Black Farmers Agriculturalists Association, Inc et al v. Vilsack et al
| Black Farmers Agriculturalists Association, Inc, Thomas Burrell, Mary Ferguson, Claudette Jackson and Mauzie Furlow |
| Thomas J Vilsack and Zach Ducheneaux |
| 2:2023cv02527 |
| August 24, 2023 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Sheryl H Lipman |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on January 9, 2024. A more recent docket listing may be available from PACER.
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Filing 48
ORDER SETTING BRIEFING SCHEDULE. Signed by Chief Judge Sheryl H. Lipman on October 18, 2023. (shl)
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Filing 47
Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Scheduling Conference was set to be held on 10/18/2023. Percy Squire appeared for the Plaintiffs. John T. Lewis and Michael Jason Martin appeared for the Defendants. Briefing schedule discussed instead of setting a schedule in the case. Plaintiff to file a Preliminary Injunction Motion by October 27, 2023. Defendants to file their consolidated opposition and cross motion to dismiss by November 13, 2023. Plaintiff's reply due by November 27, 2023 and Defendant's reply due by December 7, 2023. Parties are to submit a proposed scheduling order one week after the Court rules on the motion. The Court will enter an order regarding these deadlines. (Court Reporter: Candace Covey) (mmm)
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Filing 46
SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been RESET to take place by MICROSOFT TEAMS VIDEO on WEDNESDAY, OCTOBER 18, 2023 at 9:30 A.M. before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS. The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings. The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (mmm)
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Filing 45
ORDER DENYING #43 JOINT MOTION TO VACATE SCHEDULING CONFERENCE AND RESETTING THE SCHEDULING CONFERENCE VIA VIDEO. Signed by Chief Judge Sheryl H. Lipman on October 13, 2023. (shl)
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Filing 44
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #41 Amended Complaint filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Filer failed to add additional parties when prompted. Clerk's office will add these defendants, instead of having counsel publish a second amended complaint to add these parties. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae)
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Filing 43
Joint MOTION to Vacate Scheduling Conference, Joint MOTION to Enter Briefing Schedule and Joint Status Report by All Defendants. (Attachments: #1 Proposed Order Submitted)(Lewis, John)
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Filing 42
SUMMONS Returned Executed by Black Farmers Agriculturalists Association, Inc, Thomas Burrell as to Kevin G. Ritz. (Squire, Percy)
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Filing 41
AMENDED COMPLAINT FOR CLASS, DECLARATORY AND INJUNCTIVE RELIEF against All Defendants All Defendants., filed by All Plaintiffs.(Squire, Percy)
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Filing 40
ORDER FINDING AS MOOT #2 MOTION FOR PRELIMINARY INJUNCTION; #16 MOTION FOR TRO AND GRANTING PLAINTIFFS MOTION TO FILE AN AMENDED COMPLAINT. Signed by Chief Judge Sheryl H. Lipman on September 28, 2023. (shl)
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Filing 39
SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for WEDNESDAY, OCTOBER 18, 2023 at 9:30 A.M. before Chief Judge Sheryl H. Lipman in Courtroom No. 1, on the 11th floor of the Federal Building, Memphis, Tennessee.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS.(mmm)
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Filing 38
REPLY to Response to Motion re #31 Response in Opposition to Motion, and Motion to File an Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Squire, Percy)
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Filing 37
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #35 Reply to Response to Motion filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Filer failed to include certificate of consultation. Chambers also cannot rule on a reply when you've also included a motion to amend compliant. Please resubmit as a motion and include the certificate of consultation. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 36
NOTICE by Zach Ducheneaux, Thomas J Vilsack of Extended Deadline (Attachments: #1 Exhibit Press Release)(Lewis, John)
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Filing 35
REPLY to Response to Motion re #31 Response in Opposition to Motion, and Motion to File an Amended Complaint filed by All Plaintiffs. (Squire, Percy)
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Filing 34
TEXT ONLY ORDER GRANTING #32 UNOPPOSED MOTION TO EXTEND REPLY TO DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. Reply is now due September 25, 2023. Signed by Chief Judge Sheryl H. Lipman on September 22, 2023. (shl)
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Filing 33
NOTICE by Black Farmers Agriculturalists Association, Inc re #32 First MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, for preliminary injunction notice of no objection (Squire, Percy)
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Filing 32
First MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, for preliminary injunction by Black Farmers Agriculturalists Association, Inc. (Squire, Percy)
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Filing 31
RESPONSE in Opposition re #16 Corrected MOTION for Temporary Restraining Order proposed order submitted, #2 MOTION for Preliminary Injunction , #3 MOTION for Temporary Restraining Order (proposed order Submitted) filed by All Defendants. (Attachments: #1 Exhibit Internet Sources, #2 Exhibit Proposed Order)(Lewis, John)
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Filing 30
TEXT ONLY ORDER finding as moot #19 Motion to Hold Motion for Temporary Restraining Order in Abeyance and to Enter Briefing Schedule. Signed by Chief Judge Sheryl H. Lipman on September 11, 2023. (shl)
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Filing 29
NOTICE by Black Farmers Agriculturalists Association, Inc re #28 Notice (Other), (Attachments: #1 Exhibit Executed declaration of Mary Ferguson, #2 Exhibit Executed declaration of Claudette Jackson)(Squire, Percy)
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Filing 28
NOTICE by Black Farmers Agriculturalists Association, Inc re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit Supplemental Declaration of Thomas Burrell, #2 Exhibit Declaration of Mary Ferguson unsigned, #3 Exhibit Declaration of Claudette Jackson unsigned)(Squire, Percy)
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Filing 27
NOTICE OF CANCELLATION: THE HEARING that was SET on THURSDAY, September 28, 2023 at 10:30 A.M. before Chief Judge Sheryl H. Lipman IS CANCELLED. (mmm)
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Filing 26
ORDER granting #25 JOINT MOTION TO AMEND BRIEFING SCHEDULE AND DENYING PLAINTIFFS' REQUEST FOR ORAL ARGUMENT. Signed by Chief Judge Sheryl H. Lipman on September 7, 2023. (shl)
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Filing 25
Joint MOTION Joint Statement and Motion to Enter Amended Briefing Schedule Proposed Order Submitted by All Defendants. (Attachments: #1 Proposed Order)(Lewis, John)
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Filing 24
NOTICE of Appearance by John T. Lewis on behalf of All Defendants (Lewis, John)
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Filing 23
SETTING LETTER: A HEARING has been SET before Chief Judge Sheryl H. Lipman for THURSDAY, September 28, 2023 at 10:30 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.The parties are instructed to have present any witnesses who will be needed for this hearing. (mmm)
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Filing 22
Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Status Conference held on 8/31/2023 via Microsoft Teams Video. Percy Squire appeared for plaintiffs. Michael Jason Martin appeared for defendants. John Lewis appeared on behalf of the DOJ. John Lewis has filed an application for admission. Status of the Case was discussed. A Hearing is set for Thursday, September 28, 2023 at 10:30 AM in person before Chief Judge Sheryl H. Lipman in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. By Friday, September 15, 2023, parties are to file a Joint Statement regarding their positions on the hearing and to inform the Court whether live testimony will be needed. (Court Reporter: Polly Wardlaw) (mmm)
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Filing 21
MEMORANDUM in Support re #16 Corrected MOTION for Temporary Restraining Order proposed order submitted, #3 MOTION for Temporary Restraining Order (proposed order Submitted) CORRECTED filed by All Plaintiffs. (Squire, Percy)
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Filing 20
TEXT SETTING LETTER: A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order has been RESET to take place as a Status Conference on THURSDAY, AUGUST 31, 2023 at 2:00 P.M. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Melanie Mullen at melanie_mullen@tnwd.uscourts.gov for any questions.(mmm)
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Filing 19
MOTION Joint Motion to Hold Motion for Temporary Restraining Order in Abeyance and to Enter Briefing Schedule proposed order submitted by Zach Ducheneaux, Thomas J Vilsack. (Martin, Michael)
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Filing 18
TEXT SETTING LETTER: **This hearing will now take place by TEAMS** A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order SET before Chief Judge Sheryl H. Lipman for THURSDAY, AUGUST 31, 2023 at 2:00 P.M. will NOW take place via Microsoft TEAMS Video. The proceeding will be done via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Melanie Mullen at melanie_mullen@tnwd.uscourts.gov for any questions.(mmm)
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Filing 17
SETTING LETTER: A HEARING on Plaintiffs' [3, 16] Motion for Temporary Restraining Order has been SET before Chief Judge Sheryl H. Lipman for THURSDAY, AUGUST 31, 2023 at 2:00 P.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee.The parties are instructed to have present any witnesses who will be needed for this hearing.(mmm)
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Filing 16
Corrected MOTION for Temporary Restraining Order proposed order submitted by All Plaintiffs. (Squire, Percy)
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Filing 15
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #3 MOTION for Temporary Restraining Order (proposed order Submitted) filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: Document is not a motion. Please resubmit as a motion for temporary restraining order within the next 24 hours. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 14
TEXT ONLY ORDER GRANTING #12 Motion for Leave to Appear Pro Hac Vice filed by Percy Squire. Signed by Chief Judge Sheryl H. Lipman on 8/25/2023. (shl)
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Filing 13
ORDER SETTING HEARING ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Sheryl H. Lipman on August 25, 2023. (shl)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4218380) by All Plaintiffs. (Attachments: #1 Exhibit SDOH Cert. of Good Standing, #2 Exhibit Supreme Ct. OH Cert f Good Standing)(Squire, Percy)
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Filing 11
AMENDED DOCUMENT by Black Farmers Agriculturalists Association, Inc, Thomas Burrell. Amendment to 9 Deficiency Notice,, #1 Complaint, signed documents. (Attachments: #1 Civil Cover Sheet)(Squire, Percy)
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Filing 10
Summons Issued as to Zach Ducheneaux, Thomas J Vilsack, 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 Honorable Zach Ducheneaux, #2 Kevin Ritz, U.S. Attorney WDTN, #3 Honorable Thomas Vilsack)(agj)
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Filing 9
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint, filed by Thomas Burrell, Black Farmers Agriculturalists Association, Inc has been filed. However, the following deficiency has been found: the pleading does not have the required electronic signatures on the complaint nor civil cover sheet. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj)
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Filing 8
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 (agj)
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Filing 7
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 (agj)
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Filing 6
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 (agj)
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Filing 5
Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (agj)
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Filing 4
ATTACHMENT Declaration of Thomas Burrell to #3 MOTION for Temporary Restraining Order (proposed order Submitted) by Black Farmers Agriculturalists Association, Inc, Thomas Burrell.. (Squire, Percy)
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Filing 3
MOTION for Temporary Restraining Order (proposed order Submitted) by All Plaintiffs. (Squire, Percy)
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Filing 2
MOTION for Preliminary Injunction by All Plaintiffs. (Squire, Percy)
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief (EMERGENCY) against All Defendants (Filing fee $ 402 receipt number ATNWDC-4218130), filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons AG, #7 Summons Ducheneaux, #8 Summons Ritz, #9 Summons Vilsack)(Squire, Percy)
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