COWTOWN FOUNDATION INC. et al v. UNITED STATES DEPARTMENT OF AGRICULTURE et al
| LEROY SMITH, JR. and COWTOWN FOUNDATION INC. |
| UNITED STATES DEPARTMENT OF AGRICULTURE, ASSISTANT SECRETARY OF CIVIL RIGHTS-SUCCESSOR and SECRETARY OF AGRICULTURE |
| 1:2021mc00045 |
| April 28, 2021 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 5 NOTICE OF WITHDRAWAL OF MOTION by COWTOWN FOUNDATION INC., LEROY SMITH, JR re #1 Motion to Compel (Hishaw, Jillian) |
MINUTE ORDER. In light of the voluntary withdrawal of the motions filed as a miscellaneous matter, the Clerk is directed to terminate 21-mc-0045. The order is without prejudice to the future filing of a proper civil action in accordance with the Federal Rules of Civil Procedure and this court's Local Rules. Signed by Judge Amy Berman Jackson on 5/6/2021. (lcabj1)
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| Filing 4 WITHDRAWN PURSUANT TO NOTICE FILED 05/06/21.....Amended MOTION to Compel Amended by COWTOWN FOUNDATION INC., LEROY SMITH, JR. (Attachments: #1 Exhibit Smith Jr.,, #2 Summons Tom Vilsack Secretary of Agriculture, #3 Summons Merrick Garland, U.S. Attorney General, #4 Summons U.S. Attorney, #5 Summons U.S. Dept. of Agriculture)(Hishaw, Jillian) Modified on 5/6/2021 (jth). |
| Filing 3 WITHDRAWN PURSUANT TO NOTICE FILED 05/06/21.....Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by COWTOWN FOUNDATION INC., LEROY SMITH, JR. (Hishaw, Jillian). Modified on 5/6/2021 (jth). |
| Filing 2 ENTERED IN ERROR.....AMENDED COMPLAINT against All Plaintiffs filed by COWTOWN FOUNDATION INC., LEROY SMITH, JR. (Attachments: #1 Exhibit Smith Jr.,, #2 Summons U.S. Attorney General, #3 Summons U.S. Dept. of Agriculture, #4 Summons Tom Vilsack, Secretary of Agriculture, #5 Summons U.S. Attorney)(Hishaw, Jillian) Modified on 5/4/2021 (adh, ). |
| NOTICE OF CORRECTED DOCKET ENTRY: re #2 Amended Complaint, was entered in error and counsel was instructed to refile said pleading. (adh, ) |
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MINUTE ORDER. In this case, plaintiffs docketed a "Motion to Compel a Formal Hearing Pursuant Administrative Procedure Act" #4 and a motion for a temporary restraining order and preliminary injunction under Fed. R. Civ. Proc. 65 and the Emergency Relief for Farmers of Color Act of 2021 #3 . The motions include numerous allegations on behalf of the plaintiffs and other socially disadvantaged farmers, but what is entirely absent from the docket is the complaint that that would initiate an action in federal court and set forth the identity of the parties, the nature of the claims, and the grounds for relief. See Fed. R. Civ. Proc. 3, 7, and 8. Under Rule 8, "[a] pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief." We have none of that here; the pleadings are a mash up of a number of legal theories and factual assertions. It is not clear to the Court what authority supports the filing of free-standing motions that are unmoored to any underlying complaint, or why this case was designated as a miscellaneous matter, rather than as a new civil action. Cf. LCvR 40.3 n.1 (listing the kinds of actions that may be brought as miscellaneous cases). Furthermore, the motion for emergency injunctive relief is devoid of any factual allegations or argument addressing the factors to be assessed by the Court, such as the likelihood of success on the merits, likelihood of irreparable harm in the absence of preliminary relief, the balance of the equities, and the public interest, see Winter v. Natural Res. Def. Council, 555 U.S. 7, 20 (2008); nor has it been served in accordance with LCvR 65.1. The Court is inclined to dismiss the miscellaneous action without prejudice to the initiation of a proper civil action in accordance with the Federal Rules, but before it does so, it will accord plaintiffs an opportunity to explain by May 6, 2021 why it would be appropriate for the Court to accept the filing of these pleadings as a miscellaneous action, and on what basis they may seek a hearing or interim injunctive relief in the absence of an underlying complaint. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/4/2021. (lcabj1)
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| Filing 1 WITHDRAWN PURSUANT TO NOTICE FILED 05/06/21.....MOTION to Compel (Filing fee $ 49 receipt number 4616105506) filed by COWTOWN FOUNDATION INC., LEROY SMITH, JR. (Attachments: #1 Exhibits)(zjf). Modified on 5/6/2021 (jth). |
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