Case: Nuziard v. Minority Business Development Agency

4:23-cv-00278 | U.S. District Court for the Northern District of Texas

Filed Date: March 20, 2023

Closed Date: May 2, 2024

Clearinghouse coding complete

Case Summary

On March 20, 2023, three individual white business owners filed this lawsuit in the U.S. District Court for the Northern District of Texas, Fort Worth Division under the Equal Protection clause of the U.S. Constitution and the Administrative Procedure Act (5 U.S.C. § 706). Named defendants included President Joseph R. Biden, Jr. (“President Biden”), Secretary of Commerce Gina M. Raimondo (“Secretary Raimondo”), and the Minority Business Development Agency (MBDA). They claimed that the defendant…

On March 20, 2023, three individual white business owners filed this lawsuit in the U.S. District Court for the Northern District of Texas, Fort Worth Division under the Equal Protection clause of the U.S. Constitution and the Administrative Procedure Act (5 U.S.C. § 706). Named defendants included President Joseph R. Biden, Jr. (“President Biden”), Secretary of Commerce Gina M. Raimondo (“Secretary Raimondo”), and the Minority Business Development Agency (MBDA). They claimed that the defendants had unlawfully discriminated against them by creating and implementing race and ethnicity requirements for the MBDA Business Center Program and other MBDA services, which excluded them as white business owners.

Represented by the Wisconsin Institute for Law and Liberty, which is targeting President Biden's Racial Equality Agenda, the plaintiffs sought (1) a judgment declaring the MBDA unconstitutional and in violation of the Administrative Procedure Act (APA), 5 U.S.C. § 706(2)(B); (2) a preliminary and then permanent injunction, prohibiting defendants from imposing the racial and ethnic classifications defined in 15 U.S.C. § 9501 and implemented in 15 U.S.C. §§ 9511, 9512, 9522, 9523, 9524, and 15 C.F.R. § 1400.1 and/or as otherwise applied to the MBDA Business Center Program and other MBDA programs and services, and additionally enjoining Defendants from using the term “minority” to advertise or reference their statutorily authorized programs and services; and (3) an award of attorney fees and any such other relief as the court deemed appropriate. The case was assigned to Judge Mark T. Pittman.

The plaintiffs filed a motion for a preliminary injunction on April 3, 2023, seeking to enjoin the MBDA’s Business Center program from using its race and ethnicity requirements.

On June 5, 2023, the court issued an order granting plaintiffs’ motion for a preliminary injunction and enjoining the MBDA from imposing the racial and ethnic classifications defined in 15 U.S.C. § 9501 and implemented in 15 U.S.C. §§ 9511, 9512, 9522, 9523, 9524, and 15 C.F.R. § 1400.1 against Plaintiffs or otherwise considering or using Plaintiffs' race or ethnicity in determining whether they can receive access to the Center's services and benefits. 2023 WL 3869323. The court found that defendants had not shown that the race-conscious presumptions of the MBDA’s Business Center program were narrowly tailored to a compelling government interest.

On October 27, 2023, plaintiffs and defendants filed cross-motions for summary judgment. Plaintiffs and defendants thereafter filed responses to the cross-motions on November 17, 2023. Plaintiffs argued that the MBDA’s strict racial and ethnic qualifications violated the Constitution and the APA. With regard to the Constitution, Plaintiffs contended that pursuant to Students for Fair Admissions v. Harvard, the MBDA’s racial presumption violated the Equal Protection guarantees of the Fifth Amendment's Due Process Clause. Defendants argued primarily that plaintiffs lacked standing to bring this suit in the first place, as well as that the race-conscious presumptions in the MBDA Business Center program would survive a strict scrutiny analysis.

On March 5, 2024, the court issued its opinion and order on the parties’ cross-motions for summary judgment, denying the defendants’ motion and granting in part the plaintiffs motion. 2024 WL 965299. The court denied plaintiffs’ APA claim on the grounds that a declaratory judgment and an injunction were more clearly authorized than vacatur and would remedy plaintiffs’ injuries. The court granted summary judgment on constitutional grounds for two of the named plaintiffs, finding that the MBDA’s racial presumption failed a strict scrutiny analysis and thus violated the Fifth Amendment’s equal protection guarantee and ordered a permanent injunction. However, the court found that one of the named plaintiffs lacked standing to bring suit and therefore denied his motion for summary judgment.

On March 6, 2024, the court followed up on its prior opinion and order by ordering the named plaintiff found to lack standing to file a status report on or before March 13, 2024, regarding his intent to continue in this action. On March 12, 2024, the plaintiffs filed a status report informing the court that he would not seek to continue as a plaintiff in this action and requested that he be dismissed from this case without prejudice.

On March 12, 2024, the court ordered the two remaining plaintiffs to submit appropriate evidence of the relevant fees and costs, along with briefing regarding the reasonableness of the same, on or before March 19, 2024. Plaintiffs submitted a bill of costs on March 19, 2024, seeking $362,284.42 in attorneys' fees and an additional $2,749.50 in expenses, for a total of $365,033.92. The court found that MBDA's positions regarding compelling interests and narrow tailoring were not substantially justified on April 26, 2024, granting plaintiffs $357,542.98 in fees and $2,749.50 in costs (the April 26 order contained an incorrect amount for costs that was corrected on May 2, 2024).

The same day, the court ordered the MBDA permanently enjoined from using racial and ethnic classifications, which were also declared unconstitutional.

This case is closed.

Summary Authors

Alex DiLalla (3/19/2024)

Hannah Juge (5/28/2024)

Related Cases

Students for Fair Admissions v. Harvard, District of Massachusetts (2014)

Students for Fair Admissions v. University of North Carolina, Middle District of North Carolina (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67051010/parties/nuziard-v-minority-business-development-agency/


Judge(s)

Pittman, Mark Timothy (Texas)

Attorney for Plaintiff

Esenberg, Richard M (Texas)

Lennington, Daniel (Texas)

Nash, Jason Chad (Texas)

Attorney for Defendant

Jenkins, Vendarryl (Texas)

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Documents in the Clearinghouse

Document
1

4:23-cv-00278

Verified Complaint

March 20, 2023

March 20, 2023

Complaint
27

4:23-cv-00278

Order and Opinion

June 5, 2023

June 5, 2023

Order/Opinion

676 F.Supp.3d 676

36

4:23-cv-00278

Order

Oct. 17, 2023

Oct. 17, 2023

Order/Opinion
40

4:23-cv-00278

Defendants' Motion for Summary Judgment (Fed. R. Civ. P. 56(a))

Oct. 27, 2023

Oct. 27, 2023

Pleading / Motion / Brief
41

4:23-cv-00278

Defendants' Brief in Support of Their Motion for Summary Judgment (Fed. R. Civ. P. 56(a))

Oct. 27, 2023

Oct. 27, 2023

Pleading / Motion / Brief
60

4:23-cv-00278

Opinion and Order

March 5, 2024

March 5, 2024

Order/Opinion

2024 WL 2024

61

4:23-cv-00278

Order

March 6, 2024

March 6, 2024

Order/Opinion
63

4:23-cv-00278

Order

March 12, 2024

March 12, 2024

Order/Opinion
62

4:23-cv-00278

Plaintiffs' Status Report Regarding Plaintiff Piper

March 12, 2024

March 12, 2024

Pleading / Motion / Brief
71

4:23-cv-00278

Order

April 26, 2024

April 26, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67051010/nuziard-v-minority-business-development-agency/

Last updated May 28, 2024, 6:22 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo filed by Jeffrey Nuziard, Matthew Piper, Christian Bruckner. (Filing fee $402; Receipt number ATXNDC-13601836) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Nash, Jason) (Entered: 03/20/2023)

1 Cover Sheet

View on RECAP

March 20, 2023

March 20, 2023

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christian Bruckner, Jeffrey Nuziard, Matthew Piper. (Clerk QC note: No affiliate entered in ECF). (Nash, Jason) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
3

Request for Clerk to issue Summons filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s)) (Nash, Jason) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
4

New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

RECAP
5

Summons issued as to Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

RECAP
6

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13603706) filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing)Attorney Daniel Lennington added to party Christian Bruckner(pty:pla), Attorney Daniel Lennington added to party Jeffrey Nuziard(pty:pla), Attorney Daniel Lennington added to party Matthew Piper(pty:pla) (Lennington, Daniel) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
7

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13603910) filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing)Attorney Richard M Esenberg added to party Christian Bruckner(pty:pla), Attorney Richard M Esenberg added to party Jeffrey Nuziard(pty:pla), Attorney Richard M Esenberg added to party Matthew Piper(pty:pla) (Esenberg, Richard) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
8

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13604441) filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing)Attorney Cara Tolliver added to party Christian Bruckner(pty:pla), Attorney Cara Tolliver added to party Jeffrey Nuziard(pty:pla), Attorney Cara Tolliver added to party Matthew Piper(pty:pla) (Tolliver, Cara) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
9

ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Daniel P. Lennington. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 3/23/2023) (chmb)(tjp) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER

Order on Application for Admission Pro Hac Vice

March 23, 2023

March 23, 2023

PACER
10

ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Richard M. Esenberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 3/23/2023) (chmb)(tjp) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER
11

ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Cara M. Tolliver. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 3/23/2023) (chmb)(tjp) (Entered: 03/23/2023)

March 23, 2023

March 23, 2023

PACER
12

SUMMONS Returned Executed as to All Defendants. (Lennington, Daniel) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

RECAP
13

CERTIFICATE OF SERVICE by Christian Bruckner, Jeffrey Nuziard, Matthew Piper Declaration of Service on Attorney General of the United States (Lennington, Daniel) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

RECAP
14

MOTION for Injunction (Preliminary) filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Attachments: # 1 Proposed Order) (Tolliver, Cara) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP
15

Brief/Memorandum in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 14 MOTION for Injunction (Preliminary) (Tolliver, Cara) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
16

Appendix in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 15 Brief/Memorandum in Support of Motion (Tolliver, Cara) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
17

CERTIFICATE OF SERVICE by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Tolliver, Cara) (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
18

NOTICE of Attorney Appearance by Vendarryl Jenkins on behalf of Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo. (Filer confirms contact info in ECF is current.) (Jenkins, Vendarryl) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
19

NOTICE of Attorney Appearance by Christopher Woolley on behalf of Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo. (Filer confirms contact info in ECF is current.) (Woolley, Christopher) (Entered: 04/10/2023)

April 10, 2023

April 10, 2023

PACER
20

RESPONSE filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re: 14 MOTION for Injunction (Preliminary) (Jenkins, Vendarryl) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

RECAP
21

ORDER...Before the Court is Plaintiffs' Motion for Preliminary Injunction (ECF No. 14 ). The Court ORDERS that a hearing on Plaintiffs' Motion for Preliminary Injunction will be held at 2:00 p.m. on Thursday, May 11, 2023, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 5/3/2023) (wxc) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
22

ORDER...Before the Court is Plaintiffs' Motion for Preliminary Injunction (ECF No. 14 ). The Court ORDERS that a hearing on Plaintiffs' Motion for Preliminary Injunction will be held at 2:00 p.m. on Friday, May 12, 2023, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 5/3/2023) (wxc) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
23

Unopposed MOTION to Stay Defendants' Responsive Pleading Deadline filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo (Jenkins, Vendarryl) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

RECAP
24

REPLY filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 14 MOTION for Injunction (Preliminary) (Tolliver, Cara) (Entered: 05/08/2023)

May 8, 2023

May 8, 2023

PACER
25

ORDER granting 23 ...Before the Court is Defendants' Unopposed Motion to Stay Defendants' Responsive Pleading Deadline. ECF No. 23 . Having considered the Motion, relevant docket entries, and applicable case law, the Court hereby GRANTS the Motion. (Ordered by Judge Mark Pittman on 5/9/2023) (wxc) (Entered: 05/09/2023)

May 9, 2023

May 9, 2023

RECAP
26

ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 5/12/2023 re: 14 MOTION for Injunction (Preliminary). Attorney Appearances: Plaintiff - Cara Tolliver, Jason Nash; Defense - Andrew Braniff, Vendarryl Jenkins. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 1:24. (chmb) (Entered: 05/16/2023)

May 12, 2023

May 12, 2023

PACER
27

ORDER AND OPINION: The Court thus GRANTS Plaintiffs' Motion for Preliminary Injunction (ECF No. 14 ) and ENJOINS Defendants, the Wisconsin MDBA Business Center, the Orlando MBDA Business Center, the Dallas-Fort Worth MBDA Business Center, and the officers, agents, servants, and employees, and anyone acting in active concert or participation with them from imposing the racial and ethnic classifications defined in 15 U.S.C. § 9501 and implemented in 15 U.S.C. §§ 9511, 9512, 9522, 9523, 9524, and 15 C.F.R. § 1400.1 against Plaintiffs or otherwise considering or using Plaintiffs' race or ethnicity in determining whether they can receive access to the Center's services and benefits. (See order for specifics) (Ordered by Judge Mark Pittman on 6/5/2023) (fba). (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

Clearinghouse
28

ORDER: Lead counsel for each party or designee attorney with appropriate authority and any unrepresented party must confer in an in-person, face-to-face conference as soon as practicable. As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order by July 5, 2023. (Ordered by Judge Mark Pittman on 6/20/2023) (bdb) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
29

ANSWER to 1 Complaint,,,,, filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Jenkins, Vendarryl) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

RECAP
30

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo. (Clerk QC note: No affiliate entered in ECF). (Jenkins, Vendarryl) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER
31

Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper. (Tolliver, Cara) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

RECAP
32

NOTICE of Attorney Appearance by David Reese on behalf of Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo. (Filer confirms contact info in ECF is current.) (Reese, David) (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

PACER
33

SCHEDULING ORDER: Jury Trial: This case is set for trial on this Court's four-week docket beginning Monday, April 22, 2024. Counsel and the parties shall be ready for trial on two days' notice at any time during this four-week period. Joinder of Parties due by 9/22/2023. Amended Pleadings due by 9/22/2023. Discovery due by 11/24/2023. Motions due by 10/27/2023. Pretrial Order due by 3/28/2024. (See order for specifics) (Ordered by Judge Mark Pittman on 7/25/2023) (fba) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
34

MOTION for Leave to File Separate Motions for Summary Judgment for Each Plaintiff filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo with Brief/Memorandum in Support. (Jenkins, Vendarryl) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

RECAP
35

RESPONSE filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 34 MOTION for Leave to File Separate Motions for Summary Judgment for Each Plaintiff (Tolliver, Cara) (Entered: 10/17/2023)

Oct. 17, 2023

Oct. 17, 2023

RECAP
36

ORDER: Before the Court is Defendants' Motion to Amend Summary Judgment Briefing Based on Local Rules. ECF No. 34 . Having considered the Motion and applicable legal authorities, the Court determines the Motion should be and hereby is DENIED in part and GRANTED in part. (Ordered by Judge Mark Pittman on 10/17/2023) (sre) (Entered: 10/17/2023)

Oct. 17, 2023

Oct. 17, 2023

Clearinghouse
37

MOTION for Summary Judgment filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) of Jeffrey Nuziard, # 2 Declaration(s) of Matthew Piper, # 3 Declaration(s) of Christian Bruckner, # 4 Exhibit(s) A to Declaration of Christian Bruckner, # 5 Declaration(s) of Cara Tolliver, # 6 Exhibit(s) A to Declaration of Cara Tolliver, # 7 Exhibit(s) B to Declaration of Cara Tolliver, # 8 Exhibit(s) C to Declaration of Cara Tolliver, # 9 Exhibit(s) D to Declaration of Cara Tolliver) (Tolliver, Cara) (Entered: 10/27/2023)

1 Declaration(s) of Jeffrey Nuziard

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2 Declaration(s) of Matthew Piper

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3 Declaration(s) of Christian Bruckner

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4 Exhibit(s) A to Declaration of Christian Bruckner

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5 Declaration(s) of Cara Tolliver

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6 Exhibit(s) A to Declaration of Cara Tolliver

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7 Exhibit(s) B to Declaration of Cara Tolliver

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8 Exhibit(s) C to Declaration of Cara Tolliver

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9 Exhibit(s) D to Declaration of Cara Tolliver

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Oct. 27, 2023

Oct. 27, 2023

PACER
38

Brief/Memorandum in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 37 MOTION for Summary Judgment (Tolliver, Cara) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

RECAP
39

Appendix in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 38 Brief/Memorandum in Support of Motion (Tolliver, Cara) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER
40

MOTION for Summary Judgment filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo (Reese, David) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

Clearinghouse
41

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re 40 MOTION for Summary Judgment (Reese, David) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

Clearinghouse
42

Appendix in Support filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re 41 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s) Appendix Pt. 2, # 2 Additional Page(s) Appendix Pt. 3, # 3 Additional Page(s) Appendix Pt. 4, # 4 Additional Page(s) Appendix Pt. 5, # 5 Additional Page(s) Appendix Pt. 6, # 6 Additional Page(s) Appendix Pt. 7, # 7 Additional Page(s) Appendix Pt. 8) (Reese, David) (Entered: 10/27/2023)

1 Additional Page(s) Appendix Pt. 2

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2 Additional Page(s) Appendix Pt. 3

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3 Additional Page(s) Appendix Pt. 4

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4 Additional Page(s) Appendix Pt. 5

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5 Additional Page(s) Appendix Pt. 6

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6 Additional Page(s) Appendix Pt. 7

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7 Additional Page(s) Appendix Pt. 8

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Oct. 27, 2023

Oct. 27, 2023

RECAP
43

RESPONSE filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 40 MOTION for Summary Judgment (Tolliver, Cara) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
44

Brief/Memorandum in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 43 Response/Objection to Defendants' Motion for Summary Judgment (Tolliver, Cara) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
45

RESPONSE filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re: 37 MOTION for Summary Judgment (Reese, David) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
46

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re 45 Response/Objection (Reese, David) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
47

Appendix in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 43 Response/Objection to Defendants' Motion for Summary Judgment (Tolliver, Cara) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
48

Appendix in Support filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re 46 Brief/Memorandum in Support of Motion (Attachments: # 1 Additional Page(s) Appendix Pt. 2, # 2 Additional Page(s) Appendix Pt. 3, # 3 Additional Page(s) Appendix Pt. 4, # 4 Additional Page(s) Appendix Pt. 5) (Reese, David) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
49

MOTION for Leave to File Response brief in excess of page limit filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo (Jenkins, Vendarryl) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

PACER
50

RESPONSE filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 49 MOTION for Leave to File Response brief in excess of page limit (Lennington, Daniel) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

PACER
51

ELECTRONIC ORDER granting 49 Motion for Leave to File. The page limit for Defendants' Response is retroactively increased to accommodate the Response brief that Defendants' have already filed. (Ordered by Judge Mark Pittman on 11/27/2023) (ads) (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER

Order on Motion for Leave to File

Nov. 27, 2023

Nov. 27, 2023

PACER
52

Plaintiffs' Unopposed Motion to Amend Summary Judgment Briefing Based on Local Rules filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper (Tolliver, Cara) Modified docket text on 11/30/2023 (wxc). (Entered: 11/27/2023)

Nov. 27, 2023

Nov. 27, 2023

PACER
53

ELECTRONIC ORDER granting 52 Motion for Leave to File. Reply shall be filed up to thirty-five (35) pages in length. (Ordered by Judge Mark Pittman on 11/28/2023) (chmb) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER

Order on Motion for Leave to File

Nov. 28, 2023

Nov. 28, 2023

PACER
54

REPLY filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re: 40 MOTION for Summary Judgment (Reese, David) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

RECAP
55

Appendix in Support filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re 54 Reply (Attachments: # 1 Additional Page(s) Appendix Pt. 2, # 2 Additional Page(s) Appendix Pt. 3, # 3 Additional Page(s) Appendix Pt. 4) (Reese, David) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
56

REPLY filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 37 MOTION for Summary Judgment (Tolliver, Cara) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

RECAP
57

Appendix in Support filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re 56 Reply in support of Plaintiffs' Motion for Summary Judgment (Tolliver, Cara) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

PACER
58

Joint MOTION to Stay Pretrial Deadlines filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo with Brief/Memorandum in Support. (Jenkins, Vendarryl) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

RECAP
59

ELECTRONIC ORDER granting 58 Motion to Stay. All pretrial deadlines are stayed pending resolution of Motions for Summary Judgment [ECF Nos. 37, 40]. (Ordered by Judge Mark Pittman on 2/22/2024) (chmb) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER

Order on Motion to Stay

Feb. 22, 2024

Feb. 22, 2024

PACER
60

OPINION & ORDER: Having considered the Motions, evidence of record, and applicable law, the Court DENIES Defendants' Motion (ECF No. 40 ) and GRANTS in part Plaintiffs' Motion (ECF No. 37 ). (Ordered by Judge Mark Pittman on 3/5/2024) (bdb) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

Clearinghouse
61

ORDER...If Plaintiff Piper wishes to proceed in this action, factual questions regarding his standing must be resolved. See id. Accordingly, the Court ORDERS Plaintiffs to file a Status Report regarding Plaintiff Piper's intent to continue in this action on or before March 13, 2024. (Ordered by Judge Mark Pittman on 3/6/2024) (wxc) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

Clearinghouse
62

STATUS REPORT filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper. (Tolliver, Cara) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

Clearinghouse
63

ORDER: The Court ORDERS Plaintiffs to submit appropriate evidence of the relevant fees and costs, along with briefing regarding the reasonableness of same, on or before March 19, 2024. Thereafter, should Defendants wish to contest Plaintiffs' requested fees or costs, they shall file responsive briefing on or before March 26, 2024. (Ordered by Judge Mark Pittman on 3/12/2024) (bdb) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

Clearinghouse
64

BILL OF COSTS for Attorneys' Fees and Expenses by Christian Bruckner, Jeffrey Nuziard. (Attachments: # 1 Affidavit(s) of Jason Nash, # 2 Declaration(s) of Daniel Lennington, # 3 Declaration(s) Christian Bruckner, # 4 Declaration(s) Jeffrey Nuziard, # 5 Declaration(s) Matthew Piper) (Tolliver, Cara) (Entered: 03/19/2024)

1 Affidavit(s) of Jason Nash

View on PACER

2 Declaration(s) of Daniel Lennington

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3 Declaration(s) Christian Bruckner

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4 Declaration(s) Jeffrey Nuziard

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5 Declaration(s) Matthew Piper

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March 19, 2024

March 19, 2024

RECAP
65

Unopposed MOTION to Extend Time filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo (Jenkins, Vendarryl) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

RECAP
66

ELECTRONIC ORDER granting 65 Motion to Extend Time. Responsive briefing due on or before April 9, 2024. (Ordered by Judge Mark Pittman on 3/25/2024) (chmb) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

PACER
67

RESPONSE filed by Joseph R Biden, Jr, Donald R Cravins, Jr, Minority Business Development Agency, Gina M Raimondo re: 64 Bill of Costs, (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s)) (Jenkins, Vendarryl) (Entered: 04/09/2024)

1 Exhibit(s)

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2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

5 Exhibit(s)

View on PACER

6 Exhibit(s)

View on PACER

7 Exhibit(s)

View on PACER

April 9, 2024

April 9, 2024

PACER
68

Unopposed MOTION for Leave to File Plaintiffs' Reply Brief in Support of Motion for Attorneys' Fees and Expenses filed by Christian Bruckner, Jeffrey Nuziard with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Plaintiffs' Reply Brief in Support of Motion for Attorneys' Fees and Expenses) (Lennington, Daniel) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
69

ELECTRONIC ORDER granting 68 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Mark Pittman on 4/22/2024) (chmb) (Entered: 04/22/2024)

April 22, 2024

April 22, 2024

PACER

Order on Motion for Leave to File

April 22, 2024

April 22, 2024

PACER
70

PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND EXPENSES filed by Christian Bruckner, Jeffrey Nuziard, Matthew Piper re: 64 . (wxc) (Entered: 04/22/2024)

April 22, 2024

April 22, 2024

PACER
71

ORDER: The Parties filed briefing on Plaintiffs' request for fees and costs, which is now ripe for disposition. See ECF Nos. 64, 67, 70 . The Court GRANTS Plaintiffs' request for attorneys' fees and costs and AWARDS $357,542.98 in attorneys' fees and $423.66 in costs. (Ordered by Judge Mark Pittman on 4/26/2024) (saw) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

Clearinghouse
72

FINAL JUDGMENT: The Court hereby ORDERS, ADJUDGES, and DECREES as follows: The MBDA is PERMANENTLY ENJOINED from imposing the racial and ethnic classifications defined in 15 U.S.C. § 9501 and implemented in 15 U.S.C. §§ 9511, 9512, 9522, 9523, 9524, and 15 C.F.R. § 1400.1, or otherwise using an applicant's race or ethnicity in determining whether they can receive Business Center programming. The racial and ethnic classifications defined in 15 U.S.C. § 9501 and implemented in 15 U.S.C. §§ 9511, 9512, 9522, 9523, 9524, and 15 C.F.R. § 1400.1, are DECLARED unconstitutional. Plaintiffs are AWARDED $357,542.98 in attorneys' fees reasonably incurred in this action, along with $423.66 in costs. (Ordered by Judge Mark Pittman on 4/26/2024) (saw) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

RECAP
73

Unopposed MOTION to Amend/Correct 71 Order, 72 Judgment,,, filed by Christian Bruckner, Jeffrey Nuziard (Tolliver, Cara) (Entered: 05/01/2024)

May 1, 2024

May 1, 2024

RECAP
74

ELECTRONIC ORDER granting 73 Motion to Amend/Correct. (Ordered by Judge Mark Pittman on 5/2/2024) (chmb) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER

Order on Motion to Amend/Correct

May 2, 2024

May 2, 2024

PACER
75

AMENDED FINAL JUDGMENT: Pursuant to Federal Rule of Civil Procedure 58, the Court's March 5, 2024 Summary Judgment Order (ECF No. 60 ), and the Court's Order Granting Plaintiffs' Request for Fees and Costs entered this same date (ECF No. 71 ), the Court hereby ORDERS, ADJUDGES, and DECREES as follows: (See order for specifics) (Ordered by Judge Mark Pittman on 5/2/2024) (wxc) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 20, 2023

Closing Date: May 2, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

White business owners who were denied the assistance of the Minority Business Development Agency due to their race.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of Commerce Gina M. Raimondo, Federal

President Joseph R. Biden, Jr., Federal

Minority Business Development Agency, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $360,292.48

Issues

Discrimination Basis:

Race discrimination

Affected Race(s):

White

Affected Sex/Gender(s):

Male