Case: Strickland v. United States Department of Agriculture

COMPLAINT against All Defendants filed by Bryan Baker, Alan West, Double B Farms, LLC, Rusty Strickland, Amy West, Alan and Amy West Farms. (Filing fee $405; Receipt number ATXNDC-14499939) Clerk to issue summons(es). 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, # (2) Certificate of Interested Parties) (Boucek, Braden)

1 Cover Sheet

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2 Certificate of Interested Parties

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West. (Clerk QC note: No affiliate entered in ECF). (Isgur, Benjamin)

Certificate Regarding Judge-Specific Requirements. (Isgur, Benjamin)

Certificate Regarding Judge-Specific Requirements. (Boucek, Braden)

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (nht)

Summons issued as to Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack, U.S. Attorney, and U.S. Attorney General. (nht)

NOTICE of Attorney Appearance by Ed J McConnell on behalf of Rusty Strickland. (Filer confirms contact info in ECF is current.) (McConnell, Ed)

NOTICE of Attorney Appearance by Ed J McConnell on behalf of Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West. (Filer confirms contact info in ECF is current.) (McConnell, Ed)

NOTICE of Certification Regarding Generative Artificial Intelligence filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West (McConnell, Ed)

MOTION for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705 filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West (Attachments: # (1) Declaration(s) Declaration of Rusty Strickland, # (2) Declaration(s) Declaration of Alan West, # (3) Declaration(s) Declaration of Amy West, # (4) Declaration(s) Declaration of Bryan Baker) (Boucek, Braden)

1 Declaration(s) Declaration of Rusty Strickland

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2 Declaration(s) Declaration of Alan West

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3 Declaration(s) Declaration of Amy West

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4 Declaration(s) Declaration of Bryan Baker

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Brief/Memorandum in Support filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West re [10] MOTION for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705 (Boucek, Braden)

Certificate Regarding Judge-Specific Requirements. (Trachman, William)

AFFIDAVIT of Service for Complaint and Summons served on Thomas Vilsack, Merrick Garland, Zach Ducheneaux, USDA, and the United States of America on 3/29/2024. (Attachments: # (1) Exhibit(s) 1 to Affidavit of Service, # (2) Exhibit(s) 2 to Affidavit of Service, # (3) Exhibit(s) 3 to Affidavit of Service, # (4) Exhibit(s) 4 to Affidavit of Service, # (5) Exhibit(s) 5 to Affidavit of Service, # (6) Exhibit(s) 6 to Affidavit of Service) (Isgur, Benjamin)

1 Exhibit(s) 1 to Affidavit of Service

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2 Exhibit(s) 2 to Affidavit of Service

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3 Exhibit(s) 3 to Affidavit of Service

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4 Exhibit(s) 4 to Affidavit of Service

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5 Exhibit(s) 5 to Affidavit of Service

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6 Exhibit(s) 6 to Affidavit of Service

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NOTICE of Attorney Appearance by Faith Lowry on behalf of Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Filer confirms contact info in ECF is current.) (Lowry, Faith)

NOTICE of Attorney Appearance by Alexander V Sverdlov on behalf of Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Filer confirms contact info in ECF is current.) (Sverdlov, Alexander)

MOTION for Extension of Time to File Response/Reply to [10] MOTION for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705 filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack with Brief/Memorandum in Support. (Attachments: # (1) Proposed Order) (Lowry, Faith)

1 Proposed Order

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ORDER granting [16] Motion to Extend Time to Respond to [10] Motion for Preliminary Injunction. Responses due by 5/3/2024. (Ordered by Judge Matthew J. Kacsmaryk on 4/19/2024) (djs)

Unopposed MOTION for Leave to File Excess Pages filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack (Attachments: # (1) Proposed Order) (Lowry, Faith)

1 Proposed Order

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ORDER granting [18] Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Matthew J. Kacsmaryk on 5/3/2024) (cmk)

Certificate Regarding Judge-Specific Requirements. (Sverdlov, Alexander)

RESPONSE filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack re: [10] MOTION for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705 (Attachments: # (1) Declaration(s) of Zachary Ducheneaux) (Sverdlov, Alexander)

1 Declaration(s) of Zachary Ducheneaux

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REPLY filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West re: [10] MOTION for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705 (Attachments: # (1) Exhibit(s) Supplemental Declaration of Alan West) (Boucek, Braden)

1 Exhibit(s) Supplemental Declaration of Alan West

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NOTICE of re: [22] Reply, filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West (Attachments: # (1) Declaration(s) Second Supplemental Declaration of Alan West) (Boucek, Braden)

1 Declaration(s) Second Supplemental Declaration of Alan West

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Unopposed MOTION to Extend Time to Respond to Complaint filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack (Attachments: # (1) Proposed Order) (Lowry, Faith)

1 Proposed Order

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ORDER granting [24] Motion to Extend Time: Defendants are therefore ORDERED to respond to Plaintiffs' Complaint by July 1, 2024, at 11:59 p.m. CDT. (Ordered by Judge Matthew J. Kacsmaryk on 5/30/2024) (cmk)

Memorandum Opinion and Order granting in part [10] Motion for for Preliminary Injunction or, in the Alternative, Relief under 5 U.S.C. § 705, filed by Amy West, Alan and Amy West Farms, Rusty Strickland, Double B Farms, LLC, Alan West, Bryan Baker. (Ordered by Judge Matthew J. Kacsmaryk on 6/7/2024) (cmk)

NOTICE of Compliance re: [26] Memorandum Opinion and Order, filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack (Sverdlov, Alexander)

Proposal for contents of scheduling and discovery order agreed to by the parties by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland. (Isgur, Benjamin)

SCHEDULING ORDER (see order for specific deadlines). (Ordered by Judge Matthew J. Kacsmaryk on 7/3/2024) (cmk)

Administrative Record consisting of Administrative Record of USDA filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Attachments: # (1) Record Part 1, # (2) Record Part 2, # (3) Record Part 3) (Sverdlov, Alexander)

1 Record Part 1

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2 Record Part 2

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3 Record Part 3

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***DISREGARD - attorney will refile*** MOTION for Summary Judgment filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West (Boucek, Braden) Modified on 8/28/2024 (nht).

Brief/Memorandum in Support filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West re [34] MOTION for Summary Judgment (Boucek, Braden) Modified linkage on 8/28/2024 (nht).

Appendix in Support filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West re [34] MOTION for Summary Judgment, [32] Brief/Memorandum in Support of Motion (Attachments: # (1) Additional Page(s) Part 2 of 3 (pages 501-700), # (2) Additional Page(s) Part 3 of 3 (pages 701-972)) (Boucek, Braden) Modified linkage on 8/28/2024 (nht).

1 Additional Page(s) Part 2 of 3 (pages 501-700)

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2 Additional Page(s) Part 3 of 3 (pages 701-972)

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MOTION for Summary Judgment filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West (Boucek, Braden)

MOTION for Extension of Time to File Response/Reply to [34] MOTION for Summary Judgment filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack with Brief/Memorandum in Support. (Sverdlov, Alexander)

RESPONSE filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West re: [35] MOTION for Extension of Time to File Response/Reply to [34] MOTION for Summary Judgment (Isgur, Benjamin)

FIRST AMENDED SCHEDULING ORDER granting [35] Motion to Extend Time to File Response/Reply. (SEE ORDER FOR SPECIFIC DEADLINES.) (Ordered by Judge Matthew J. Kacsmaryk on 10/10/2024) (awc)

MOTION for Summary Judgment Combined Motion for Summary Judgment and Opposition filed by United States Department of Agriculture, Thomas James Vilsack, Zach Ducheneaux, United States of America with Brief/Memorandum in Support. (Lowry, Faith)

MOTION for Leave to File Amicus Brief filed by American Indian Mothers, Inc. with Brief/Memorandum in Support. (Attachments: # (1) Exhibit(s) Exhibit A - Amicus Brief, # (2) Exhibit(s) Exhibit B - Proposed Order)Attorney Efren Carlos Olivares added to party American Indian Mothers, Inc.(pty:am) (Olivares, Efren)

1 Exhibit(s) Exhibit A - Amicus Brief

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2 Exhibit(s) Exhibit B - Proposed Order

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Appendix in Support filed by American Indian Mothers, Inc. re [39] MOTION for Leave to File Amicus Brief (Olivares, Efren)

ORDER granting [39] 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 Matthew J. Kacsmaryk on 11/25/2024) (awc)

AMICI CURIAE BRIEF/Memorandum in Support filed by American Indian Mothers Inc, Concerned Citizens of Tillery, Cottage House Incorporation, Farm Aid, Kansas Black Farmers Association, Latino Farmers and Ranchers International Inc, National Sustainable Agriculture Coalition, National Young Farmers Coalition, North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project Inc, Rural Advancement Fund of the National Sharecroppers Fund Inc, Rural Coalition, World Farmers Inc re [38] MOTION for Summary Judgment Combined Motion for Summary Judgment and Opposition. (awc)

REPLY filed by Amy West, Double B Farms, LLC, Rusty Strickland, Bryan Baker, Alan and Amy West Farms, Alan West re: 34 MOTION for Summary Judgment, 38 MOTION for Summary Judgment Combined Motion for Summary Judgment and Opposition (Boucek, Braden) (Entered: 12/12/2024)

REPLY filed by United States Department of Agriculture, Thomas James Vilsack, Zach Ducheneaux, United States of America re: 38 MOTION for Summary Judgment Combined Motion for Summary Judgment and Opposition (Lowry, Faith) (Entered: 01/09/2025)

MOTION for Leave to File Sur-Reply to Defendants' Motion for Summary Judgment filed by Amy West, Double B Farms, LLC, Rusty Strickland, Bryan Baker, Alan and Amy West Farms, Alan West (Attachments: # 1 Exhibit(s)) (Isgur, Benjamin) (Entered: 01/16/2025)

RESPONSE filed by United States Department of Agriculture, Thomas James Vilsack, Zach Ducheneaux, United States of America re: 45 MOTION for Leave to File Sur-Reply to Defendants' Motion for Summary Judgment (Lowry, Faith) (Entered: 01/17/2025)

ORDER granting 45 Motion for Leave to File Sur-Reply. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 1/21/2025) (awc) (Entered: 01/21/2025)

Sur-reply filed by Amy West, Double B Farms, LLC, Rusty Strickland, Bryan Baker, Alan and Amy West Farms, Alan West re: 38 MOTION for Summary Judgment Combined Motion for Summary Judgment and Opposition. (awc) (Entered: 01/21/2025)

ORDER: The Court ORDERS the parties to submit a joint brief detailing how this Executive Order bears on the disposition of the case. The joint brief must be submitted on or before February 3, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 1/27/2025) (awc) (Entered: 01/27/2025)

MOTION to Extend Time to file joint submission filed by United States Department of Agriculture, Thomas James Vilsack, Zach Ducheneaux, United States of America (Attachments: # 1 Proposed Order) (Lowry, Faith) (Entered: 01/29/2025)

1 Proposed Order

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Order on Motion for Extension of Time

STATUS REPORT filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Lowry, Faith) (Entered: 02/10/2025)

ORDER: Before the Court is the parties' joint brief, filed February 10, 2025 (Brief). ECF No. 52. The Court construes the Brief as a Motion to Stay. The parties' Motion is GRANTED. The Court therefore STAYS all proceedings and deadlines in this case until March 13, 2025. The parties are ORDERED to file a status report on or before March 13, 2025. The parties may refile and reargue any motions following the submission of their status report. The Court DIRECTS the Clerk of the Court to administratively close this case. (Ordered by Judge Matthew J. Kacsmaryk on 2/11/2025) (ars) (Entered: 02/11/2025)

NOTICE of Attorney Appearance by Cassandra Snyder on behalf of Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Filer confirms contact info in ECF is current.) (Snyder, Cassandra) (Entered: 03/11/2025)

Unopposed MOTION to Withdraw as Attorney Faith Lowry filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack (Attachments: # 1 Proposed Order) (Lowry, Faith) (Entered: 03/11/2025)

ORDER granting 55 Motion to Withdraw as Attorney. Attorney Faith Lowry terminated. (Ordered by Judge Matthew J. Kacsmaryk on 3/12/2025) (ars) (Entered: 03/12/2025)

Joint STATUS REPORT filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Snyder, Cassandra) (Entered: 03/13/2025)

ORDER: The Court therefore STAYS all proceedings and deadlines in this case until March 27, 2025. The parties are ORDERED to file a status report on or before March 27, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 3/19/2025) (cmk) (Entered: 03/19/2025)

Joint STATUS REPORT filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Snyder, Cassandra) (Entered: 03/27/2025)

ORDER: The Court therefore STAYS all proceedings and deadlines in this case until April 10, 2025. The parties are ORDERED to file a status report on or before this same date. (Ordered by Judge Matthew J. Kacsmaryk on 3/31/2025) (ars) (Entered: 03/31/2025)

Joint STATUS REPORT filed by Zach Ducheneaux, United States Department of Agriculture, United States of America, Thomas James Vilsack. (Snyder, Cassandra) (Entered: 04/10/2025)

Unopposed MOTION to Withdraw as Attorney Efren C. Olivares filed by American Indian Mothers Inc, Concerned Citizens of Tillery, Cottage House Incorporation, Farm Aid, Kansas Black Farmers Association, Latino Farmers and Ranchers International Inc, National Sustainable Agriculture Coalition, National Young Farmers Coalition, North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project Inc, Rural Advancement Fund of the National Sharecroppers Fund Inc, Rural Coalition, World Farmers Inc (Attachments: # 1 Proposed Order) (Olivares, Efren) (Entered: 04/23/2025)

ORDER: The Court ORDERS parties to properly file a joint motion for voluntary remand on or before Friday, May 9, 2025. (Ordered by Judge Matthew J. Kacsmaryk on 4/25/2025) (ars) (Entered: 04/25/2025)

ORDER granting 62 Motion to Withdraw as Attorney. (Ordered by Judge Matthew J. Kacsmaryk on 4/25/2025) (ars) (Entered: 04/25/2025)

Joint MOTION to Remand to USDA filed by Alan and Amy West Farms, Bryan Baker, Double B Farms, LLC, Rusty Strickland, Alan West, Amy West with Brief/Memorandum in Support. (Isgur, Benjamin) (Entered: 05/09/2025)

ORDER granting 65 Motion to Remand to United States Department of Agriculture: After considering the relevant briefing, law, and arguments, the parties' Motion seeking remand to USDA is GRANTED. The Court retains jurisdiction over the case during the pendency of the remand and, during this period, STAYS all proceedings and deadlines in the instant case. The Court further ORDERS USDA to finalize its reconsideration of the challenged programs on or before September 30, 2025. Should the parties wish to extend this deadline, they must file the appropriate motion before this Court. The Court further ORDERS parties to file a joint status report within fourteen days of USDA's final reconsideration of the challenged programs, containing a proposal of how the Court should proceed if necessary. (Ordered by Judge Matthew J. Kacsmaryk on 5/15/2025) (cmk) (Entered: 05/15/2025)