Case: Strickland v. United States Department of Agriculture

2:24-cv-00060 | U.S. District Court for the Northern District of Texas

Filed Date: March 29, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 29, 2024, four white Texas farmers filed this lawsuit in the United States District Court for the Northern District of Texas under the Fifth Amendment to the United States Constitution and the Administrative Procedure Act, 5 U.S.C. § 701 et seq. against the United States Department of Agriculture (USDA), the Secretary of Agriculture, the Administrator of the Farm Service Agency, and the United States of America. Plaintiffs claimed that the defendants discriminate on the basis of race a…

On March 29, 2024, four white Texas farmers filed this lawsuit in the United States District Court for the Northern District of Texas under the Fifth Amendment to the United States Constitution and the Administrative Procedure Act, 5 U.S.C. § 701 et seq. against the United States Department of Agriculture (USDA), the Secretary of Agriculture, the Administrator of the Farm Service Agency, and the United States of America. Plaintiffs claimed that the defendants discriminate on the basis of race and sex in the payouts it makes to farmers through the USDA’s disaster assistance programs. The case was assigned to Judge Mattew Kaczmaryk.

Represented by the Southeastern Legal Foundation and the Mountain States Legal Foundation, the plaintiffs sought: (1) an order holding the discriminatory disaster assistance programs unlawful and setting aside the programs under 5 U.S.C. § 706(2); (2) a declaratory judgment that Congress never authorized USDA to allocate disaster and pandemic relief to individuals based on race or sex; (3) an order preliminarily and permanently enjoining Defendants from enforcing or implementing any categories based on race or sex absent clear congressional authorization; (4) in the alternative, a declaratory judgment that the race and sex preferences of the challenged programs are unconstitutional under the Equal Protection principles protected by the Due Process Clause of the Fifth Amendment to the United States Constitution, both facially and as applied; (5) an order preliminarily and permanently enjoining defendants from enforcing or implementing any race or sex preferences and remand the programs to USDA to remedy the Fifth Amendment violations; (6) in the alternative, an order vacating and setting aside the provisions of each of the challenged programs that apply race or sex preferences and remand the challenged programs to USDA to remedy the Fifth Amendment violations; (7) an order permanently enjoining defendants from reducing or increasing payments using the Notice of Funding Availability’s progressive factoring system; (8) and order vacating and setting aside the portion of the Notice of Funding Availability instituting progressive factoring and remand to the agency; (8) a mandate of a 90-day remand timeline, maintaining jurisdiction over the action to ensure compliance, and provide guidance to USDA on available curative responses; (9) costs and attorneys’ fees as allow by law, as well as all such other and further relief as deemed appropriate by the Court.

On April 5, 2024, plaintiffs filed a motion for a preliminary injunction. Plaintiffs claimed that they were suffering losses due to drought and excessive heat and sought a preliminary injunction or stay to prevent USDA from relying on race-based or otherwise socially-disadvantaged criteria in its provision of disaster relief. Their motion argued that they were likely to succeed; currently suffering irreparable harm; the balance of the equities was in their favor; and an injunction was in the public interest.

USDA filed a brief in opposition to the motion for preliminary injunction on May 3, 2024. USDA claimed that, contrary to plaintiffs’ assertions, plaintiffs only identified past harm and their alleged harm was reparable (because loss of income does not usually constitute irreparable injury). USDA also asserted that the 2022 Emergency Relief Program (ERP) was administered in a race and sex-neutral, discretionary, and reasonable way; the USDA’s discretionary decision to use progressive factoring when administering limited funds was beyond the reach of the court’s review. USDA further claimed that the use of the “socially disadvantaged farmer” designation was within the Secretary’s discretion, satisfies strict scrutiny, and did not violate the major questions doctrine given the history of providing socially disadvantaged farmers with support since the 1990s and the congressionally-provided definition of “socially disadvantaged.”

This case is ongoing.

Summary Authors

Alex DiLalla (4/23/2024)

Hannah Juge (5/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68389635/parties/strickland-v-united-states-department-of-agriculture/


Judge(s)

Kacsmaryk, Matthew Joseph (Texas)

Attorney for Plaintiff

Boucek, Braden Heath (Texas)

Isgur, Benjamin Isaac (Texas)

McConnell, Ed (Texas)

Attorney for Defendant

Lowry, Faith (Texas)

show all people

Documents in the Clearinghouse

Document
1

2:24-cv-00060

Complaint for Declaratory and Injunctive Relief, and, in the Alternative, for Partial Vacatur and Remand

March 29, 2024

March 29, 2024

Complaint
11

2:24-cv-00060

Plaintiffs' Brief in Support of Motion for a Preliminary Injunction or, in the Alternative, Relief Under 5 U.S.C. § 705

April 5, 2024

April 5, 2024

Pleading / Motion / Brief
21

2:24-cv-00060

Defendants’ Opposition to Plaintiffs’ Motion for a Preliminary Injunction

May 3, 2024

May 3, 2024

Pleading / Motion / Brief
21-1

2:24-cv-00060

Declaration of Zachary Wayne Ducheneaux

May 3, 2024

May 3, 2024

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68389635/strickland-v-united-states-department-of-agriculture/

Last updated May 17, 2024, 2:34 p.m.

ECF Number Description Date Link Date / Link
1

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) (Entered: 03/29/2024)

1 Cover Sheet

View on PACER

2 Certificate of Interested Parties

View on PACER

March 29, 2024

March 29, 2024

Clearinghouse
2

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
3

Certificate Regarding Judge-Specific Requirements. (Isgur, Benjamin) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
4

Certificate Regarding Judge-Specific Requirements. (Boucek, Braden) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
5

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
6

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
1

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) (Entered: 03/29/2024)

1 Cover Sheet

View on PACER

2 Certificate of Interested Parties

View on PACER

March 29, 2024

March 29, 2024

Clearinghouse
2

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
3

Certificate Regarding Judge-Specific Requirements. (Isgur, Benjamin) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
4

Certificate Regarding Judge-Specific Requirements. (Boucek, Braden) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
5

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
6

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
1

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) (Entered: 03/29/2024)

1 Cover Sheet

View on PACER

2 Certificate of Interested Parties

View on PACER

March 29, 2024

March 29, 2024

Clearinghouse
2

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
3

Certificate Regarding Judge-Specific Requirements. (Isgur, Benjamin) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
4

Certificate Regarding Judge-Specific Requirements. (Boucek, Braden) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
5

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
6

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) (Entered: 03/29/2024)

March 29, 2024

March 29, 2024

PACER
7

NOTICE of Attorney Appearance by Ed J McConnell on behalf of Rusty Strickland. (Filer confirms contact info in ECF is current.) (McConnell, Ed) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
8

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
9

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
7

NOTICE of Attorney Appearance by Ed J McConnell on behalf of Rusty Strickland. (Filer confirms contact info in ECF is current.) (McConnell, Ed) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
8

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
9

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
7

NOTICE of Attorney Appearance by Ed J McConnell on behalf of Rusty Strickland. (Filer confirms contact info in ECF is current.) (McConnell, Ed) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
8

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
9

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) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

PACER
10

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) (Entered: 04/05/2024)

1 Declaration(s) Declaration of Rusty Strickland

View on PACER

2 Declaration(s) Declaration of Alan West

View on PACER

3 Declaration(s) Declaration of Amy West

View on PACER

4 Declaration(s) Declaration of Bryan Baker

View on PACER

April 5, 2024

April 5, 2024

PACER
11

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) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
10

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) (Entered: 04/05/2024)

1 Declaration(s) Declaration of Rusty Strickland

View on PACER

2 Declaration(s) Declaration of Alan West

View on PACER

3 Declaration(s) Declaration of Amy West

View on PACER

4 Declaration(s) Declaration of Bryan Baker

View on PACER

April 5, 2024

April 5, 2024

PACER
11

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) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
10

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) (Entered: 04/05/2024)

1 Declaration(s) Declaration of Rusty Strickland

View on PACER

2 Declaration(s) Declaration of Alan West

View on PACER

3 Declaration(s) Declaration of Amy West

View on PACER

4 Declaration(s) Declaration of Bryan Baker

View on PACER

April 5, 2024

April 5, 2024

PACER
11

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) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
12

Certificate Regarding Judge-Specific Requirements. (Trachman, William) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
12

Certificate Regarding Judge-Specific Requirements. (Trachman, William) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
12

Certificate Regarding Judge-Specific Requirements. (Trachman, William) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
13

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) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
13

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) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
13

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) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
14

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
15

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
16

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
14

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
15

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
16

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
14

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
15

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
16

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) (Entered: 04/18/2024)

April 18, 2024

April 18, 2024

PACER
17

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) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
17

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) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
17

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) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
18

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) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
18

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) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
19

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) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
20

Certificate Regarding Judge-Specific Requirements. (Sverdlov, Alexander) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER
21

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) (Entered: 05/03/2024)

1 Declaration(s) of Zachary Ducheneaux

View on Clearinghouse

May 3, 2024

May 3, 2024

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 29, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four white Texas farmers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

Administrator of the Farm Service Agency (- United States (national) -), Federal

United States of America (- United States (national) -), 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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Area:

Disparate Treatment

Pay / Benefits

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

White

Affected Sex/Gender(s):

Female

Male