Concerned Citizens of West Tennessee v. United States Department of Agriculture (USDA) et al
| Concerned Citizens of West Tennessee |
| United States Department of Agriculture (USDA), Farm Service Agency, Secretary of Agriculture, Administrator of Farm Service Agency, State Executive Director of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Nguyen, LLC, Trang Nguyen LLC and Farm Credit Mid-America, FLCA |
| 1:2022cv01274 |
| December 12, 2022 |
| US District Court for the Western District of Tennessee |
| S Thomas Anderson |
| Jon A York |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
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Filing 45
NOTICE of Appearance by Michael Drezner on behalf of Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Secretary of Agriculture, State Executive Director of Farm Service Agency, United States Department of Agriculture (USDA) (Drezner, Michael)
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Filing 44
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT AND TO SET BRIEFING SCHEDULE #41 . Signed by Judge S. Thomas Anderson on 2/9/2023. (mbb)
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Filing 43
NOTICE of Appearance by Audrey M. Calkins on behalf of Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Secretary of Agriculture, State Executive Director of Farm Service Agency, United States Department of Agriculture (USDA) (Calkins, Audrey)
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Filing 42
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #41 Joint MOTION for Extension of Time to File Answer and to Set Briefing Schedule filed by State Executive Director of Farm Service Agency, Secretary of Agriculture, County Executive Director of Farm Service Agency, United States Department of Agriculture (USDA), Farm Loan Officer of Farm Service Agency, Administrator of Farm Service Agency, Farm Service Agency has been filed. However, the following deficiency has been found: The Proposed Order should be emailed in a Microsoft Word document to the Judge's ECF box and not attached to the Motion. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (ars)
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Filing 41
Joint MOTION for Extension of Time to File Answer and to Set Briefing Schedule by Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Secretary of Agriculture, State Executive Director of Farm Service Agency, United States Department of Agriculture (USDA). (Attachments: #1 Proposed Order)(Perez, Krystal-Rose)
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Filing 40
NOTICE of Appearance by Krystal-Rose Perez on behalf of Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Secretary of Agriculture, State Executive Director of Farm Service Agency, United States Department of Agriculture (USDA) (Perez, Krystal-Rose)
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Filing 39
ORDER GRANTING MOTION FOR PHILLIP A. MARTIN TO APPEAR PRO HAC VICE #38 . Signed by Chief Judge S. Thomas Anderson on 1/19/2023. (mbb)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Fee paid as part of previous filing) by Farm Credit Mid-America, FLCA. (Attachments: #1 Exhibit Certificate of Good Standing)(Martin, Phillip)
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Filing 37
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Nguyen, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Service)(Nolan, George)
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Filing 36
ORDER DENYING #35 MOTION FOR LEAVE TO APPEAR PRO HAC VICE WITHOUT PREJUDICE. Signed by Chief Judge S. Thomas Anderson on 1/17/23. (mbm)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4051732) by Farm Credit Mid-America, FLCA. (Attachments: #1 Exhibit Certificate of Good Standing)(Martin, Phillip)
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Filing 34
Notice of Correction to #32 Notice of Appearance . (Harrell, Samantha)
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Filing 33
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #32 Notice of Appearance filed by Concerned Citizens of West Tennessee has been filed. However, the following deficiency has been found: ***Your document titled Notice of Appearance contains an ink/wet signature. Signatures MUST COMPLY with amended LR 11.1. You must resubmit your entire filing as a NOTICE OF CORRECTION and attaching the Corrected Notice of Appearance as your main document.*** Please see our website for further information.. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (gkp)
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Filing 32
NOTICE of Appearance by Samantha Harrell on behalf of Concerned Citizens of West Tennessee (Harrell, Samantha)
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Filing 31
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Loan Officer of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 30
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to County Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 29
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to State Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 28
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Administrator of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 27
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Secretary of Agriculture. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 26
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 25
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to United States Department of Agriculture (USDA). (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 24
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Administrator of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail receipt and tracking information)(Nolan, George)
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Filing 23
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to State Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail receipt and tracking information)(Nolan, George)
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Filing 22
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail receipt and tracking information)(Nolan, George)
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Filing 21
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to United States Department of Agriculture (USDA). (Attachments: #1 Exhibit 1 - certified mail receipt and tracking information)(Nolan, George)
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Filing 20
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Secretary of Agriculture. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 19
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Loan Officer of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 18
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to County Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 17
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to State Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 16
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Administrator of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 15
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Secretary of Agriculture. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 14
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 13
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to United States Department of Agriculture (USDA). (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 12
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Credit Mid-America, FLCA. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 11
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Farm Loan Officer of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 10
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to County Executive Director of Farm Service Agency. (Attachments: #1 Exhibit 1 - certified mail return receipt)(Nolan, George)
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Filing 9
SUMMONS Returned Executed by Concerned Citizens of West Tennessee as to Trang Nguyen LLC. (Attachments: #1 Exhibit 1-certified mail return receipt)(Nolan, George)
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Filing 8
NOTICE of Appearance by Chelsea Bowling on behalf of Concerned Citizens of West Tennessee (Bowling, Chelsea)
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Filing 7
Summons Issued as to Farm Credit Mid-America, FLCA, Nguyen, LLC, and Trang Nguyen LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons Trang Nguyen LLC, #2 Summons Farm Credit Mid-America, FLCA)(skc)
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Filing 6
Summons Issued as to Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Secretary of Agriculture, State Executive Director of Farm Service Agency, United States Department of Agriculture (USDA), U.S. Attorney and U.S. Attorney General. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 Summons US Atty Gen, #2 Summons US Atty, #3 Summons Farm Service Agency, #4 Summons US Atty Gen, #5 Summons US Atty, #6 Summons Tom Vilsack, #7 Summons US Atty Gen, #8 Summons US Atty, #9 Summons Zach Ducheneaux, #10 Summons US Atty Gen, #11 Summons US Atty, #12 Summons John Litz, #13 Summons US Atty Gen, #14 Summons US Atty, #15 Summons Andy Lewis, #16 Summons US Atty Gen, #17 Summons US Atty, #18 Summons Jon Travis, #19 Summons US Atty Gen, #20 Summons US Atty)(skc) (Attachment 14 flattened and replaced on 12/13/2022-NEF Regenerated) (cdi).
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Filing 5
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (skc)
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Filing 4
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (skc)
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Filing 3
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (skc)
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Filing 2
Chief Judge S. Thomas Anderson and Magistrate Judge Jon A. York added. (skc)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Administrator of Farm Service Agency, County Executive Director of Farm Service Agency, Farm Credit Mid-America, FLCA, Farm Loan Officer of Farm Service Agency, Farm Service Agency, Nguyen, LLC, Secretary of Agriculture, State Executive Director of Farm Service Agency, Trang Nguyen LLC, United States Department of Agriculture (USDA) (Filing fee $ 402 receipt number ATNWDC-4031273), filed by Concerned Citizens of West Tennessee. (Attachments: #1 Civil Cover Sheet, #2 Summons USDA, #3 Summons USDA c/o Attorney General, #4 Summons USDA c/o U.S. Attorney, #5 Summons FSA, #6 Summons FSA c/o Attorney General, #7 Summons FSA c/o U.S. Attorney, #8 Summons Secretary of Agriculture, #9 Summons Sec. of Ag. c/o Att. Gen., #10 Summons Sec. of Ag. c/o U.S. Att., #11 Summons Administrator of FSA, #12 Summons Administrator of FSA c/o Att. Gen., #13 Summons Administrator of FSA c/o U.S. Att., #14 Summons State Executive Director of FSA, #15 Summons State Ex. Dir. of FSA c/o Att. Gen., #16 Summons State Ex. Dir. of FSA c/o U.S. Att., #17 Summons County Executive Director of FSA, #18 Summons County Ex. Dir. of FSA c/o Att. Gen., #19 Summons County Ex. Dir. of FSA c/o U.S. Att., #20 Summons Farm Loan Officer of FSA, #21 Summons Farm Loan Officer of FSA c/o Att. Gen., #22 Summons Farm Loan Officer of FSA c/o U.S. Att., #23 Summons Nguyen, LLC, #24 Summons Trang Nguyen LLC, #25 Summons Farm Credit Mid-America, FLCA, #26 Exhibit Ex. A - FSA Loan Handbook, #27 Exhibit Ex. B - FSA Env. Qual. Handbook, #28 Exhibit Ex. C - SBA OIG report, #29 Exhibit Ex. D - Jackson Sun article, #30 Exhibit Ex. E - USDA ERS ERR-9, #31 Exhibit Ex. F - USDA ERS AER-824, #32 Exhibit Ex. G-1 - USDA ERS EIB-208, #33 Exhibit Ex. G-2 - USDA ERS EIB-208 (cont.), #34 Exhibit Ex. H - Tyndall report, #35 Exhibit Ex. I - EPA 820-R-13-002, #36 Exhibit Ex. J - TN Lookout article, #37 Exhibit Ex. K - Nguyen, LLC FSA Loan Docs., #38 Exhibit Ex. L - Trang Nguyen LLC FSA Loan Docs., #39 Exhibit Ex. M - Oct. Draft EA, #40 Exhibit Ex. N - Nov. Draft EA, #41 Exhibit Ex. O-1 - FONSI, Final EA, Appendices A&B, #42 Exhibit Ex. O-2 - Final EA, Appendix M (part 1), #43 Exhibit Ex. O-3 - Final EA, Appendix M (part 2), #44 Exhibit Ex. O-4 - Final EA, Appendix M (part 3), #45 Exhibit Ex. P - Gorden Comment, #46 Exhibit Ex. Q - Nguyen, LLC third party review, #47 Exhibit Ex. R - Trang Nguyen LLC third party review)(Nolan, George)
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