Wynn v. Vilsack et al
| Scott Wynn |
| Zach Ducheneaux and Thomas J. Vilsack |
| The National Black Farmers Association and Association of American Indian Farmers |
| 3:2021cv00514 |
| May 18, 2021 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| James R Klindt |
| Civil Rights: Other |
| 05 U.S.C. § 0702 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 ANSWER and affirmative defenses to #1 Complaint by Zach Ducheneaux, Thomas J. Vilsack.(Newton, Emily) |
| Filing 47 NOTICE of supplemental authority re #46 Memorandum in opposition to Defendants' Motion for an Administrative Stay by Scott Wynn. (Fa, Wencong) |
| Filing 46 MEMORANDUM in opposition re #45 Motion to Stay Pending Resolution of Defendants' Stay Motion filed by Scott Wynn. (Fa, Wencong) |
| Filing 45 MOTION to Stay Administratively Timely Deadlines by All Defendants. (Snow, Kyla) |
| Filing 44 MOTION to Stay Proceedings by All Defendants. (Attachments: #1 Exhibit A - Miller Decision)(Snow, Kyla) |
Filing 43
CASE MANAGEMENT AND SCHEDULING ORDER: Deadline for Defendants to answer the Complaint is 7/14/2021. Discovery due by 12/3/2021. Cross-motions for summary judgment due by 1/6/2022. Responses to cross-motions for summary judgment due by 1/20/2022. Reply briefs due by 1/27/2022. Signed by Judge Marcia Morales Howard on 7/8/2021. (JW)
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| Filing 42 NOTICE by Zach Ducheneaux, Thomas J. Vilsack re Proposed Schedule (Knapp, Michael) |
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Filing 41
ORDERED: Plaintiff's Motion for Preliminary Injunction #11 is GRANTED. Defendants are immediately enjoined from issuing any payments, loan assistance, or debt relief pursuant to Section 1005(a)(2) of the American Rescue Plan Act of 2021 until further order from the Court. No later than June 29, 2021, the parties must confer and submit to the Court a proposed expedited schedule to resolve the merits of this action. See Order for further details. Signed by Judge Marcia Morales Howard on 6/23/2021. (DKM)
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| Filing 40 NOTICE by Zach Ducheneaux, Thomas J. Vilsack (Newton, Emily) |
| Filing 39 NOTICE of a related action per Local Rule 1.07(c) by Scott Wynn. Related case(s): Yes (Fa, Wencong) |
| Filing 38 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP) |
| Filing 37 TRANSCRIPT of Preliminary Injunction hearing held on June 16, 2021 before Judge Marcia Morales Howard. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/12/2021 Redacted Transcript Deadline set for 7/22/2021 Release of Transcript Restriction set for 9/20/2021. (CLP) |
| Filing 36 Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 6/16/2021; granting #25 The National Black Farmers Association and the Association of American Indian Farmers' Opposed Motion for Leave to File Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction; granting, in part, and deferring, in part, #33 The National Black Farmers Association and the Association of American Indian Farmers' Opposed Conditional Motion for Leave to Intervene as Defendants; taking under advisement #11 Plaintiff's Motion for Preliminary Injunction. Notice due June 22, 2021. See Minutes for additional details. Court Reporter: Cindy Packevicz Jarriel (JW) |
| Filing 35 ANSWER and affirmative defenses to #1 Complaint by Association of American Indian Farmers, The National Black Farmers Association.(Varnell, Janet) |
| Filing 34 MEMORANDUM in support re #33 Motion to Intervene filed by Association of American Indian Farmers, The National Black Farmers Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Varnell, Janet) |
| Filing 33 MOTION for Leave to Intervene as Defendants by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) (Modified on 6/16/2021, to edit text) (BGR). |
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Filing 32
ORDER permitting members of the press to enter the courthouse with laptops, tablets, and/or cell phones for tomorrow's preliminary injunction hearing. See Order for details and instructions on prohibited live transmission and audio/video recording. Signed by Judge Marcia Morales Howard on 6/15/2021. (MAM)
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Filing 31
ORDER granting #27, #29, and #30 Motions for Special Admission of Non-Resident Lawyers. David S. Muraskin, Randolph T. Chen, and Jessica L. Culpepper are permitted to appear pro hac vice on behalf of Proposed Amici Curiae the National Black Farmers Association and the Association of American Indian Farmers. Mr. Muraskin, Mr. Chen, and Ms. Culpepper shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so. Signed by Magistrate Judge James R. Klindt on 6/14/2021. (MDC)
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| Filing 30 MOTION for Jessica L. Culpepper to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355316 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 29 MOTION for Randolph T. Chen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355304 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 28 NOTICE of supplemental authority re #11 MOTION for Preliminary Injunction by Scott Wynn. (Attachments: #1 Exhibit 1 - Decision Granting TRO)(Fa, Wencong) |
| Filing 27 MOTION for David S. Muraskin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18355283 for $150 by Association of American Indian Farmers, The National Black Farmers Association. (Varnell, Janet) Motions referred to Magistrate Judge James R. Klindt. |
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Filing 26
ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, 2021, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 6/11/2021. (JW)
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| Filing 25 MOTION for Leave to File Amicus Brief by Association of American Indian Farmers, The National Black Farmers Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Varnell, Janet) |
| Filing 24 NOTICE of Appearance by Janet R. Varnell on behalf of The National Black Farmers Association, Association of American Indian Farmers (Varnell, Janet) |
| Filing 23 REPLY to Response to Motion re #11 MOTION for Preliminary Injunction filed by Scott Wynn. (Attachments: #1 Exhibit 1 - Decl. of Cobb)(Fa, Wencong) |
| Filing 22 RESPONSE re #11 MOTION for Preliminary Injunction by Zach Ducheneaux, Thomas J. Vilsack. (Attachments: #1 Exhibit Table of Authorities, #2 Exhibit)(Newton, Emily) |
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Filing 21
ENDORSED ORDER: Defendants' Motion for Leave to File Response Brief in Excess of 20 Pages #20 is GRANTED in part and DENIED in part. Defendants' response in opposition to Plaintiff's Motion for Preliminary Injunction #11 shall not exceed forty pages in length. Plaintiff's reply brief shall not exceed twenty pages in length. Signed by Judge Marcia Morales Howard on 6/2/2021. (DKM)
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| Filing 20 MOTION for Leave to File Response Brief in Excess of 20 Pages by All Defendants. (Snow, Kyla) (Modified on 6/2/2021, to edit text) (BGR). |
| Filing 19 NOTICE of compliance re 17 Order by Scott Wynn (Fa, Wencong) |
| Filing 18 NOTICE of Appearance by Emily Newton on behalf of Zach Ducheneaux, Thomas J. Vilsack (Newton, Emily) |
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Filing 17
ENDORSED ORDER directing counsel for Plaintiff to immediately serve #16 the Order entered on May 27, 2021, upon Defendants. After doing so, counsel for Plaintiff shall file a notice of compliance with the Court. Signed by Judge Marcia Morales Howard on 5/28/2021. (JW)
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Filing 16
ORDER regarding #11 Plaintiff's Motion for Preliminary Injunction. A hearing on the motion is set for either June 15, 2021, at 2:00 p.m. or June 16, 2021, at 10:00 a.m. Defendants shall have until June 4, 2021, at 1:00 p.m. to file a response. Plaintiff shall have until June 9, 2021, at 1:00 p.m. to file a reply, which shall not exceed ten pages. See Order for additional details. Signed by Judge Marcia Morales Howard on 5/27/2021. (JW)
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| Filing 15 SUMMONS returned executed by Scott Wynn. Zach Ducheneaux served on 5/26/2021, answer due 7/26/2021; Thomas J. Vilsack served on 5/26/2021, answer due 7/26/2021. (Attachments: #1 Exhibit A - Affidavit of Service on AUSA, #2 Exhibit B - Certified Mail Receipts)(Fa, Wencong) |
| Filing 14 NOTICE by Scott Wynn re #13 Order pdf regarding Service of Motion for Preliminary Injunction and Complaint (Attachments: #1 Exhibit A - Affidavit and USPS receipts)(Fa, Wencong) |
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Filing 13
ORDER: Plaintiff's Motion for Preliminary Injunction (Doc. 11) is TAKEN UNDER ADVISEMENT. Plaintiff is DIRECTED to immediately serve Defendants and notify the Court when service has been completed. See Order for details. Signed by Judge Marcia Morales Howard on 5/26/2021. (DKM)
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| Filing 12 DECLARATION of Scott Wynn re #11 MOTION for Preliminary Injunction by Scott Wynn. (Fa, Wencong) |
| Filing 11 MOTION for Preliminary Injunction by Scott Wynn. (Attachments: #1 Text of Proposed Order Granting Motion for Preliminary Injunction)(Fa, Wencong) |
| Filing 10 SUMMONS issued as to Zach Ducheneaux. (RH) |
| Filing 9 SUMMONS issued as to Thomas J. Vilsack. (RH) |
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Filing 8
ORDER granting #5, #6, and #7 Motions to Appear Pro Hac Vice and Written Designations and Consents to Act. Wencong Fa, Daniel M. Ortner, and Glenn E. Roper are permitted to appear pro hac vice on behalf of Plaintiff. Mr. Fa, Mr. Ortner, and Mr. Roper shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so.Signed by Magistrate Judge James R. Klindt on 5/21/2021. (MDC)
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| Filing 7 MOTION for Glenn E. Roper to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275796 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 6 MOTION for Daniel M. Ortner to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275777 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 5 MOTION for Wencong Fa to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18275740 for $150 by Scott Wynn. (Martin, Christina) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Scott Wynn. (Martin, Christina) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge James R. Klindt. New case number: 3:21-cv-0514-MMH-JRK. (SJB) |
| Filing 1 COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Filing fee $ 402 receipt number AFLMDC-18264397) filed by Scott Wynn. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Thomas Vilsack, #3 Proposed Summons to Zach Ducheneaux)(Martin, Christina) |
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