Case: Provost v. Vilsack

1:24-cv-00920 | U.S. District Court for the District of District of Columbia

Filed Date: March 29, 2024

Case Ongoing

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Case Summary

This is a class action lawsuit about alleged systemic racial discrimination against Black farmers within the United States Department of Agriculture’s loan programs. On March 29, 2024, two individual farmers filed this putative class action lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued Thomas J. Vilsack, in his official capacity as Secretary of Agriculture, and the Department of Agriculture (“USDA”) for violations of the Equal Credit Opportunity Act (15 U.S.C. §§ 1691 et seq.), the Administrative Procedures Act (5 U.S.C. §§ 701 et seq.), the Mandamus Act (28 U.S.C. § 1361), the Freedom of Information Act (5 U.S.C. § 552), and the Fifth Amendment of the U.S. Constitution. The lawsuit alleges a pattern of racial discrimination by the USDA through insufficient and delayed processing of farm loan applications for Black farmers, lack of proper investigation into civil rights complaints, and unfair treatment in credit transactions.

Represented by private counsel, the farmers claimed that USDA had unlawfully discriminated against them and historically discriminated against those similarly situated by delaying and denying farm loans, failing to properly investigate civil rights complaints, and creating discriminatory impact in credit transactions for Black farmers. The farmers sought injunctive relief to enforce department-wide changes at USDA, including an oversight committee to ensure equitable treatment for Black farmers. Additionally, the farmers requested declaratory relief to establish that USDA’s actions violated the Equal Credit Opportunity Act as well as their due process and equal protection rights under the Fifth Amendment. The plaintiffs also sought coverage for attorney's fees and monetary damages for actual losses resulting from the USDA's practices. Finally, the plaintiffs sought certification of the following classes: "All Black farmers whose farm loan applications were delayed and/or denied on account of race within the last five years; All Black farmers whose civil rights complaints regarding discriminatory acts by or with the acquiescence of the USDA have not been timely and adequately investigated in accordance with law within the last six years; All Black farmers who applied for a federal farm program with the USDA and had their applications denied or reduced within the last five years based on delinquent USDA debts that the USDA has acknowledged should be forgiven on account of past discrimination; All Black farmers who lost land leases to USDA officials— including county committee members—who had access to information provided by socially disadvantaged farmers when applying for federal farm programs with the USDA.” The case was assigned to District Judge Timothy J. Kelly.

Per plaintiffs’ complaint, the USDA has a history of systemically discriminating against Black farmers, a practice executed through a decentralized system where local, mostly White officials have leveraged their authority to favor White farmers. In 2022, 72% of White farmers who applied were approved for direct loans, while only 36% of applicants who identified as Black were approved. Despite the USDA recognizing that this inequity has cost Black farmers hundreds of billions of dollars, the practices had not changed, adversely impacting farmers like the named plaintiffs.

The plaintiffs alleged that for over a decade they had been subjected to underfunded loans, excessive oversight, and land appropriation by USDA county committee members, and had been labeled as "bad farmers" while being denied the resources necessary to succeed. They further asserted that efforts to correct these discriminatory practices through civil rights complaints were met with years of inaction by the USDA. Faced with the USDA’s alleged ongoing refusal to provide fair loans and having exhausted their options through direct communication with USDA officials, the named plaintiffs filed this lawsuit on behalf of themselves and other Black farmers.

On June 24, 2024, USDA filed a partial motion to dismiss the Provosts' complaint. Before that motion was adjudicated, the plaintiffs filed a 58-page amended complaint on September 16, 2024. This amended complaint included several key differences from the original; it added a claim for relief concerning the USDA's alleged miscalculation of the Provosts' awards under Section 22007 of the Discrimination Financial Assistance Program (DFAP), a program that provided financial assistance to farmers who experienced discrimination by the USDA in farm lending programs. The ACLU of Louisiana joined private counsel in representing the Plaintiffs in the amended complaint.

The amended complaint also expanded the class definitions to cover a broader range of Black farmers:

The original complaint defined a class of Black farmers whose farm loan applications were delayed or denied on account of race within the last five years. The amended complaint added additional criteria to this class definition, including farmers who were prevented from applying for a loan or loan servicing, offered an infeasible loan, subjected to adverse loan terms, or required to use a supervised account in order to receive a loan. It also changed the time frame from the last five years to the last five years “or, alternatively, in the time period under which the USDA’s loan approval and administration policies remained materially unchanged.” It also added a third class of all Black farmers targeted for personal profit by USDA officials or employees, including, but not limited to, county committee members within the last six years. These additions were accompanied by more detailed allegations of discrimination by the USDA against Black farmers, with the amended complaint citing a 2024 report by the USDA Equity Commission and a 2021 statement by Agriculture Secretary Tom Vilsack.

The amended complaint included claims that the USDA's failure to comply with its own regulations governing the investigation of civil rights complaints constitutes a violation of the Administrative Procedures Act, and that USDA’s use of the same handbooks and eligibility requirements to administer loans, despite knowing those policies result in discrimination, constitutes a pattern and practice of discrimination.

The judge denied the USDA's partial motion to dismiss on October 2, 2024, because it had been rendered moot by the amended complaint. The case is still ongoing.

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Summary Authors

Rabeya Mallick (4/22/2024)

Herman Gonzalez (10/15/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68393754/parties/provost-v-vilsack/

Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Ahmed, Nora (District of Columbia)

Anaba, Ariel C. (District of Columbia)

Crauthers, Robin S (District of Columbia)

Himonas, Constandinos (District of Columbia)

Attorney for Defendant

Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Ahmed, Nora (District of Columbia)

Anaba, Ariel C. (District of Columbia)

Crauthers, Robin S (District of Columbia)

Himonas, Constandinos (District of Columbia)

Kenney, John Bernard (District of Columbia)

Klausner, Tonia (District of Columbia)

Li, Luis (District of Columbia)

Liss, Luke Anthony (District of Columbia)

Macdonald, Matthew A. (District of Columbia)

Watford, Paul J. (District of Columbia)

Yohalem, Mark (District of Columbia)

Attorney for Defendant

Kopplin, Rebecca Michelle (District of Columbia)

Lowry, Faith (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:24-cv-00920	Class Action Complaint Jury Trial Demanded	March 29, 2024	March 29, 2024 Complaint
36-1 1:24-cv-00920	First Amended Class Action Complaint	Sept. 16, 2024	Sept. 16, 2024 Complaint

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68393754/provost-v-vilsack/

Last updated Aug. 8, 2025, 3:21 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (Class Action) against UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK with Jury Demand ( Filing fee $ 405 receipt number ADCDC-10792204) filed by WENCESLAUS PROVOST, JR, ANGELA PROVOST. (Attachments: # 1 Exhibit 1-19 Cover Sheet Under Seal, # 2 Exhibit 20 Debbie Weingarten, Its not fair, not right: how America treats its black farmers, The Guardian, # 3 Exhibit 21-22 Cover Sheet Under Seal, # 4 Exhibit 23 Mr. Provost emails multiple USDA officials re refusal to give a direct loan and discriminatory treatment, # 5 Exhibit 24-53 Cover Sheet Under Seal, # 6 Exhibit 54 Center for American Progress, Progressive Governance Can turn the Tide for Black Farmers, # 7 Exhibit 55 Khalil Gibran Muhammad, The sugar that saturates the American diet has a barbaric history as the white gold that fueled slavery, The New York Times (Aug. 14, 2019), # 8 Exhibit 56-69 Cover Sheet Under Seal, # 9 Exhibit 70 OASCR acknowledgment of FOIA request, # 10 Exhibit 71-72 Cover Sheet Under Seal, # 11 Exhibit 73 OIG status update on FOIA request, # 12 Exhibit 74 Cover Sheet Under Seal, # 13 Civil Cover Sheet, # 14 Summons to T. Vilsack, # 15 Summons to USDA, # 16 Summons to US Attorney, # 17 Summons to Attorney General)(Crauthers, Robin) (Entered: 03/29/2024)	March 29, 2024	March 29, 2024 Clearinghouse
2	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ANGELA PROVOST, WENCESLAUS PROVOST, JR (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Notice to Counsel/Party)(Crauthers, Robin) (Entered: 03/29/2024)	March 29, 2024	March 29, 2024 PACER
3	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ANGELA PROVOST, WENCESLAUS PROVOST, JR (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 24, # 23 Exhibit 25, # 24 Exhibit 26, # 25 Exhibit 27, # 26 Exhibit 28, # 27 Exhibit 29, # 28 Exhibit 30, # 29 Exhibit 31, # 30 Exhibit 32, # 31 Exhibit 33, # 32 Exhibit 34, # 33 Exhibit 35, # 34 Exhibit 36, # 35 Exhibit 37, # 36 Exhibit 38, # 37 Exhibit 39, # 38 Exhibit 40, # 39 Exhibit 41, # 40 Exhibit 42, # 41 Exhibit 43, # 42 Exhibit 44, # 43 Exhibit 45, # 44 Exhibit 46, # 45 Exhibit 47, # 46 Exhibit 48, # 47 Exhibit 49, # 48 Exhibit 50, # 49 Exhibit 51, # 50 Exhibit 52, # 51 Exhibit 53, # 52 Exhibit 56, # 53 Exhibit 57, # 54 Exhibit 58, # 55 Exhibit 59, # 56 Exhibit 60, # 57 Exhibit 61, # 58 Exhibit 62, # 59 Exhibit 63, # 60 Exhibit 64, # 61 Exhibit 65, # 62 Exhibit 66, # 63 Exhibit 67, # 64 Exhibit 68, # 65 Exhibit 69, # 66 Exhibit 71, # 67 Exhibit 72, # 68 Exhibit 74)(Crauthers, Robin) (Entered: 03/29/2024)	March 29, 2024	March 29, 2024 PACER
	Case Assigned/Reassigned	April 1, 2024	April 1, 2024 PACER
	Case Assigned to Judge Timothy J. Kelly. (znmw)	April 1, 2024	April 1, 2024 PACER
4	SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/01/2024)	April 1, 2024	April 1, 2024 PACER
5	STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 4/1/2024. (lctjk3) (Entered: 04/01/2024)	April 1, 2024	April 1, 2024 PACER
	Order on Sealed Motion for Leave to File Document Under Seal	April 2, 2024	April 2, 2024 PACER
	MINUTE ORDER granting 2 Sealed Motion for Leave to File Document Under Seal. Signed by Judge Timothy J. Kelly on 4/2/2024. (lctjk3)	April 2, 2024	April 2, 2024 PACER
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ariel C. Green Anaba, Filing fee $ 100, receipt number ADCDC-10800645. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration of Ariel C. Green Anaba for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/02/2024)	April 2, 2024	April 2, 2024 PACER
7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Constandinos Himonas, Filing fee $ 100, receipt number BDCDC-10806975. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Constandinos Himonas, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/04/2024)	April 4, 2024	April 4, 2024 PACER
8	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mark Yohalem, Filing fee $ 100, receipt number ADCDC-10807010. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration Mark Yohalem, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/04/2024)	April 4, 2024	April 4, 2024 PACER
9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Luis Li, Filing fee $ 100, receipt number ADCDC-10807011. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/04/2024)	April 4, 2024	April 4, 2024 PACER
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Luke Liss, Filing fee $ 100, receipt number ADCDC-10807017. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/04/2024)	April 4, 2024	April 4, 2024 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 8, 2024	April 8, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 6 Motion for Leave to Appear Pro Hac Vice. Attorney Ariel C. Green Anaba is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/8/2024. (lctjk3)	April 8, 2024	April 8, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 7 Motion for Leave to Appear Pro Hac Vice. Attorney Constandinos Himonas is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/8/2024. (lctjk3)	April 8, 2024	April 8, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 8 Motion for Leave to Appear Pro Hac Vice. Attorney Mark Yohalem is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/8/2024. (lctjk3)	April 8, 2024	April 8, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 9 Motion for Leave to Appear Pro Hac Vice. Attorney Luis Li is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/8/2024. (lctjk3)	April 8, 2024	April 8, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 10 Motion for Leave to Appear Pro Hac Vice. Attorney Luke Liss is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/8/2024. (lctjk3)	April 8, 2024	April 8, 2024 PACER
11	NOTICE of Appearance by Luis Li on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Li, Luis) (Entered: 04/10/2024)	April 10, 2024	April 10, 2024 PACER
12	NOTICE of Appearance by Luke Anthony Liss on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Liss, Luke) (Entered: 04/10/2024)	April 10, 2024	April 10, 2024 PACER
13	NOTICE of Appearance by Ariel C. Green Anaba on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Green Anaba, Ariel) (Entered: 04/11/2024)	April 11, 2024	April 11, 2024 PACER
14	NOTICE of Appearance by Mark Yohalem on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Yohalem, Mark) (Entered: 04/11/2024)	April 11, 2024	April 11, 2024 PACER
15	NOTICE of Appearance by Constandinos Himonas on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Himonas, Constandinos) (Entered: 04/12/2024)	April 12, 2024	April 12, 2024 PACER
16	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew A. Macdonald, Filing fee $ 100, receipt number ADCDC-10829768. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration of Matthew A. Macdonald for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 04/15/2024)	April 15, 2024	April 15, 2024 PACER
17	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 4/4/2024; THOMAS J. VILSACK served on 4/4/2024, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/9/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/5/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 6/4/2024.) (Crauthers, Robin) (Entered: 04/16/2024)	April 16, 2024	April 16, 2024 PACER
18	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul J. Watford, Filing fee $ 100, receipt number ADCDC-10832352. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Standing, # 3 Proposed Order)(Crauthers, Robin) (Entered: 04/16/2024)	April 16, 2024	April 16, 2024 PACER
	Notice of Error	April 17, 2024	April 17, 2024 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 17, 2024	April 17, 2024 PACER
	NOTICE OF ERROR regarding 17 Summons Returned Executed as to Federal Defendant, Summons Returned Executed as to U.S. Attorney General, Summons Returned Executed as to US Attorney. The following error(s) need correction: Other- Please provide tracking information/proof of delivery. File with an Errata using the event Errata. (znmw)	April 17, 2024	April 17, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 16 Motion for Leave to Appear Pro Hac Vice. Attorney Matthew A. Macdonald is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/17/2024. (lctjk3)	April 17, 2024	April 17, 2024 PACER
19	ERRATA with Tracking Information/Proof of Delivery by ANGELA PROVOST, WENCESLAUS PROVOST, JR re 17 Summons Returned Executed as to Federal Defendant,,, Summons Returned Executed as to U.S. Attorney General,,, Summons Returned Executed as to US Attorney,,. (Attachments: # 1 Exhibit B USPS Tracking Results)(Crauthers, Robin) (Entered: 04/17/2024)	April 17, 2024	April 17, 2024 PACER
20	NOTICE of Appearance by Matthew A. Macdonald on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Macdonald, Matthew) (Entered: 04/17/2024)	April 17, 2024	April 17, 2024 PACER
21	Consent MOTION for Extension of Time to File Answer re 1 Complaint,,,,, by UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Attachments: # 1 Text of Proposed Order)(Kopplin, Rebecca) (Entered: 04/22/2024) 1 Text of Proposed Order View on PACER	April 22, 2024	April 22, 2024 PACER
	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines	April 23, 2024	April 23, 2024 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 23, 2024	April 23, 2024 PACER
	MINUTE ORDER granting Plaintiffs' 18 Motion for Leave to Appear Pro Hac Vice. Attorney Paul J. Watford is hereby admitted pro hac vice in this matter to appear for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Timothy J. Kelly on 4/23/2024. (lctjk3)	April 23, 2024	April 23, 2024 PACER
	MINUTE ORDER: Upon consideration of Defendants' 21 Consent Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. Defendants' deadline to answer or otherwise respond to all allegations presented in Plaintiffs' 1 Complaint shall be June 3, 2024. Signed by Judge Timothy J. Kelly on 4/23/2024. (lctjk3)	April 23, 2024	April 23, 2024 PACER
22	NOTICE of Appearance by Paul J. Watford on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Watford, Paul) (Entered: 04/29/2024)	April 29, 2024	April 29, 2024 PACER
23	NOTICE of Appearance by Faith Lowry on behalf of All Defendants (Lowry, Faith) (Entered: 05/30/2024)	May 30, 2024	May 30, 2024 PACER
24	Joint MOTION for Briefing Schedule and Related Order by UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Attachments: # 1 Text of Proposed Order)(Lowry, Faith) Modified event on 5/30/2024 (znmw). (Entered: 05/30/2024)	May 30, 2024	May 30, 2024 PACER
	Order on Motion for Briefing Schedule AND Set/Reset Deadlines	May 31, 2024	May 31, 2024 PACER
	MINUTE ORDER: Upon consideration of the parties' 24 Joint Motion for Scheduling Order, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern further proceedings: (1) Defendants shall answer or otherwise respond to the 1 Complaint by June 24, 2024; (2) Plaintiffs shall file their opposition to any motion or amended complaint by August 23, 2024; (3) Defendants shall file their reply to any opposition or otherwise respond to the amended complaint by September 23, 2024. It is further ORDERED that Plaintiffs' deadline pursuant to Local Rule 23.1(b) for filing a motion for class certification is suspended pending further order of the Court following an initial scheduling conference, and in any event shall be at least 60 days after the close of briefing on any motion to dismiss. Signed by Judge Timothy J. Kelly on 5/31/2024. (lctjk3)	May 31, 2024	May 31, 2024 PACER
25	Partial MOTION to Dismiss by UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Lowry, Faith) (Entered: 06/24/2024)	June 24, 2024	June 24, 2024 PACER
26	NOTICE OF RELATED CASE by ANGELA PROVOST, WENCESLAUS PROVOST, JR. Case related to Case No. 1:23-cv-02292-LLA. (Attachments: # 1 Certificate of Conference)(Crauthers, Robin) (Entered: 06/28/2024) 1 Certificate of Conference View on PACER	June 28, 2024	June 28, 2024 PACER
	.Order AND ~Util - Set/Reset Deadlines	July 2, 2024	July 2, 2024 PACER
	MINUTE ORDER: Upon consideration of Plaintiffs' 26 Notice of Related Case, it is hereby ORDERED that Defendants shall file a response, if any, to the 26 Notice of Related Case by July 9, 2024. Signed by Judge Timothy J. Kelly on 7/2/2024. (lctjk3)	July 2, 2024	July 2, 2024 PACER
27	RESPONSE re 26 Notice of Related Case filed by UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Lowry, Faith) (Entered: 07/09/2024)	July 9, 2024	July 9, 2024 PACER
28	NOTICE of Appearance by John Bernard Kenney on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Kenney, John) (Entered: 08/20/2024)	Aug. 20, 2024	Aug. 20, 2024 PACER
29	Joint MOTION for Briefing Schedule to be Amended by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Text of Proposed Order)(Kenney, John) (Entered: 08/20/2024)	Aug. 20, 2024	Aug. 20, 2024 PACER
30	ORDER granting the parties' 29 Joint Motion to Amend Briefing Schedule. See Order for details. Signed by Judge Timothy J. Kelly on 8/21/2024. (lctjk3) (Entered: 08/21/2024)	Aug. 21, 2024	Aug. 21, 2024 PACER
	Set/Reset Deadlines	Aug. 21, 2024	Aug. 21, 2024 PACER
	Set/Reset Deadlines: Amended Complaint due by 9/16/2024. Answer due by 10/28/2024, Dispositive Motion, if any, due by 10/28/2024. Response, if any, due by 12/16/2024 Reply, if any, due by 1/21/2025. (zkh)	Aug. 21, 2024	Aug. 21, 2024 PACER
31	NOTICE of Filing of Motion to Consolidate Cases by ANGELA PROVOST, WENCESLAUS PROVOST, JR (Kenney, John) (Entered: 08/27/2024)	Aug. 27, 2024	Aug. 27, 2024 PACER
32	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nora Sam Ahmed, Filing fee $ 100, receipt number ADCDC-11138339. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 09/05/2024)	Sept. 5, 2024	Sept. 5, 2024 PACER
33	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tonia Ouellette Klausner, Filing fee $ 100, receipt number ADCDC-11138367. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 09/05/2024)	Sept. 5, 2024	Sept. 5, 2024 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 6, 2024	Sept. 6, 2024 PACER
	MINUTE ORDER granting 32 Motion for Leave to Appear Pro Hac Vice. Attorney Nora Sam Ahmed is hereby admitted pro hac vice on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Timothy J. Kelly on 9/6/2024. (lctjk3)	Sept. 6, 2024	Sept. 6, 2024 PACER
	MINUTE ORDER denying without prejudice 33 Motion for Leave to Appear Pro Hac Vice. Local Rule 83.2(e)(2) requires an attorney seeking pro hac vice admission to set forth in a declaration "a list of all bars to which the attorney has been admitted." Attorney Tonia Ouellette Klausner referenced an "Attached List" of bar admissions to federal courts, but no such list appears in the 33 Motion or attachments. Therefore, it is hereby ORDERED that the 33 Motion is DENIED without prejudice. Signed by Judge Timothy J. Kelly on 9/6/2024. (lctjk3)	Sept. 6, 2024	Sept. 6, 2024 PACER
34	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tonia Ouellette Klausner, Filing fee $ 100, receipt number BDCDC-11140560. Fee Status: Fee Paid. by ANGELA PROVOST, WENCESLAUS PROVOST, JR. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Crauthers, Robin) (Entered: 09/06/2024)	Sept. 6, 2024	Sept. 6, 2024 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 9, 2024	Sept. 9, 2024 PACER
	MINUTE ORDER granting 34 Motion for Leave to Appear Pro Hac Vice. Attorney Tonia Ouellette Klausner is hereby admitted pro hac vice on behalf of Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Timothy J. Kelly on 9/09/2024. (lctjk3)	Sept. 9, 2024	Sept. 9, 2024 PACER
35	NOTICE of Appearance by Tonia Klausner on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Klausner, Tonia) (Entered: 09/11/2024)	Sept. 11, 2024	Sept. 11, 2024 PACER
36	AMENDED COMPLAINT against All Defendants with Jury Demand filed by WENCESLAUS PROVOST, JR, ANGELA PROVOST. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Amended Complaint Redline)(Kenney, John) (Entered: 09/16/2024) 1 View on RECAP	Sept. 16, 2024	Sept. 16, 2024 Clearinghouse
37	NOTICE of Appearance by Nora Ahmed on behalf of ANGELA PROVOST, WENCESLAUS PROVOST, JR (Ahmed, Nora) (Entered: 09/19/2024)	Sept. 19, 2024	Sept. 19, 2024 PACER
	Order on Motion to Dismiss	Oct. 2, 2024	Oct. 2, 2024 PACER
	MINUTE ORDER: Upon review of the docket, the Court notes that Defendants' 25 Partial Motion to Dismiss Plaintiffs' 1 Complaint has been rendered moot because the Court granted the parties' 29 Joint Motion for Briefing Schedule to be Amended, which permitted Plaintiffs to file the 36 Amended Complaint. Accordingly, it is hereby ORDERED that Defendants' 25 Partial Motion to Dismiss is DENIED as moot. Signed by Judge Timothy J. Kelly on 10/02/2024. (lctjk3)	Oct. 2, 2024	Oct. 2, 2024 PACER
38	Consent MOTION for Extension of Time to File Motion to Dismiss by UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Attachments: # 1 Text of Proposed Order)(Lowry, Faith) (Entered: 10/24/2024)	Oct. 24, 2024	Oct. 24, 2024 PACER
	Order on Motion for Extension of Time to File AND Set/Reset Deadlines	Oct. 25, 2024	Oct. 25, 2024 PACER
	MINUTE ORDER granting Defendants' 38 Consent Motion to Extend Defendants' Deadline. For the reasons set forth in Defendants' 38 Consent Motion, and because Plaintiffs consent to the relief sought, it is hereby ORDERED that Defendants' 38 Consent Motion is GRANTED. It is further ORDERED that the briefing schedule is AMENDED as follows: Defendants shall file their motion to dismiss by November 7, 2024; Plaintiffs shall file their response to Defendants' motion by December 20, 2024; and Defendants shall file their reply in support of their motion by January 21, 2025. Signed by Judge Timothy J. Kelly on 10/25/2024. (lctjk3)	Oct. 25, 2024	Oct. 25, 2024 PACER
39	NOTICE OF WITHDRAWAL OF APPEARANCE as to WENCESLAUS PROVOST, JR, ANGELA PROVOST. Attorney Robin S Crauthers terminated. (Crauthers, Robin) (Entered: 10/30/2024)	Oct. 30, 2024	Oct. 30, 2024 PACER
40	Partial MOTION to Dismiss Plaintiffs' First Amended Class Complaint by THOMAS J. VILSACK, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Exhibit A, Notice of Closure, # 2 Exhibit B, Schlanger Decl.)(Lowry, Faith) (Entered: 11/07/2024) 1 Exhibit A, Notice of Closure View on RECAP 2 Exhibit B, Schlanger Decl. View on RECAP	Nov. 7, 2024	Nov. 7, 2024 RECAP
41	Extension of Time to File Response/Reply	Dec. 17, 2024	Dec. 17, 2024 PACER
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Dec. 18, 2024	Dec. 18, 2024 PACER
42	Appear Pro Hac Vice	Jan. 3, 2025	Jan. 3, 2025 PACER
43	Memorandum in opposition to motion	Jan. 3, 2025	Jan. 3, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Jan. 5, 2025	Jan. 5, 2025 PACER
44	Notice of Appearance	Jan. 7, 2025	Jan. 7, 2025 PACER
45	Reply to opposition to motion	Feb. 4, 2025	Feb. 4, 2025 PACER
46	Notice of Withdrawal of Appearance	Feb. 25, 2025	Feb. 25, 2025 PACER
47	Notice of Appearance	March 4, 2025	March 4, 2025 PACER
48	Notice of Withdrawal of Appearance	March 4, 2025	March 4, 2025 PACER
49	Notice of Withdrawal of Appearance	March 11, 2025	March 11, 2025 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 29, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individual black farmers seeking to represent the following classes: "All Black farmers whose farm loan applications were delayed and/or denied on account of race within the last five years; All Black farmers whose civil rights complaints regarding discriminatory acts by or with the acquiescence of the USDA have not been timely and adequately investigated in accordance with law within the last six years; All Black farmers who applied for a federal farm program with the USDA and had their applications denied or reduced within the last five years based on delinquent USDA debts that the USDA has acknowledged should be forgiven on account of past discrimination; All Black farmers who lost land leases to USDA officials— including county committee members—who had access to information provided by socially disadvantaged farmers when applying for federal farm programs with the USDA.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Thomas James Vilsack (District of Columbia), Federal

United States Department of Agriculture (District of Columbia), Federal

Defendant Type(s):