (Entered: 06/24/2021)

June 24, 2021 PACER
26

MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for a Preliminary Injunction and MEMORANDUM IN SUPPORT by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Appendix Proposed Amicus Brief, # 2 Exhibit Exh. 1 - J. Boyd Decl., # 3 Exhibit Exh. 2 - K. Boyd Decl., # 4 Exhibit Exh. 3 - I. Williams Decl., # 5 Exhibit Exh. 4 - S. Lewis Decl.)(Chen, Randolph) (Entered: 06/24/2021)

June 24, 2021 PACER
27

MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT by Association of American Indian Farmers, National Black Farmers Association. (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., # 5 Appendix Proposed Answer)(Chen, Randolph) (Entered: 06/24/2021)

June 24, 2021 PACER
28

Consent MOTION for Leave to File Excess Pages by All Defendants. (Attachments: # 1 Exhibit Response in Opposition to Plaintiff's Motion for a Preliminary Injunction, # 2 Exhibit A - Declaration of William Cobb, # 3 Exhibit B - Agriculture and Human Values Journal)(Snow, Kyla) (Entered: 06/24/2021)

June 24, 2021 PACER
29

ORDER GRANTING 26 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF. Signed by Chief Judge S. Thomas Anderson on 6/25/21. (cdi) (Entered: 06/25/2021)

June 25, 2021 PACER
30

ORDER GRANTING 28 DEFENDANTS' UNOPPOSED MOTION FOR LEAVE TO FILE EXCESS PAGES. Signed by Chief Judge S. Thomas Anderson on 6/25/21. (cdi) (Entered: 06/25/2021)

June 25, 2021 PACER
31

RESPONSE in Opposition re 7 First MOTION for Preliminary Injunction proposed order submitted filed by All Defendants. (Attachments: # 1 Exhibit A - Declaration of William Cobb, # 2 Exhibit B - Agriculture and Human Values Journal)(Snow, Kyla) (Entered: 06/25/2021)

June 25, 2021 PACER
32

Consent MOTION for Leave to File to File Reply Brief in Excess of 10 Pages (proposed order attached) by All Plaintiffs. (Attachments: # 1 proposed order attached)(Boucek, Braden) (Entered: 06/25/2021)

June 25, 2021 PACER
33

NOTICE of Appearance by David Samuel Muraskin on behalf of Association of American Indian Farmers, National Black Farmers Association (Muraskin, David) (Entered: 06/25/2021)

June 25, 2021 PACER
34

NOTICE by Association of American Indian Farmers, National Black Farmers Association re 7 First MOTION for Preliminary Injunction proposed order submitted Amicus Brief in Opposition to Plaintiff's Motion (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: 06/25/2021)

June 25, 2021 PACER
35

ORDER GRANTING 32 PLAINTIFF'S MOTION FOR LEAVE TO FILE REPLY. Signed by Chief Judge S. Thomas Anderson on 6/25/21. (cdi) (Entered: 06/25/2021)

June 25, 2021 PACER
36

REPLY to Response to Motion re 31 Response in Opposition to Motion, 12 Response in Opposition to Motion, filed by All Plaintiffs. (Attachments: # 1 Exhibit Faust v. Vilsack TRO)(Boucek, Braden) (Entered: 06/27/2021)

June 27, 2021 PACER
37

Minute Entry for proceedings held before Chief Judge S. Thomas Anderson: IN Person Motion Hearing held on 6/29/2021 re 7 First MOTION for Preliminary Injunction. Parties addressed the Court. Opening statements/remarks. Questions posed by the Court. Closing statements/remarks. Court to issue opinion. PRESENT: Braden Boucek, William Trachman for plaintiff. Kyla Snow, Audrey Calkins for defendants. (Court Reporter Kristi Heasley.) (mbb) (Entered: 06/29/2021)

June 29, 2021 PACER

Motion Hearing

June 29, 2021 PACER
38

NOTICE by Robert Holman (NOTICE OF SUPPLEMENTAL AUTHORITY) (Attachments: # 1 (Attachment 1 - Order))(Trachman, William) (Entered: 07/02/2021)

July 2, 2021 PACER
39

RESPONSE in Opposition re 27 MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT filed by All Plaintiffs. (Boucek, Braden) (Entered: 07/07/2021)

July 7, 2021 PACER
40

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 29, 2021, Motion Hearing before Judge S. Thomas Anderson. Court Reporter Kristi Heasley, Telephone number 731-421-9237. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 7/13/2021. Redaction Request due 7/29/2021. Release of Transcript Restriction set for 10/6/2021. (Heasley, Kristi) (Entered: 07/08/2021)

July 8, 2021 PACER
41

ORDER GRANTING 7 MOTION FOR PRELIMINARY INJUNCTION. Signed by Chief Judge S. Thomas Anderson on 7/8/2021. (mbm) (Entered: 07/08/2021)

July 8, 2021 RECAP
42

NOTICE by Association of American Indian Farmers, National Black Farmers Association re 27 MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT re Consultation and Proposed Order (Chen, Randolph) (Entered: 07/09/2021)

July 9, 2021 PACER
43

ORDER HOLDING 27 CONDITIONAL MOTION TO INTERVENE IN ABEYANCE. Signed by Chief Judge S. Thomas Anderson on 7/13/21. (cdi) (Entered: 07/13/2021)

July 13, 2021 PACER
44

SETTING LETTER: IN PERSON Scheduling Conference set for 8/5/2021 09:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 07/13/2021)

July 13, 2021 RECAP
45

MOTION to Stay Proposed Order Submitted by All Defendants. (Attachments: # 1 Exhibit A - Miller Decision)(Snow, Kyla) (Entered: 07/14/2021)

July 14, 2021 PACER
46

MOTION to Stay, Administratively, Timely Deadlines (proposed order submitted) by All Defendants. (Snow, Kyla) (Entered: 07/14/2021)

July 14, 2021 PACER
47

ORDER PARTIALLY GRANTING DEFENDANTS' 46 MOTION FOR ADMINISTRATIVE STAY PENDING RESOLUTION OF DEFENDANTS' STAY MOTION. Signed by Chief Judge S. Thomas Anderson on 7/15/2021. (mbm) (Entered: 07/15/2021)

July 15, 2021 PACER
48

RESPONSE in Opposition re 45 MOTION to Stay Proposed Order Submitted via email July 28, 2021 filed by Robert Holman. (Attachments: # 1 Exhibit 1 - A Career Counselors Guide to Lateral Hiring at DOJ, # 2 Exhibit 2 - Choose Justice - Guide to U.S. DOJ for Law Students and Exp. Attorneys, # 3 Exhibit 3 - 2022 Budget Summary, United States Department of Justice)(Trachman, William) (Entered: 07/28/2021)

July 28, 2021 PACER
49

ORDER DENYING DEFENDANTS' 45 MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF RELATED CLASS ACTION. Signed by Chief Judge S. Thomas Anderson on 8/2/2021. (mbm) (Entered: 08/02/2021)

Aug. 2, 2021 RECAP
50

SETTING LETTER: IN PERSON Scheduling Conference set for 9/2/2021 09:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 08/03/2021)

Aug. 3, 2021 PACER
51

REPORT of Rule 26(f) Planning Meeting . (Newton, Emily) (Entered: 08/16/2021)

Aug. 16, 2021 PACER
52

Consent MOTION to Withdraw as Attorney (Randolph T. Chen) (proposed order submitted) by Association of American Indian Farmers, National Black Farmers Association. (Chen, Randolph) (Entered: 08/25/2021)

Aug. 25, 2021 PACER
53

ORDER GRANTING UNOPPOSED 52 MOTION TO WITHDRAW AS COUNSEL. Signed by Chief Judge S. Thomas Anderson on 8/25/2021. (mbm) (Entered: 08/25/2021)

Aug. 25, 2021 PACER
54

NOTICE OF RESETTING: IN PERSON Scheduling Conference reset for 10/7/2021 09:15 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 08/25/2021)

Aug. 25, 2021 PACER

Setting Letter

Aug. 25, 2021 PACER
55

TRANSCRIPT RELEASE NOTICE: By Administrative Order 2008-35 the United States District Court for the Western District of Tennessee implemented a policy regarding remote access to electronic transcripts. Pursuant to that policy, as well as Civil Rule 5.2 and Criminal Rule 49.1, each party's attorney is required to review a transcript for information that should be redacted pursuant to the Judicial Conference's privacy policy which requires that Social Security numbers be redacted to show only the last four digits; birth dates should contain only the year of birth; individuals known to be minors should be referred to with initials; and financial account numbers should be redacted to the last four digits. Additionally, in criminal case files, home addresses should reveal only the city and state of residence.Our records indicate that the 90-day restriction on public access to an electronic transcript(s) in this matter will lapse within 10 days. If a redaction request is required but has not been filed, please do so immediately. Please feel free to contact our office for further guidance on this issue. (re: DE# 40 ; release date 10/06/2021) (mbm) (Entered: 09/27/2021)

Sept. 27, 2021 PACER

Transcript Release Notice

Sept. 27, 2021 PACER
56

Minute Entry for proceedings held before Chief Judge S. Thomas Anderson: Scheduling Conference held on 10/7/2021. Parties addressed the Court. Court addressed the parties. Counsel given until close of business on 10/13/21 to file responsive pleadings. Counsel to take dates and divide difference in half and submit new scheduling order with new deadlines to chambers. PRESENT: William Trachman, Celia O'Leary, Braden Boucek for plaintiff. Kyla Snow, Audrey Calkins for defendants. (Court Reporter Kristi Heasley.) (mbb) (Entered: 10/07/2021)

Oct. 7, 2021 PACER

Scheduling Conference

Oct. 7, 2021 PACER
57

MOTION to Dismiss for Lack of Jurisdiction or Failure to State a Claim by All Defendants. (Snow, Kyla) (Entered: 10/13/2021)

Oct. 13, 2021 PACER
58

MOTION for Reconsideration re 49 Order on Motion to Stay, or alternatively for stay of discovery pending resolution of motion to dismiss (proposed order submitted) by All Defendants. (Attachments: # 1 Exhibit A - Miller Order Denying Mot to Opt Out)(Snow, Kyla) (Entered: 10/15/2021)

1 Exhibit A - Miller Order Denying Mot to Opt Out

View on PACER

Oct. 15, 2021 RECAP
59

ORDER PARTIALLY GRANTING DEFENDANTS' 58 MOTION FOR RECONSIDERATION. Signed by Chief Judge S. Thomas Anderson on 10/22/2021. (mbm) (Entered: 10/22/2021)

Oct. 22, 2021 RECAP
60

RESPONSE in Opposition re 57 MOTION to Dismiss for Lack of Jurisdiction or Failure to State a Claim filed by All Plaintiffs. (Boucek, Braden) (Entered: 10/27/2021)

Oct. 27, 2021 PACER
61

Consent MOTION for Extension of Time to File Response/Reply (proposed order submitted) by All Defendants. (Snow, Kyla) (Entered: 10/29/2021)

Oct. 29, 2021 PACER
62

ORDER GRANTING DEFENDANTS' UNOPPOSED 61 MOTION FOR EXTENSION OF TIME TO SUMBIT REPLY BRIEF. Signed by Chief Judge S. Thomas Anderson on 11/1/2021. (mbm) (Entered: 11/01/2021)

Nov. 1, 2021 PACER
63

MOTION for Leave to File Reply Brief in Excess of Page Limits (proposed order submitted) by All Defendants. (Attachments: # 1 Exhibit A - Reply in Support of Motion to Dismiss)(Snow, Kyla) (Entered: 11/05/2021)

Nov. 5, 2021 PACER
64

ORDER GRANTING DEFENDANTS' 63 MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGE LIMITS. Signed by Chief Judge S. Thomas Anderson on 11/8/2021. (mbm) (Entered: 11/08/2021)

Nov. 8, 2021 PACER
65

REPLY to Response to Motion re 60 Response in Opposition to Motion to Dismiss Counts Two and Three for Lack of Jurisdiction and Failure to State a Claim filed by All Defendants. (Snow, Kyla) (Entered: 11/08/2021)

Nov. 8, 2021 RECAP
66

NOTICE by Robert Holman. RESPONSE in Opposition of Defendants' re 58 MOTION for Reconsideration re 49 Order on Motion to Stay, or alternatively for stay of discovery pending resolution of motion to dismiss (proposed order submitted), 57 MOTION to Dismiss for Lack of Jurisdiction or Failure to State a Claim of Supplemental Authority (Attachments: # 1 Exhibit Order in Kent v. Vilsack, Case No. 3:21-cv-540 (S.D. Ill. Nov. 10, 2021))(Boucek, Braden) Modified docket text on 11/22/2021 to clarify document title (cdi). (Entered: 11/22/2021)

1 Exhibit Order in Kent v. Vilsack, Case No. 3:21-cv-540 (S.D. Ill. Nov. 10, 2021)

View on PACER

Nov. 22, 2021 PACER
67

NOTICE by Zach Ducheneaux, Thomas J Vilsack of Supplemental Authority (Attachments: # 1 Exhibit 1 - Wynn Order)(Snow, Kyla) (Entered: 12/07/2021)

1 Exhibit 1 - Wynn Order

View on PACER

Dec. 7, 2021 PACER
68

ORDER. Signed by Chief Judge S. Thomas Anderson on 12/9/2021. (mbm) (Entered: 12/09/2021)

Dec. 9, 2021 RECAP
69

Consent MOTION to Withdraw as Attorney by All Defendants. (Newton, Emily) (Entered: 01/05/2022)

Jan. 5, 2022 PACER
70

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 69 Consent MOTION to Withdraw as Attorney filed by Zach Ducheneaux, Thomas J Vilsack has been filed. However, the following deficiency has been found: There is no clause in the docket text stating if you emailed your proposed Order. Proposed Orders are to be emailed to the appropriate Judge's ECF email in Word format. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (mbm) (Entered: 01/11/2022)

Jan. 11, 2022 PACER
71

ORDER GRANTING UNOPPOSED 69 MOTION TO WITHDRAW AS COUNSEL. Signed by Chief Judge S. Thomas Anderson on 1/11/2022. (mbm) (Entered: 01/11/2022)

Jan. 11, 2022 PACER

Deficiency Notice

Jan. 11, 2022 PACER
72

ORDER GRANTING DEFENDANTS' 57 MOTION FOR PARTIAL DISMISSAL. Signed by Chief Judge S. Thomas Anderson on 1/26/22. (mbm) (Entered: 01/26/2022)

Jan. 26, 2022 RECAP
73

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3797416) by Robert Holman. (Clayman, Jeffrey) (Entered: 01/28/2022)

Jan. 28, 2022 PACER
74

ORDER GRANTING 73 MOTION FOR LEAVE TO APPEAR PRO HAC VICE. Signed by Chief Judge S. Thomas Anderson on 1/28/22. (mbm) (Entered: 01/28/2022)

Jan. 28, 2022 PACER
75

MOTION to Withdraw as Attorney Proposed Order Submitted by Robert Holman. (O'Leary, Celia) (Entered: 01/31/2022)

Jan. 31, 2022 PACER
76

ORDER GRANTING 75 MOTION FOR LEAVE TO WITHDRAW COUNSEL. Signed by Chief Judge S. Thomas Anderson on 1/31/2022. (mbm) (Entered: 01/31/2022)

Jan. 31, 2022 PACER
77

MOTION to Stay (proposed order submitted) by All Defendants. (Snow, Kyla) (Entered: 02/01/2022)

Feb. 1, 2022 PACER
78

RESPONSE in Opposition re 77 MOTION to Stay (proposed order submitted) filed by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiff's First Set of Discovery Requests)(Boucek, Braden) (Entered: 02/15/2022)

1 Exhibit Plaintiff's First Set of Discovery Requests

View on PACER

Feb. 15, 2022 PACER
79

ORDER GRANTING DEFENDANTS' RENEWED 77 MOTION TO STAY. Signed by Chief Judge S. Thomas Anderson on 2/16/22. (mbm) (Entered: 02/16/2022)

Feb. 16, 2022 RECAP

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 2, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white farmer in western Tennesse

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Agriculture (Washington), Federal

Farm Services Agency (Washington), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Government Services

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

Discrimination-basis:

Race discrimination

Race:

White

Benefit Source:

American Rescue Plan (ARP)