Case: Swan v. Rollins

1:26-cv-01033 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: June 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging a federal program that imposes mandatory fees on dairy farmers.  On June 9, 2026, three dairy farmers filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin in the Green Bay Division. The plaintiffs sued the National Dairy Promotion and Research Board and the U.S. Secretary of Agriculture in her official capacity, asserting violations of the First Amendment and Administrative Procedure Act (APA). The plaintiffs alleged that the federal Dai…

This is a case challenging a federal program that imposes mandatory fees on dairy farmers. 

On June 9, 2026, three dairy farmers filed this lawsuit in the U.S. District Court for the Eastern District of Wisconsin in the Green Bay Division. The plaintiffs sued the National Dairy Promotion and Research Board and the U.S. Secretary of Agriculture in her official capacity, asserting violations of the First Amendment and Administrative Procedure Act (APA). The plaintiffs alleged that the federal Dairy Checkoff program unlawfully diverted funds to private entities, including the Innovation Center for U.S. Dairy, to advance environmental, social, and governance (ESG) initiatives. The program, established under the Dairy Promotion Stabilization Act of 1983, mandates that dairy farmers pay fees to fund dairy promotion and research. These initiatives allegedly required dairy farmers to adopt greenhouse gas reduction measures and submit to intrusive data collection, effectively compelling them to subsidize speech they oppose. The plaintiffs sought declaratory relief, injunctive relief barring the defendants from using Dairy Checkoff funds to support the Innovation Center, and attorney’s fees. The case was assigned to District Judge William C. Griesbach.

This case is ongoing.

Summary Authors

Alexis Gil (7/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73462367/parties/swan-v-rollins/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorney for Plaintiff

Furdek, Rebecca C (Wisconsin)

Lennington, Daniel P (Wisconsin)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01033

Complaint

June 9, 2026

June 9, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73462367/swan-v-rollins/

Last updated Sept. 28, 2026, 3:13 a.m.

Docket for: Swan v. Rollins
ECF Number Date Description Link
1 June 9, 2026

COMPLAINT against National Dairy Promotion and Research Board, Brooke Rollins by Abby Swan, Christopher C Baird, Adam P Faust. ( Filing Fee PAID $405 receipt number AWIEDC-5271605) (Attachments: # 1 Summons (Sec. Brooke Rollins), # 2 Summons (Dairy Board), # 3 Civil Cover Sheet)(Furdek, Rebecca)

Clearinghouse
2 June 9, 2026

DISCLOSURE Statement by All Plaintiffs. (Furdek, Rebecca)

RECAP
3 June 10, 2026

NOTICE of Appearance by Daniel P Lennington on behalf of Christopher C Baird, Adam P Faust, Abby Swan. Attorney(s) appearing: Daniel P. Lennington (Lennington, Daniel)

RECAP
June 10, 2026

NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available here. (seb)

June 10, 2026

Summons Issued as to Brooke Rollins, National Dairy Promotion and Research Board. (kwf)

4 Aug. 4, 2026

Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Furdek, Rebecca)

RECAP
5 Aug. 4, 2026

DECLARATION of Service by Mail (Furdek, Rebecca)

RECAP
Aug. 5, 2026

NOTICE of Electronic Filing Error re 5 Declaration of Service by Mail. The confirmation receipts and certified mail receipts should have been filed as attachments to the main document. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov for further guidance. (kwf)

6 Aug. 7, 2026

NOTICE of Appearance by Eitan Sirkovich on behalf of All Defendants. Attorney(s) appearing: Eitan R. Sirkovich (Sirkovich, Eitan)

RECAP
7 Aug. 7, 2026

Extension of Time to File Answer

1 Text of Proposed Order

View on PACER

RECAP
8 Aug. 11, 2026

TEXT ONLY ORDER GRANTING [7] Defendants' unopposed motion for an extension of time to September 16, 2026, to file an answer or otherwise respond to Plaintiffs' complaint, signed by Judge William C. Griesbach on 08/11/2026. (cc: all counsel) (Griesbach, William)

RECAP
Aug. 11, 2026

Order on Motion for Extension of Time to Answer

9 Sept. 16, 2026

Consent MOTION to Stay Proceedings by All Defendants. (Attachments: (1) Text of Proposed Order)(Sirkovich, Eitan)

1 Text of Proposed Order

View on RECAP

RECAP
10 Sept. 17, 2026

ORDER signed by Judge William C Griesbach on 9/17/2026 GRANTING [9] Defendants' Consent Motion to Stay Proceedings. All proceedings, including Defendants' deadline to respond to the complaint (Dkt. No. [1]), are hereby STAYED. The parties shall file joint status reports every thirty (30) days following entry of this Order, unless a stipulation of dismissal is filed beforehand. (cc: all counsel) (Griesbach, William)

RECAP

Case Details

State / Territory:

Wisconsin

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are three dairy farmers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Dairy Promotion and Research Board

U.S. Secretary of Agriculture

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Eastern District of Wisconsin 1:26-cv-01033

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Recommended Citation