Case: Carpenter v. Vilsack

2:21-cv-00103 | U.S. District Court for the District of Wyoming

Filed Date: May 24, 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 rancher from southeast Colorado, filed this lawsuit in the United States District Court for the District of Wyoming on May 24, 2021. The case was assigned to District Judge Nancy D Freudenthal. The plaintiff allege that 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, the Southeastern Legal Foundation, and a private law firm, she asked the court for declaratory and injunctive relief, attorneys' fees, and nominal damages of one dollar.

On August 16, 2021, the district court stayed this case pending the resolution 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.

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/59932049/parties/carpenter-v-united-states-department-of-agriculture-secretary/


Judge(s)

Freudenthal, Nancy Dell (Wyoming)

Rankin, Kelly H. (Wyoming)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

Hermann, Kimberly S. (Georgia)

Stubson, Timothy Michael (Wyoming)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Vassallo, Nicholas (Wyoming)

Judge(s)

Freudenthal, Nancy Dell (Wyoming)

Rankin, Kelly H. (Wyoming)

Attorneys(s) for Plaintiff

Bartkus, Corey Christopher (Colorado)

Boucek, Braden H (Georgia)

Hermann, Kimberly S. (Georgia)

Stubson, Timothy Michael (Wyoming)

Trachman, William Edward (Colorado)

Attorneys(s) for Defendant

Newton, Emily Sue (District of Columbia)

Snow, Kyla (District of Columbia)

Vassallo, Nicholas (Wyoming)

Documents in the Clearinghouse

Document

2:21-cv-00103

Docket [PACER]

Carpenter v. United States Department of Agriculture Secretary

Aug. 16, 2021

Aug. 16, 2021

Docket
1

2:21-cv-00103

Complaint for Declaratory and Injunctive Relief

May 24, 2021

May 24, 2021

Complaint
33

2:21-cv-00103

Order Granting Defendants' Motion to Stay

Aug. 16, 2021

Aug. 16, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59932049/carpenter-v-united-states-department-of-agriculture-secretary/

Last updated July 29, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (2 summonses issued) Counsel - payment is due within three calendar days. To pay the filing fee with a credit card, please use the event Notice of Civil Filing Fee in CM/ECF or send a check to the Clerk of US District Court, 2120 Capitol Avenue Room 2131, Cheyenne, WY 82001, filed by Leisl M Carpenter. (Attachments: # 1 Civil Cover Sheet) (Court Staff, skb) (Entered: 05/25/2021)

May 24, 2021

May 24, 2021

Clearinghouse
2

Summons Issued - Thomas J. Vilsack. (Court Staff, skb) (Entered: 05/25/2021)

May 24, 2021

May 24, 2021

PACER
3

Summons Issued - Zach Ducheneaux. (Court Staff, skb) (Entered: 05/25/2021)

May 24, 2021

May 24, 2021

PACER
4

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Braden Boucek to appear pro hac vice; Check not tendered; filed by Plaintiff Leisl M Carpenter. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Stubson, Timothy) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
5

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Corey C. Bartkus to appear pro hac vice; Check not tendered; filed by Plaintiff Leisl M Carpenter. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Stubson, Timothy) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
6

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Kimberly S. Hermann to appear pro hac vice; Check not tendered; filed by Plaintiff Leisl M Carpenter. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Stubson, Timothy) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
7

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for William E. Trachman to appear pro hac vice; Check not tendered; filed by Plaintiff Leisl M Carpenter. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Stubson, Timothy) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
8

ORDER by the Honorable Kelly H Rankin granting 4 Motion for Braden Boucek to appear pro hac vice ; granting 5 Motion for Corey C. Bartkus to appear pro hac vice ; granting 6 Motion for Kimberly S. Hermann to appear pro hac vice ; granting 7 Motion for William E. Trachman to appear pro hac vice on behalf of Leisl M. Carpenter. (Copy of order emailed to PHV counsel on this date). (Court Staff, stmo) Modified docket text on 6/1/2021 (Court Staff, stmo). (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER

FINANCIAL ENTRY: $402 filing fee paid via Pay.gov on this date. Receipt AWYDC-1939483. (Court Staff, sjk)

May 25, 2021

May 25, 2021

PACER
9

Notice of Pro Hac Vice Attorney Appearance by Kimberly S. Hermann on behalf of Leisl M Carpenter Filing fee $ 100, receipt number AWYDC-1941176. (Hermann, Kimberly) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
10

Notice of Pro Hac Vice Attorney Appearance by Braden Boucek on behalf of Leisl M Carpenter (Boucek, Braden) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
11

Notice of Pro Hac Vice Attorney Appearance by William Edward Trachman on behalf of Leisl M Carpenter (Trachman, William) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
12

Notice of Pro Hac Vice Attorney Appearance by Corey Christopher Bartkus on behalf of Leisl M Carpenter (Bartkus, Corey) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

FINANCIAL ENTRY: Payment of $100 received for pro hac vice for Braden Boucek. Receipt CHY034787. (Court Staff, sjk)

May 27, 2021

May 27, 2021

PACER

FINANCIAL ENTRY: Payment of $200 received for pro hac vice fees for William E Trachman & Corey C Bartkus. Receipt CHY034788. (Court Staff, sjk)

May 27, 2021

May 27, 2021

PACER
13

(TEXT-ONLY) Notice of Failure to Pay Filing Fee. Filing Fee Due: 5/28/21. (Court Staff, sjlg) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER

Notice of Civil Case Filing Fee Payment: Filing Fee $402 was paid with Receipt Number: CHY034790 (Court Staff, sbh)

May 28, 2021

May 28, 2021

PACER

Notice of Civil Case Filing Fee Payment: Filing Fee $402 was paid with Receipt Number: CHY034790 (Court Staff, sbh). Receipt CHY034790 to be refunded to Mountain States Legal Foundation as fee was already paid via Pay.gov on 5/25/21. Modified on 6/15/2021 (Court Staff, sjk).

May 28, 2021

May 28, 2021

PACER

Financial Entry

May 28, 2021

May 28, 2021

PACER

Notice of Failure to Pay Filing Fee

May 28, 2021

May 28, 2021

PACER

Notice of Civil Case Filing Fee Payment

May 28, 2021

May 28, 2021

PACER
14

Notice of Pro Hac Vice Attorney Appearance by Corey Christopher Bartkus on behalf of Leisl M Carpenter (Bartkus, Corey) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
15

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Emily Sue Newton to appear pro hac vice; Check not tendered; filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Attachments: # 1 Newton Declaration, # 2 Proposed Order)(Vassallo, Nicholas) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
16

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Kyla M. Snow to appear pro hac vice; Check not tendered; filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Attachments: # 1 Snow Declaration, # 2 Proposed Order)(Vassallo, Nicholas) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
17

NOTICE of Attorney Appearance by Nicholas Vassallo on behalf of Farm Service Agency Administrator, United States Department of Agriculture Secretary (Vassallo, Nicholas) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
18

ORDER by the Honorable Kelly H Rankin granting 15 Motion for Emily S. Newton to appear pro hac vice ; granting 16 Motion for Kyla M. Snow to appear pro hac vice on behalf of Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary (copy of order sent to pro hac vice counsel via e-mail). (Court Staff, stmo) Modified docket text on 6/14/2021 (Court Staff, stmo). (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER

Financial Entry

June 15, 2021

June 15, 2021

PACER
19

Notice of Pro Hac Vice Attorney Appearance by Kyla Snow on behalf of Farm Service Agency Administrator, United States Department of Agriculture Secretary (Snow, Kyla) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
20

ORDER REGARDING SERVICE by the Honorable Nancy D Freudenthal. Plaintiff shall file returns of service, or a status report, by 7/6/21.(Court Staff, sal) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
21

DISREGARD. To be refiled. SUMMONS Returned Executed by Leisl M Carpenter. United States Department of Agriculture Secretary served on 5/26/2021, answer due on 7/26/2021. Served through the Tom Vilsack. (Trachman, William) Modified on 6/21/2021 (Court Staff, sbh). (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
22

DISREGARD. To be refiled. SUMMONS Returned Executed by Leisl M Carpenter. Farm Service Agency Administrator served on 5/26/2021, answer due on 7/26/2021. Served through the Zach Ducheneaux. (Trachman, William) Modified on 6/21/2021 (Court Staff, sbh). (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
23

SUMMONS Returned Executed by Leisl M Carpenter. United States Department of Agriculture Secretary served on 6/1/2021, answer due on 8/2/2021. Served through the Tim Vilsack. (Trachman, William) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
24

SUMMONS Returned Executed by Leisl M Carpenter. Farm Service Agency Administrator served on 6/1/2021, answer due on 8/2/2021. Served through the Zach Ducheneaux. (Trachman, William) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
25

NOTICE of Attorney Appearance by Emily Sue Newton on behalf of Farm Service Agency Administrator, United States Department of Agriculture Secretary (Newton, Emily) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER

Summons Returned Executed-US Gov

June 21, 2021

June 21, 2021

PACER
26

DISREGARD - Duplicate filing filed in error. NOTICE of Attorney Appearance by William Edward Trachman on behalf of Leisl M Carpenter (Trachman, William) Modified on 7/14/2021 (Court Staff, stmo). (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER

Notice of Attorney Appearance

July 14, 2021

July 14, 2021

PACER
27

MOTION to stay case filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Attachments: # 1 Proposed Order)(Snow, Kyla) (Entered: 07/19/2021)

1 Proposed Order

View on PACER

July 19, 2021

July 19, 2021

RECAP
28

MEMORANDUM in Support of 27 Motion to Stay Case filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Attachments: # 1 Exhibit A - Miller Decision) (Snow, Kyla) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
29

MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Extension of Time (Non-Dispositive) requesting extension of deadline to answer Plaintiff's complaint filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Attachments: # 1 Proposed Order)(Snow, Kyla) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
30

ORDER by the Honorable Kelly H Rankin granting 29 Motion for Extension of Time. Defendants shall answer Plaintiffs Complaint by August 31, 2021.(Court Staff, smh) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
31

RESPONSE in Opposition re 27 MOTION to stay case filed by Plaintiff Leisl M Carpenter. (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 - Order Denying Motion to Stay) (Trachman, William) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
32

NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access REPLY BRIEF re 27 Motion to Stay Case filed by Defendants Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Newton, Emily) Security modified on 8/9/2021 (Court Staff, sal). (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
33

ORDER by the Honorable Nancy D Freudenthal granting 27 Motion to Stay Case. Defendants shall file and serve a Status Report every 6 months and shall also promptly report any action as specified in this Order. (Court Staff, sal) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

Clearinghouse
34

STATUS REPORT by Farm Service Agency Administrator, United States Department of Agriculture Secretary. (Snow, Kyla) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

RECAP

Case Details

State / Territory: Wyoming

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: May 24, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A white rancher from southeast Wyoming

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Agriculture (- United States (national) -), Federal

Secretary (Washington), Federal

Administrator (Washington), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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