Case: Kent v. Vilsack

3:21-cv-00540 | U.S. District Court for the Southern District of Illinois

Filed Date: June 7, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought challenging the American Rescue Plan (ARP) and U.S. Department of Agriculture’s (USDA) classification of "socially disadvantaged groups." Three white farmers filed suit in the U.S. District Court for the Southern District of Illinois (East St. Louis) on June 7, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agency (FSA). Plaintiffs challenged Section 1005 of the ARP which offered fa…

This case is one of several brought challenging the American Rescue Plan (ARP) and U.S. Department of Agriculture’s (USDA) classification of "socially disadvantaged groups."

Three white farmers filed suit in the U.S. District Court for the Southern District of Illinois (East St. Louis) on June 7, 2021. The two defendants were the Secretary of Agriculture (who leads the USDA) and the administrator of USDA's Farm Service Agency (FSA). Plaintiffs challenged Section 1005 of the ARP which offered farmers loan forgiveness only if they belonged to a "socially disadvantaged group." The USDA, for the purposes of Section 1005, defined "socially disadvantaged group" as African Americans, American Indians, Alaska Natives, Hispanics, Asians, and Pacific Islanders. Plaintiffs asserted that "Section 1005 assumes farmers and ranchers are socially disadvantaged for no other reason than their membership in a racial group" and that other farmers are categorically excluded because they do not belong in this group. Plaintiffs argued that Section 1005 violated the Fifth Amendment’s guarantee of equal protection and violated the Administrative Procedure Act (APA). Plaintiffs first argued that Section 1005 would not survive the standard of Adarand Constructors Inc. v. Peña, which requires that blanket classifications be narrowly tailored and "intended or designed to remedy specific instances of racial discrimination." Plaintiffs further asserted that because Section 1005 violated equal protection, the USDA’s adherence to it would be an "unlawful agency action" under the APA. Relief sought included declaratory relief; preliminary and permanent injunctive relief enjoining Section 1005's racial classifications; $1 in nominal damages; and attorneys' fees. Plaintiffs were represented by the Pacific Legal Foundation, a non-profit that defends those "threatened by government overreach and abuse."

Judge J. Phil Gilbert was initially assigned to this case. However, he was recused on June 9, 2021, and Chief Judge Nancy J. Rosenstengel was assigned.

The government moved to stay all proceedings pending the resolution of the class action challenges to Section 1005 in Miller v. Vilsack on July 14, 2021. In Miller, the district court had both preliminarily enjoined the enforcement of Section 1005 and certified two classes of farmers bringing similar claims of discrimination.

Judge Rosenstengel granted what she later described as an administrative stay on July 19, 2021. However, after additional briefing from the parties, on November 10, 2021, she issued an opinion denying the government's request for a stay. In it, she noted several differences between this case and the Miller case, including the fact that Miller challenged the statute under the Civil Rights Act of 1964, while the plaintiff in this case brought constitutional and Administrative Procedures Act challenges and that the plaintiff here requested nominal damages. The judge also scheduled a status conference to discuss how the case would proceed.

This case is ongoing.

Summary Authors

Eric Gripp (8/9/2021)

Jonah Hudson-Erdman (11/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59966916/parties/kent-v-vilsack/


Judge(s)
Attorney for Plaintiff

Fa, Wencong M (California)

Kieser, Christopher M (California)

Attorney for Defendant

Culpepper, Jessica Leigh (Illinois)

Knapp, Michael Fraser (District of Columbia)

Muraskin, David Samuel (Illinois)

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Documents in the Clearinghouse

Document

3:21-cv-00540

Docket [PACER]

Nov. 10, 2021

Nov. 10, 2021

Docket
1

3:21-cv-00540

Complaint for Injunctive and Declaratory Relief

June 7, 2021

June 7, 2021

Complaint
26

3:21-cv-00540

Memorandum and Order

Nov. 10, 2021

Nov. 10, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59966916/kent-v-vilsack/

Last updated Feb. 28, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4496658.), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Summons re Zach Ducheneaux, # 3 Summons re Thomas Vilsack)(Roper, Glenn) (Entered: 06/07/2021)

1 Civil Cover Sheet

View on PACER

2 Summons re Zach Ducheneaux

View on PACER

3 Summons re Thomas Vilsack

View on PACER

June 7, 2021

June 7, 2021

RECAP
2

Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 21-cv-540-JPG. (kek) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
3

NOTICE OF ACTION - See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Glenn Roper does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
4

Summons Issued as to Thomas J. Vilsack and original mailed to Attorney Roper. (kek) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
5

Summons Issued as to Zach Ducheneaux and original mailed to Attorney Roper. (kek) (Entered: 06/08/2021)

June 8, 2021

June 8, 2021

PACER
6

NOTICE of Appearance by Glenn E. Roper on behalf of All Plaintiffs (Roper, Glenn) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
7

MOTION to Appear Pro Hac Vice by Attorney Wencong Fa $200 fee paid,receipt number 0754-4498823 by on behalf of All Plaintiffs. (Fa, Wencong) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
8

ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 6/9/2021. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
9

MOTION to Appear Pro Hac Vice by Attorney Christopher M. Kieser $200 fee paid,receipt number 0754-4499070 by on behalf of All Plaintiffs. (Kieser, Christopher) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
10

ORDER, Granting 7 MOTION to Appear Pro Hac Vice by Attorney Wencong Fa and 9 MOTION to Appear Pro Hac Vice by Attorney Christopher M. Kieser.(kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
11

NOTICE of Appearance by Christopher M. Kieser on behalf of All Plaintiffs (Kieser, Christopher) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
12

NOTICE of Appearance by Wencong Fa on behalf of All Plaintiffs (Fa, Wencong) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
13

SUMMONS Returned Executed by All Plaintiffs. Zach Ducheneaux served on 6/11/2021, answer due 8/10/2021; Thomas J. Vilsack served on 6/11/2021, answer due 8/10/2021. (Attachments: # 1 Exhibit A - Affidavits of Service on USA, # 2 Exhibit B - Certified Mail Receipts)(Roper, Glenn) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
14

NOTICE of Appearance by Michael Fraser Knapp on behalf of All Defendants (Knapp, Michael) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
15

MOTION to Stay All Proceedings by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: # 1 Exhibit A - Miller Order, # 2 Exhibit B - Faust Order)(Knapp, Michael) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
16

MOTION to Stay (Administrative) (TIME SENSITIVE) by All Defendants. (Knapp, Michael) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
17

RESPONSE in Opposition re 16 MOTION to Stay (Administrative) (TIME SENSITIVE) filed by All Plaintiffs. (Roper, Glenn) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
18

ORDER GRANTING Defendants' MOTION to Stay (Administrative) (TIME SENSITIVE) (Doc. 16 ). It is hereby ORDERED that the deadline for Defendants to Answer or otherwise respond to Plaintiffs' Complaint is STAYED pending further order of this Court. Signed by Chief Judge Nancy J. Rosenstengel on 7/19/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
19

Joint MOTION for Extension of Time to File Plaintiffs' Opposition to Motion for Stay by Ryan Kent, Joshua Morton, Matthew Morton. (Roper, Glenn) (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

PACER
20

ORDER GRANTING 19 Joint Motion for Extension of Time to File Plaintiffs' Opposition to Motion for Stay. The opposition brief is now due by August 13, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 7/23/2021. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER

Set Motion and R&R Deadlines/Hearings

July 23, 2021

July 23, 2021

PACER

Set Deadlines as to 15 MOTION to Stay. Response due by 8/13/2021 (kek)

July 23, 2021

July 23, 2021

PACER
21

MEMORANDUM in Opposition re 15 MOTION to Stay All Proceedings filed by All Plaintiffs. (Attachments: # 1 Exhibit Joint Report)(Roper, Glenn) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
22

REPLY to Response to Motion re 15 MOTION to Stay All Proceedings filed by All Defendants. (Attachments: # 1 Exhibit 1 - Carpenter Order, # 2 Exhibit 2 - Joyner Order)(Knapp, Michael) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
23

NOTICE by All Defendants re 15 MOTION to Stay All Proceedings (Update on Related Action) (Attachments: # 1 Exhibit 1 - Miller Order Denying Opt Out)(Knapp, Michael) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
24

STRICKEN - ORDER DENYING the Motion to Stay Pending A Resolution of Related Class Action, Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.) filed by Defendants Thomas J. Vilsak and Zach Ducheneaux (Doc. 15 ). Defendants' answer is due on or before December 8, 2021. A telephonic status conference will be set by separate Order to discuss the parties' discovery needs and the possibility of an expedited scheduling order. Signed by Chief Judge Nancy J. Rosenstengel on 11/10/2021. (drr) Modified on 11/10/2021 (drb). (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

RECAP
25

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 24 Order on Motion to Stay. Document stricken by the Court and order will be refiled.(drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
26

ORDER DENYING the Motion to Stay Pending A Resolution of Related Class Action, Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.) filed by Defendants Thomas J. Vilsak and Zach Ducheneaux (Doc. 15 ). Defendants' answer is due on or before December 8, 2021. A telephonic status conference will be set by separate Order to discuss the parties' discovery needs and the possibility of an expedited scheduling order. Signed by Chief Judge Nancy J. Rosenstengel on 11/10/2021. (drb) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

RECAP
27

ORDER: A Telephonic Status Conference SET for 11/23/2021 at 1:30 PM before Chief Judge Nancy J. Rosenstengel. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 11/10/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
28

Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Telephonic Status Conference held on 11/23/2021. Glenn Roper, Wen Fa and Michael Knapp participated. The parties shall submit the proposed protective order by email to NJRpd@ilsd.uscourts.gov on or before 12/3/2021. The amended complaint shall be filed with defendants filing an answer 12/8/21. The next Telephonic Status Conference is SET for 12/30/2021 at 11:00 AM before Chief Judge Nancy J. Rosenstengel. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
29

AMENDED COMPLAINT for Injunctive and Declaratory Relief against Zach Ducheneaux, Thomas J. Vilsack, filed by Joshua Morton, Matthew Morton.(Roper, Glenn) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

RECAP
30

MOTION to Appear Pro Hac Vice by Attorney Jessica Leigh Culpepper $200 fee paid,receipt number AILSDC-4647528 by on behalf of Association of American Indian Farmers, National Black Farmers Association. (Culpepper, Jessica) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
31

MOTION to Intervene Conditionally by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Exhibit Decl. of J. Boyd, # 2 Exhibit Decl. of K. Boyd, # 3 Exhibit Decl. of I. Williams, # 4 Exhibit Decl. of S. Lewis)(Culpepper, Jessica) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
32

Corporate Disclosure Statement by Association of American Indian Farmers (Culpepper, Jessica) Modified on 12/6/2021 (kek). (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
33

Corporate Disclosure Statement by National Black Farmers Association. (Culpepper, Jessica) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
34

MOTION to Appear Pro Hac Vice by Attorney David Samuel Muraskin $200 fee paid,receipt number AILSDC-4647658 by on behalf of Association of American Indian Farmers, National Black Farmers Association. (Muraskin, David) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
35

AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 12/3/2021. (Attachments: # 1 Exhibit Exhibit A)(drr) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
36

ORDER, Granting 30 MOTION to Appear Pro Hac Vice by Attorney Jessica Leigh Culpepper and 34 MOTION to Appear Pro Hac Vice by Attorney David Samuel Muraskin.(kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
37

NOTICE OF MODIFICATION re 32 Notice (Other) filed by Association of American Indian Farmers. Incorrect filing event used. Filer should have used the event "Corporate Disclosure Statement." Docket text has been modified accordingly. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
38

NOTICE of Appearance by Jessica Leigh Culpepper on behalf of Association of American Indian Farmers, National Black Farmers Association (Culpepper, Jessica) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
39

NOTICE of Appearance by David Samuel Muraskin on behalf of Association of American Indian Farmers, National Black Farmers Association (Muraskin, David) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
40

ANSWER to 29 Amended Complaint by All Defendants.(Knapp, Michael) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

RECAP
41

ORDER RESETTING STATUS CONFERENCE: Due to a conflict in the Court's schedule, the Telephonic Status Conference is RESET for 1/5/2022 at 11:00 AM before Chief Judge Nancy J. Rosenstengel. Instructions for the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 12/30/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
42

ORDER: The telephonic status conference set for 1/5/2022 at 11 AM is CANCELED. Order to follow. Signed by Chief Judge Nancy J. Rosenstengel on 1/5/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER
43

ORDER ADOPTING JOINT PROPOSED SCHEDULING AND DISCOVERY ORDER. Plaintiffs' Motion for Summary Judgment due on or before 2/4/2022. Defendants' combined response to Plaintiffs Dispositive Motion and Cross-motion for Summary Judgment due 4 weeks after Plaintiffs' motion is filed, but in no event before 2/18/2022. Signed by Chief Judge Nancy J. Rosenstengel on 1/5/2022. (Attachments: # 1 Joint Scheduling and Discovery Order)(drb) (Entered: 01/05/2022)

Jan. 5, 2022

Jan. 5, 2022

PACER
44

Joint MOTION for Leave to File Excess Pages by Joshua Morton, Matthew Morton. (Roper, Glenn) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
45

NOTICE REGARDING FILING re 44 Motion for Leave to File Excess Pages filed by Matthew Morton, Joshua Morton. When documents will contain multiple Attorney signatures, the non-filing Attorney shall include "with consent" in his/her signature. This Notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
46

ORDER GRANTING (Doc. 44 ) Joint MOTION for Leave to File Excess Pages. Signed by Chief Judge Nancy J. Rosenstengel on 1/21/2022. (drr) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
47

MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment by Joshua Morton, Matthew Morton. (Roper, Glenn) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
48

AFFIDAVIT re 47 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment by Joshua Morton, Matthew Morton. (Attachments: # 1 Exhibit 1 - Supp. Resp. to Rogs, # 2 Exhibit 2 - Resp. to Rogs set 2, # 3 Exhibit 3 - Resp. to RFA set 1, # 4 Exhibit 4 - Resp. to RFA set 2, # 5 Exhibit 5 - Resp. to RFP set 1, # 6 Exhibit 6 - Resp. to RFP set 2, # 7 Exhibit 7 - D. Robb Expert Report, # 8 Exhibit 8 - Miller Study, # 9 Exhibit 9 - Minkoff-Zerne article, # 10 Exhibit 10 - FSC Annual Report, # 11 Exhibit 11 - Jackson Lewis Report)(Roper, Glenn) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
49

AFFIDAVIT re 47 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment by Dr. Stephen Bronars by Joshua Morton, Matthew Morton. (Attachments: # 1 Exhibit 1 - P. Expert Rebuttal Report)(Roper, Glenn) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
50

NOTICE of Appearance by Kyla Marie Snow on behalf of All Defendants (Snow, Kyla) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
51

Cross MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Exhibit A - Declaration of William D. Cobb)(Snow, Kyla) (Entered: 03/01/2022)

1 Exhibit A - Declaration of William D. Cobb

View on PACER

March 1, 2022

March 1, 2022

PACER
52

RESPONSE in Opposition re 47 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit A - Declaration of William D. Cobb)(Snow, Kyla) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
53

MOTION for Leave to File Amicus Brief by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Exhibit)(Culpepper, Jessica) (Entered: 03/08/2022)

1 Exhibit

View on PACER

March 8, 2022

March 8, 2022

PACER
54

NOTICE REGARDING FILING re 53 Motion for Leave to File filed by Association of American Indian Farmers, National Black Farmers Association. Attachment contains a proposed document. Proposed documents should not be filed, rather should be submitted via email to the assigned Judge. Document should be submitted via email accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
55

ORDER: Plaintiffs Matthew Morton and Joshua Morton have until Wednesday, March 16, 2022 to file a response to the Motion of Amici Curiae (Doc. 53 ). It appears the major difference between the amicus brief and the Government's briefing is the remedy. Notably, there are district courts in the Seventh Circuit that "entertain [ ] requests on their merits despite the absence of a rule explicitly governing the requests, and in doing so will employ the principles used in evaluating motions brought under Federal Rule of Appellate Procedure 29." McCarthy v. Fuller, 2012 WL 1067863, at *1 (S.D. Ind. Mar. 29, 2012). Signed by Chief Judge Nancy J. Rosenstengel on 3/9/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER

Order

March 9, 2022

March 9, 2022

PACER

Set Deadlines as to 53 MOTION for Leave to File Amicus Brief. Response due by 3/16/2022 (kek)

March 10, 2022

March 10, 2022

PACER

Set Motion and R&R Deadlines/Hearings

March 10, 2022

March 10, 2022

PACER
56

MOTION to Intervene by Association of American Indian Farmers, National Black Farmers Association. (Attachments: # 1 Proposed Order)(Muraskin, David) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

RECAP
57

RESPONSE in Opposition re 51 Cross MOTION for Summary Judgment and Reply in Support of Motion for Summary Judgment 47 filed by Joshua Morton, Matthew Morton. (Fa, Wencong) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

RECAP
58

NOTICE OF MODIFICATION re 56 Motion to Intervene filed by Association of American Indian Farmers, National Black Farmers Association. Document includes a proposed order. Proposed orders are not to be filed, rather should be submitted via email to the assigned Judge. Proposed order has been removed from the docket in accordance with this Court's practices and should be sent via email accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
59

RESPONSE to Motion re 53 MOTION for Leave to File Amicus Brief filed by Joshua Morton, Matthew Morton. (Roper, Glenn) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

RECAP
60

Joint MOTION for Extension of Time to File Response/Reply as to 56 MOTION to Intervene (partially opposed) (TIME SENSITIVE) by All Defendants. (Knapp, Michael) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
61

ORDER GRANTING Joint MOTION for Extension of Time to File Response/Reply as to 56 MOTION to Intervene. (Doc. 60 ). The Parties shall file separate briefs in opposition on or before April 5, 2022. The Proposed Intervenors shall file a reply brief, if any, on or before April 19, 2022. Signed by Chief Judge Nancy J. Rosenstengel on 3/18/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

March 18, 2022

March 18, 2022

PACER
62

REPLY to Response to Motion re 51 Cross MOTION for Summary Judgment filed by All Defendants. (Snow, Kyla) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
63

RESPONSE in Opposition re 56 MOTION to Intervene filed by Joshua Morton, Matthew Morton. (Roper, Glenn) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

RECAP
64

RESPONSE in Opposition re 56 MOTION to Intervene filed by All Defendants. (Knapp, Michael) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

RECAP
65

REPLY to Response to Motion re 56 MOTION to Intervene filed by Association of American Indian Farmers, National Black Farmers Association. (Culpepper, Jessica) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

RECAP
66

ORDER GRANTING Motion for Leave to File Amicus Brief by Association of American Indian Farmers, National Black Farmers Association, (Doc. 53 ), as "Plaintiffs do not oppose the organizations' participation as amici, but they do oppose the organizations' position that 'intervention' is warranted because amici disagree with Defendants' proposed remedy." (Doc. 59 ). Signed by Chief Judge Nancy J. Rosenstengel on 4/22/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
67

MEMORANDUM in Support re 51 Cross MOTION for Summary Judgment (Amicus Brief) filed by Association of American Indian Farmers, National Black Farmers Association. (Culpepper, Jessica) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP

Order on Motion for Leave to File

April 22, 2022

April 22, 2022

PACER
68

MOTION for Leave to File Supplemental Authority in Support of Motion to Intervene by Association of American Indian Farmers, National Black Farmers Association. (Muraskin, David) (Entered: 05/02/2022)

May 2, 2022

May 2, 2022

RECAP
69

RESPONSE to Motion re 68 MOTION for Leave to File Supplemental Authority in Support of Motion to Intervene filed by All Defendants. (Snow, Kyla) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

RECAP
70

MOTION Hold Summary Judgment Proceedings in Abeyance re 47 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment, 51 Cross MOTION for Summary Judgment by All Defendants. (Knapp, Michael) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

RECAP
71

ORDER GRANTING MOTION Holding Summary Judgment Proceedings in Abeyance. (Doc. 70 ). On August 16, 2022, the President signed into law the Inflation Reduction Act, which expressly repeals ยง 1005 of the American Rescue Plan Act. In the government's view, this repeal moots the claims in this case and deprives the Court of jurisdiction. The Court will hold the parties' pending cross-motions for summary judgment in abeyance while the parties confer about next steps in this litigation. Accordingly, the parties are ORDERED to submit a joint status report on August 23, 2022, if Plaintiffs have not dismissed their claims before then. Signed by Chief Judge Nancy J. Rosenstengel on 8/18/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER

Set Deadlines: Status Report due by 8/23/2022. (kek)

Aug. 18, 2022

Aug. 18, 2022

PACER

Order on Motion for Miscellaneous Relief

Aug. 18, 2022

Aug. 18, 2022

PACER
72

STATUS REPORT by All Defendants. (Knapp, Michael) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

RECAP
73

ORDER: The Parties are ORDERED to provide a joint status report by Tuesday, August 30, 2022 on their respective positions and on the best way to proceed with this litigation. Signed by Chief Judge Nancy J. Rosenstengel on 8/23/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER

Set Deadlines: Status Report due by 8/30/2022. (kek)

Aug. 24, 2022

Aug. 24, 2022

PACER

Order

Aug. 24, 2022

Aug. 24, 2022

PACER
74

STIPULATION of Dismissal by All Defendants. (Knapp, Michael) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

RECAP
75

CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 8/30/2022. (drr) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: June 7, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three white farmers residing in Illinois.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Agriculture (Washington), Federal

Farm Service Agency (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

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:

Funding

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

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

White

Benefit Source:

American Rescue Plan (ARP)