Case: Black Farmers Agriculturalists Association, Inc v. Vilsack

2:23-cv-02527 | U.S. District Court for the Western District of Tennessee

Filed Date: Aug. 24, 2023

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case.]  This is a case about Section 22007 of the Inflation
Reduction Act, which directed the U.S. Department of Agriculture to implement a $2.2 billion program providing financial assistance to farmers who had experienced discrimination by USDA in farm lending prior to 2021.  The lawsuit was filed on August 24, 2023, in the United States District Court for the Western District of Tennessee.  Plaintiffs were represented by the private counsel.  The district court dismissed the case; on Oct. 8, 2025, the Court of Appeals affirmed. 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67726638/parties/black-farmers-agriculturalists-association-inc-v-vilsack/


Judge(s)

Lipman, Sheryl Halle (Tennessee)

Attorney for Plaintiff
Attorney for Defendant

Lewis, John T. (Tennessee)

Lowry, Faith (Tennessee)

Martin, Michael Jason (Tennessee)

Ross, Casen

Documents in the Clearinghouse

Documents in this case
1

2:23-cv-02527

Emergency Complaint for Declaratory and Injunctive Relief

Black Farmers & Agriculturalists Association v. The Honorable Thomas J. Vilsack

Aug. 24, 2023

Aug. 24, 2023

Complaint
41

2:23-cv-02527

First Amended Complaint For Class, Declaratory and Injunctive Relief

Black Farmers Agriculturalists Association, Inc et al. v. Vilsack et al.

Oct. 10, 2023

Oct. 10, 2023

Complaint
74

2:23-cv-02527

Order Denying Plaintiffs' Second Motion for a Preliminary Injunction and Granting Defendants' Motion to Dismiss

Black Farmers & Agriculturalists Association v. Vilsack

Jan. 9, 2024

Jan. 9, 2024

Order/Opinion

2024 WL 102624

44-2

24-05119

Opinion

Black Farmers and Agriculturalists Association v. Rollins

U.S. Court of Appeals for the Sixth Circuit

Oct. 8, 2025

Oct. 8, 2025

Order/Opinion

154 F.4th 473

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67726638/black-farmers-agriculturalists-association-inc-v-vilsack/

Last updated July 28, 2026, 8:28 p.m.

ECF Number Date Description Link
1 Aug. 24, 2023

COMPLAINT for Declaratory and Injunctive Relief (EMERGENCY) against All Defendants (Filing fee $ 402 receipt number ATNWDC-4218130), filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons AG, # 7 Summons Ducheneaux, # 8 Summons Ritz, # 9 Summons Vilsack)(Squire, Percy) (Entered: 08/24/2023)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Civil Cover Sheet

View on PACER

6 Summons AG

View on PACER

7 Summons Ducheneaux

View on PACER

8 Summons Ritz

View on PACER

9 Summons Vilsack

View on PACER

Clearinghouse
2 Aug. 24, 2023

MOTION for Preliminary Injunction by All Plaintiffs. (Squire, Percy) (Entered: 08/24/2023)

RECAP
3 Aug. 24, 2023

MOTION for Temporary Restraining Order (proposed order Submitted) by All Plaintiffs. (Squire, Percy) (Entered: 08/24/2023)

RECAP
4 Aug. 24, 2023

ATTACHMENT Declaration of Thomas Burrell to 3 MOTION for Temporary Restraining Order (proposed order Submitted) by Black Farmers Agriculturalists Association, Inc, Thomas Burrell.. (Squire, Percy) (Entered: 08/24/2023)

RECAP
5 Aug. 24, 2023

Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (agj) (Entered: 08/24/2023)

RECAP
6 Aug. 24, 2023

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 (agj) (Entered: 08/24/2023)

RECAP
7 Aug. 24, 2023

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 (agj) (Entered: 08/24/2023)

RECAP
8 Aug. 24, 2023

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 (agj) (Entered: 08/24/2023)

RECAP
9 Aug. 24, 2023

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 1 Complaint, filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: the pleading does not have the required electronic signatures on the complaint nor civil cover sheet. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) (Entered: 08/24/2023)

RECAP
10 Aug. 24, 2023

Summons Issued as to Zach Ducheneaux, Thomas J Vilsack, U.S. Attorney and U.S. Attorney General. 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 Honorable Zach Ducheneaux, # 2 Kevin Ritz, U.S. Attorney WDTN, # 3 Honorable Thomas Vilsack)(agj) (Entered: 08/24/2023)

RECAP
11 Aug. 24, 2023

AMENDED DOCUMENT by Black Farmers Agriculturalists Association, Inc, Thomas Burrell. Amendment to 9 Deficiency Notice,, 1 Complaint, signed documents. (Attachments: # 1 Civil Cover Sheet)(Squire, Percy) (Entered: 08/24/2023)

RECAP
12 Aug. 24, 2023

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4218380) by All Plaintiffs. (Attachments: # 1 Exhibit SDOH Cert. of Good Standing, # 2 Exhibit Supreme Ct. OH Cert f Good Standing)(Squire, Percy) (Entered: 08/24/2023)

RECAP
Aug. 24, 2023

Deficiency Notice

Aug. 24, 2023

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

Aug. 24, 2023

Notice LR 16.2

Aug. 24, 2023

ADR Compliance

13 Aug. 25, 2023

ORDER SETTING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Sheryl H. Lipman on August 25, 2023. (shl) (Entered: 08/25/2023)

RECAP
14 Aug. 25, 2023

TEXT ONLY ORDER GRANTING 12 Motion for Leave to Appear Pro Hac Vice filed by Percy Squire. Signed by Chief Judge Sheryl H. Lipman on 8/25/2023. (shl) (Entered: 08/25/2023)

RECAP
15 Aug. 25, 2023

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 3 MOTION for Temporary Restraining Order (proposed order Submitted) filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Document is not a motion. Please resubmit as a motion for temporary restraining order within the next 24 hours. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 08/25/2023)

RECAP
16 Aug. 25, 2023

Corrected MOTION for Temporary Restraining Order proposed order submitted by All Plaintiffs. (Squire, Percy) (Entered: 08/25/2023)

RECAP
17 Aug. 25, 2023

SETTING LETTER: A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order has been SET before Chief Judge Sheryl H. Lipman for THURSDAY, AUGUST 31, 2023 at 2:00 P.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.The parties are instructed to have present any witnesses who will be needed for this hearing.(mmm) (Entered: 08/25/2023)

RECAP
Aug. 25, 2023

Deficiency Notice

Aug. 25, 2023

Order on Motion for Leave to Appear Pro Hac Vice

18 Aug. 28, 2023

TEXT SETTING LETTER: **This hearing will now take place by TEAMS** A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order SET before Chief Judge Sheryl H. Lipman for THURSDAY, AUGUST 31, 2023 at 2:00 P.M. will NOW take place via Microsoft TEAMS Video. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Melanie Mullen at melanie_mullen@tnwd.uscourts.gov for any questions.(mmm) (Entered: 08/28/2023)

RECAP
19 Aug. 28, 2023

MOTION Joint Motion to Hold Motion for Temporary Restraining Order in Abeyance and to Enter Briefing Schedule proposed order submitted by Zach Ducheneaux, Thomas J Vilsack. (Martin, Michael) (Entered: 08/28/2023)

RECAP
20 Aug. 28, 2023

TEXT SETTING LETTER: A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order has been RESET to take place as a Status Conference on THURSDAY, AUGUST 31, 2023 at 2:00 P.M. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. Please email Melanie Mullen at melanie_mullen@tnwd.uscourts.gov for any questions.(mmm) (Entered: 08/28/2023)

RECAP
Aug. 28, 2023

Setting Letter - Teams

21 Aug. 31, 2023

MEMORANDUM in Support re 16 Corrected MOTION for Temporary Restraining Order proposed order submitted, 3 MOTION for Temporary Restraining Order (proposed order Submitted) CORRECTED filed by All Plaintiffs. (Squire, Percy) (Entered: 08/31/2023)

RECAP
22 Aug. 31, 2023

Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Status Conference held on 8/31/2023 via Microsoft Teams Video. Percy Squire appeared for plaintiffs. Michael Jason Martin appeared for defendants. John Lewis appeared on behalf of the DOJ. John Lewis has filed an application for admission. Status of the Case was discussed. A Hearing is set for Thursday, September 28, 2023 at 10:30 AM in person before Chief Judge Sheryl H. Lipman in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. By Friday, September 15, 2023, parties are to file a Joint Statement regarding their positions on the hearing and to inform the Court whether live testimony will be needed. (Court Reporter: Polly Wardlaw) (mmm) (Entered: 08/31/2023)

RECAP
23 Aug. 31, 2023

SETTING LETTER: A HEARING has been SET before Chief Judge Sheryl H. Lipman for THURSDAY, September 28, 2023 at 10:30 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.The parties are instructed to have present any witnesses who will be needed for this hearing. (mmm) (Entered: 08/31/2023)

RECAP
Aug. 31, 2023

Status Conference

24 Sept. 1, 2023

NOTICE of Appearance by John T. Lewis on behalf of All Defendants (Lewis, John) (Entered: 09/01/2023)

RECAP
25 Sept. 7, 2023

Joint MOTION Joint Statement and Motion to Enter Amended Briefing Schedule Proposed Order Submitted by All Defendants. (Attachments: # 1 Proposed Order)(Lewis, John) (Entered: 09/07/2023)

RECAP
26 Sept. 7, 2023

ORDER granting 25 JOINT MOTION TO AMEND BRIEFING SCHEDULE AND DENYING PLAINTIFFS' REQUEST FOR ORAL ARGUMENT. Signed by Chief Judge Sheryl H. Lipman on September 7, 2023. (shl) (Entered: 09/07/2023)

RECAP
27 Sept. 8, 2023

NOTICE OF CANCELLATION: THE HEARING that was SET on THURSDAY, September 28, 2023 at 10:30 A.M. before Chief Judge Sheryl H. Lipman IS CANCELLED. (mmm) (Entered: 09/08/2023)

RECAP
Sept. 8, 2023

Notice (Other)

28 Sept. 9, 2023

NOTICE by Black Farmers Agriculturalists Association, Inc re 2 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Supplemental Declaration of Thomas Burrell, # 2 Exhibit Declaration of Mary Ferguson unsigned, # 3 Exhibit Declaration of Claudette Jackson unsigned)(Squire, Percy) (Entered: 09/09/2023)

RECAP
29 Sept. 9, 2023

NOTICE by Black Farmers Agriculturalists Association, Inc re 28 Notice (Other), (Attachments: # 1 Exhibit Executed declaration of Mary Ferguson, # 2 Exhibit Executed declaration of Claudette Jackson)(Squire, Percy) (Entered: 09/09/2023)

RECAP
30 Sept. 11, 2023

TEXT ONLY ORDER finding as moot 19 Motion to Hold Motion for Temporary Restraining Order in Abeyance and to Enter Briefing Schedule. Signed by Chief Judge Sheryl H. Lipman on September 11, 2023. (shl) (Entered: 09/11/2023)

RECAP
Sept. 11, 2023

Order on Motion for Miscellaneous Relief

31 Sept. 15, 2023

RESPONSE in Opposition re 16 Corrected MOTION for Temporary Restraining Order proposed order submitted, 2 MOTION for Preliminary Injunction, 3 MOTION for Temporary Restraining Order (proposed order Submitted) filed by All Defendants. (Attachments: # 1 Exhibit Internet Sources, # 2 Exhibit Proposed Order)(Lewis, John) (Entered: 09/15/2023)

RECAP
32 Sept. 21, 2023

First MOTION for Extension of Time to File Response/Reply as to 31 Response in Opposition to Motion, for preliminary injunction by Black Farmers Agriculturalists Association, Inc. (Squire, Percy) (Entered: 09/21/2023)

RECAP
33 Sept. 21, 2023

NOTICE by Black Farmers Agriculturalists Association, Inc re 32 First MOTION for Extension of Time to File Response/Reply as to 31 Response in Opposition to Motion, for preliminary injunction notice of no objection (Squire, Percy) (Entered: 09/21/2023)

RECAP
34 Sept. 22, 2023

TEXT ONLY ORDER GRANTING 32 UNOPPOSED MOTION TO EXTEND REPLY TO DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. Reply is now due September 25, 2023. Signed by Chief Judge Sheryl H. Lipman on September 22, 2023. (shl) (Entered: 09/22/2023)

RECAP
Sept. 22, 2023

Order on Motion for Extension of Time to File Response/Reply

35 Sept. 25, 2023

REPLY to Response to Motion re 31 Response in Opposition to Motion, and Motion to File an Amended Complaint filed by All Plaintiffs. (Squire, Percy) (Entered: 09/25/2023)

RECAP
36 Sept. 25, 2023

NOTICE by Zach Ducheneaux, Thomas J Vilsack of Extended Deadline (Attachments: # 1 Exhibit Press Release)(Lewis, John) (Entered: 09/25/2023)

RECAP
37 Sept. 25, 2023

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 35 Reply to Response to Motion filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Filer failed to include certificate of consultation. Chambers also cannot rule on a reply when you've also included a motion to amend compliant. Please resubmit as a motion and include the certificate of consultation. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 09/25/2023)

RECAP
Sept. 25, 2023

Deficiency Notice

38 Sept. 26, 2023

REPLY to Response to Motion re 31 Response in Opposition to Motion, and Motion to File an Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit A)(Squire, Percy) (Entered: 09/26/2023)

RECAP
39 Sept. 26, 2023

SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for WEDNESDAY, OCTOBER 18, 2023 at 9:30 A.M. before Chief Judge Sheryl H. Lipman in Courtroom No. 1, on the 11th floor of the Federal Building, Memphis, Tennessee.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS.(mmm) (Entered: 09/26/2023)

RECAP
40 Sept. 28, 2023

ORDER FINDING AS MOOT 2 MOTION FOR PRELIMINARY INJUNCTION; 16 MOTION FOR TRO AND GRANTING PLAINTIFFS MOTION TO FILE AN AMENDED COMPLAINT. Signed by Chief Judge Sheryl H. Lipman on September 28, 2023. (shl) (Entered: 09/28/2023)

RECAP
41 Oct. 10, 2023

AMENDED COMPLAINT FOR CLASS, DECLARATORY AND INJUNCTIVE RELIEF against All Defendants All Defendants., filed by All Plaintiffs.(Squire, Percy) (Entered: 10/10/2023)

Clearinghouse
42 Oct. 11, 2023

SUMMONS Returned Executed by Black Farmers Agriculturalists Association, Inc, Thomas Burrell as to Kevin G. Ritz. (Squire, Percy) (Entered: 10/11/2023)

RECAP
43 Oct. 11, 2023

Joint MOTION to Vacate Scheduling Conference, Joint MOTION to Enter Briefing Schedule and Joint Status Report by All Defendants. (Attachments: # 1 Proposed Order Submitted)(Lewis, John) (Entered: 10/11/2023)

RECAP
44 Oct. 13, 2023

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 41 Amended Complaint filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Filer failed to add additional parties when prompted. Clerk's office will add these defendants, instead of having counsel publish a second amended complaint to add these parties. Please refer to the ECF User Manual and ECF Policies and Procedures. (jae) (Entered: 10/13/2023)

RECAP
45 Oct. 13, 2023

ORDER DENYING 43 JOINT MOTION TO VACATE SCHEDULING CONFERENCE AND RESETTING THE SCHEDULING CONFERENCE VIA VIDEO. Signed by Chief Judge Sheryl H. Lipman on October 13, 2023. (shl) (Entered: 10/13/2023)

RECAP
46 Oct. 13, 2023

SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been RESET to take place by MICROSOFT TEAMS VIDEO on WEDNESDAY, OCTOBER 18, 2023 at 9:30 A.M. before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS. The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings. The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for Joining a Meeting in Teams or Joining a Meeting Without a Teams Account. (mmm) (Entered: 10/13/2023)

RECAP
Oct. 13, 2023

Deficiency Notice

47 Oct. 18, 2023

Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Scheduling Conference was set to be held on 10/18/2023. Percy Squire appeared for the Plaintiffs. John T. Lewis and Michael Jason Martin appeared for the Defendants. Briefing schedule discussed instead of setting a schedule in the case. Plaintiff to file a Preliminary Injunction Motion by October 27, 2023. Defendants to file their consolidated opposition and cross motion to dismiss by November 13, 2023. Plaintiff's reply due by November 27, 2023 and Defendant's reply due by December 7, 2023. Parties are to submit a proposed scheduling order one week after the Court rules on the motion. The Court will enter an order regarding these deadlines. (Court Reporter: Candace Covey) (mmm) (Entered: 10/18/2023)

RECAP
48 Oct. 18, 2023

ORDER SETTING BRIEFING SCHEDULE. Signed by Chief Judge Sheryl H. Lipman on October 18, 2023. (shl) (Entered: 10/18/2023)

RECAP
Oct. 18, 2023

Scheduling Conference

50 Oct. 23, 2023

MOTION to Intervene by Corey Lea. (Attachments: # 1 Exhibit Declaratory Judgment, # 2 envelope)(agj) (Entered: 10/24/2023)

RECAP
49 Oct. 24, 2023

SUMMONS Returned Executed by Black Farmers Agriculturalists Association, Inc, Thomas Burrell as to Zach Ducheneaux, Thomas J Vilsack. (Attachments: # 1 Supplement)(Squire, Percy) (Entered: 10/24/2023)

RECAP
51 Oct. 25, 2023

MOTION for Extension of Time to File proposed order submitted by Black Farmers Agriculturalists Association, Inc, Thomas Burrell. (Squire, Percy) (Entered: 10/25/2023)

RECAP
52 Oct. 26, 2023

ORDER GRANTING 51 MOTION FOR EXTENSION OF TIME. Signed by Chief Judge Sheryl H. Lipman on October 26, 2023. (shl) (Entered: 10/26/2023)

RECAP
53 Oct. 30, 2023

Second MOTION for Preliminary Injunction by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Attachments: # 1 Exhibit Declaration)(Squire, Percy) (Entered: 10/30/2023)

RECAP
54 Oct. 31, 2023

Second MOTION for Preliminary Injunction CORRECTED by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Attachments: # 1 Exhibit A-Tillis Declaration)(Squire, Percy) (Entered: 10/31/2023)

RECAP
55 Oct. 31, 2023

MOTION to Certify Class proposed order submitted by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Squire, Percy) (Entered: 10/31/2023)

RECAP
56 Nov. 1, 2023

RESPONSE in Opposition re 50 MOTION to Intervene filed by All Defendants. (Attachments: # 1 Exhibit Proposed Order)(Lewis, John) (Entered: 11/01/2023)

RECAP
57 Nov. 1, 2023

MOTION to Stay re 55 MOTION to Certify Class proposed order submitted, MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Certify Class proposed order submitted by All Defendants. (Attachments: # 1 Proposed Order Submitted)(Lewis, John) (Entered: 11/01/2023)

RECAP
58 Nov. 6, 2023

Intervenor Corey Lea's REPLY to Response to Motion re 56 Response in Opposition to Motion. (Attachments: # 1 envelope)(agj) (Entered: 11/07/2023)

RECAP
59 Nov. 7, 2023

Consent MOTION for Extension of Page Limits by All Defendants. (Attachments: # 1 Proposed Order Submitted)(Lewis, John) (Entered: 11/07/2023)

RECAP
60 Nov. 7, 2023

RESPONSE in Opposition re 50 MOTION to Intervene filed by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Squire, Percy) (Entered: 11/07/2023)

RECAP
61 Nov. 7, 2023

ORDER SUSPENDING DEFENDANTS DEADLINE TO RESPOND TO MOTION FOR CLASS CERTIFICATION. Signed by Chief Judge Sheryl H. Lipman on November 7, 2023. (shl) (Entered: 11/07/2023)

RECAP
62 Nov. 8, 2023

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 59 Consent MOTION for Extension of Page Limits filed by Zach Ducheneaux, Thomas J Vilsack has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 11/08/2023)

RECAP
63 Nov. 8, 2023

ORDER GRANTING 59 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF PAGE LIMITS. Signed by Chief Judge Sheryl H. Lipman on November 8, 2023. (shl) (Entered: 11/08/2023)

RECAP
Nov. 8, 2023

Courtesy Notice

64 Nov. 13, 2023

Cross MOTION to Dismiss for Lack of Jurisdiction, Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Opposition to Motion for Preliminary Injunction (Proposed Order Submitted) by All Defendants. (Attachments: # 1 Memorandum, # 2 Exhibit Internet Sources)(Lewis, John) (Entered: 11/13/2023)

RECAP
65 Nov. 27, 2023

MOTION for Extension of Time to File Response/Reply as to 64 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Opposition to Motion for Preliminary Injunction (Proposed Order Submitted) proposed order submitted by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Squire, Percy) (Entered: 11/27/2023)

RECAP
66 Nov. 28, 2023

ORDER GRANTING 65 MOTION FOR EXTENSION OF TIME. Signed by Chief Judge Sheryl H. Lipman on November 28, 2023. (shl) (Entered: 11/28/2023)

RECAP
67 Nov. 28, 2023

ORDER FOR PLAINTIFFS TO SHOW CAUSE. Signed by Chief Judge Sheryl H. Lipman on November 28, 2023. (shl) (Entered: 11/28/2023)

RECAP
68 Nov. 28, 2023

RESPONSE to Motion re 64 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Opposition to Motion for Preliminary Injunction (Proposed Order Submitted) filed by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Squire, Percy) (Entered: 11/28/2023)

RECAP
69 Nov. 28, 2023

RESPONSE TO ORDER TO SHOW CAUSE by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson. (Squire, Percy) (Entered: 11/28/2023)

RECAP
70 Nov. 28, 2023

ORDER GRANTING 57 MOTION TO STAY BRIEFING ON CLASS CERTIFICATION. Signed by Chief Judge Sheryl H. Lipman on November 28, 2023. (shl) (Entered: 11/28/2023)

RECAP
71 Dec. 7, 2023

NOTICE of Appearance by Faith Lowry on behalf of All Defendants (Lowry, Faith) (Entered: 12/07/2023)

RECAP
72 Dec. 7, 2023

REPLY to Response to Motion re 68 Response to Motion, filed by All Defendants. (Lowry, Faith) (Entered: 12/07/2023)

RECAP
73 Jan. 3, 2024

ORDER DENYING 50 COREY LEA'S MOTION TO INTERVENE. Signed by Chief Judge Sheryl H. Lipman on January 3, 2024. (shl)

RECAP
74 Jan. 9, 2024

ORDER DENYING PLAINTIFFS' CORRECTED SECOND MOTION FOR A PRELIMINARY INJUNCTION 54 AND GRANTING DEFENDANTS' MOTION TO DISMISS 64 .Plaintiffs' Second Motion for a Preliminary Injunction 53 is also DENIED AS MOOT. Signed by Chief Judge Sheryl H. Lipman on January 9, 2023. (shl)

Clearinghouse
75 Jan. 9, 2024

JUDGMENT. Signed by Chief Judge Sheryl H. Lipman on 1/9/2024. (shl) (Entered: 01/09/2024)

RECAP
76 Feb. 2, 2024

NOTICE OF APPEAL as to 75 Judgment, 74 Order on Motion for Preliminary Injunction,,,, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, by Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Mauzie Furlow, Claudette Jackson. Filing fee $ 605, receipt number ATNWDC-4334191. (Squire, Percy) (Entered: 02/02/2024)

RECAP
77 Feb. 7, 2024

USCA Case Number 24-5119 for 76 Notice of Appeal, filed by Mauzie Furlow, Thomas Burrell, Claudette Jackson, Mary Ferguson, Black Farmers Agriculturalists Association, Inc. Civil Case Docketed. Notice filed by Appellants Black Farmers Agriculturalists Association, Inc., Thomas Burrell, Mary Ferguson, Mauzie Furlow and Claudette Jackson. Transcript needed: y. (csf) (Entered: 02/07/2024)

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78 Aug. 14, 2024

MOTION Injunction Pending Relief by All Plaintiffs. (Squire, Percy) (Entered: 08/14/2024)

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79 Aug. 14, 2024

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 78 MOTION Injunction Pending Relief filed by Mauzie Furlow, Thomas Burrell, Claudette Jackson, Mary Ferguson, Black Farmers Agriculturalists Association, Inc has been filed. For future reference, please note : Filer failed to indicate in docket text "Proposed Order Submitted" as required by local rules. If no order previously emailed to chambers, please do so upon receipt of this notice. Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 08/14/2024)

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Aug. 14, 2024

Courtesy Notice

80 Aug. 28, 2024

RESPONSE in Opposition re 78 MOTION Injunction Pending Relief filed by All Defendants. (Lewis, John) (Entered: 08/28/2024)

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81 Oct. 15, 2024

NOTICE by Black Farmers Agriculturalists Association, Inc of October 11, 2024Order of Sixth Circuit (Attachments: # 1 Exhibit A)(Squire, Percy) (Entered: 10/15/2024)

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82 Oct. 24, 2024

ORDER DENYING 78 PLAINTIFFS' MOTION FOR INJUNCTION PENDING APPEAL. Signed by Chief Judge Sheryl H. Lipman on 10/24/2024. (shl) (Entered: 10/24/2024)

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83 Jan. 16, 2025

NOTICE by Thomas J Vilsack, Zach Ducheneaux of Withdrawal (Lewis, John) (Entered: 01/16/2025)

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84 March 11, 2025

NOTICE by Zach Ducheneaux, Thomas J Vilsack of Withdrawal as Attorney (Lowry, Faith) (Entered: 03/11/2025)

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Case Details

State / Territory:

Tennessee

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 24, 2023

Case Ongoing: Yes

Case Details

Other Dockets:

Western District of Tennessee 2:23-cv-02527

U.S. Court of Appeals for the Sixth Circuit 24-05119

Recommended Citation