Faust et al v. Vilsack et al
| Adam P Faust, Jon Stevens, Joseph W Schmitz, Christopher C Baird, Jay T Slaba, Theodore G Shields, Jr, Cheryl J Ash, Teena J Banducci, Lori J Watkins, Brandon D Banducci, Jonathan P Stevens, James C Ash and Christopher D Bohnenkamp |
| Thomas J Vilsack, Zack Duchaneaux and Zach Ducheneaux |
| Lee Perry and Corey Lea |
| Community Farm Alliance, Rural Coalition, Kansas Black Farmers Association, Cottage House Inc, Intertribal Agriculture Council, Family Farm Defenders, Woman Food & Agriculture Network, National Black Farmers Association, California FarmLink, HEAL Food Alliance, Texas Coalition of Rural Landowners, National Sustainable Agriculture Coalition, Operation Spring Plant Inc, Farm Aid, National Family Farm Coalition, Natural Resources Defense Council Inc, National Latino Farmers and Ranchers Trade Association, World Farmers, Steward Holdings Inc, Rural Advancement Foundation International-USA, National Young Farmers Coalition, North Carolina Association of Black Lawyers Land Loss Prevention Project, Oklahoma Black Historical Research Project Inc, Association of American Indian Farmers, Rural Advancement Fund of the National Sharecroppers Fund Inc, CFA, American Indian Mothers Inc, Arkansas Land and Farm Development Corporation and Land Stewardship Project |
| 1:2021cv00548 |
| April 29, 2021 |
| US District Court for the Eastern District of Wisconsin |
| William C Griesbach |
| Civil Rights: Other |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 RESPONSE filed by All Defendants re #44 Supplemental Brief in Support of Motion (Newton, Emily) Modified on 6/25/2021 (tlf). |
| Filing 44 SUPPLEMENTAL BRIEF in Support filed by All Plaintiffs re #13 MOTION for Preliminary Injunction Supplemental Authority In Light of Wynn v. Vilsack, M.D. Fla.. (Lennington, Daniel) Modified on 6/25/2021 (tlf). |
| Filing 46 Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/24/2021. (Tape #062421) (mac) |
| NOTICE of Hearing: Telephone Conference set for 6/24/2021 02:30 PM before Judge William C Griesbach to address the status of the case in light of the decision and order granting the motion for preliminary injunction in Case No. 21-514-MMH-JRK, Wynn v. Vilsack (M.D. Fla. June 23, 2021). Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. Please contact the Office of the Clerk at 920-455-7381 if you have any questions. All participants are to confirm their appearance with the Clerk prior to the date of the hearing. Verification of your participation should be sent to wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(tlf) |
| Filing 43 REPLY BRIEF in Support filed by All Plaintiffs re #13 MOTION for Preliminary Injunction . (Lennington, Daniel) |
| Filing 42 AMICI CURIAE BRIEF in Opposition filed by American Indian Mothers Inc, Arkansas Land and Farm Development Corporation, California FarmLink, Community Farm Alliance (CFA), Cottage House Inc, Family Farm Defenders, Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association, Land Stewardship Project, National Family Farm Coalition (NFFC), National Latino Farmers and Ranchers Trade Association, National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition, Natural Resources Defense Council Inc, North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund Inc, Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers re #13 MOTION for Preliminary Injunction . (Attachments: #1 Ex A-Declaration of Alfonso A. Abeyta, #2 Ex B-Declaration of Nathaniel Bradford, #3 Ex C-Declaration of Leroy Brinkley, Jr., #4 Ex D-Declaration of Henry Brown, #5 Ex E-Declaration of Jane Doe, #6 Ex F-Declaration of George McNary III, #7 Ex G-Statement of Cassandra P., #8 Ex H-Statement of Rural Coalition, #9 Ex I-Declaration of Mykia Xiong)(Stokes-Hough, Keisha) Modified on 6/23/2021 (tlf). |
| Filing 41 Unopposed MOTION for Leave to File Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), California FarmLink, Community Farm Alliance (CFA), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Family Farm Coalition (NFFC), National Latino Famers and Ranchers Trade Association (NLFRTA), National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition (Young Farmers), Natural Resources Defense Council, Inc. (NRDC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers. (Stokes-Hough, Keisha) |
| Filing 40 NOTICE of Appearance by Alexandra M Jordan on behalf of American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), California FarmLink, Community Farm Alliance (CFA), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, Intertribal Agriculture Council (IAC), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Family Farm Coalition (NFFC), National Latino Famers and Ranchers Trade Association (NLFRTA), National Sustainable Agriculture Coalition (NSAC), National Young Farmers Coalition (Young Farmers), Natural Resources Defense Council, Inc. (NRDC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Rural Advancement Foundation International-USA (RAFI-USA), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), Rural Coalition, Steward Holdings, Inc. (US), Texas Coalition of Rural Landowners, Woman, Food & Agriculture Network (WFAN), World Farmers. Attorney(s) appearing: Alexandra M. Jordan (Jordan, Alexandra) |
| Filing 39 NOTICE of Appearance by Keisha Stokes-Hough on behalf of Rural Coalition, Intertribal Agriculture Council (IAC), North Carolina Association of Black Lawyers Land Loss Prevention Project (LLPP), Natural Resources Defense Council, Inc. (NRDC), Rural Advancement Fund of the National Sharecroppers Fund, Inc. (RAF), National Latino Famers and Ranchers Trade Association (NLFRTA), American Indian Mothers, Inc. (AIMI), Arkansas Land and Farm Development Corporation (ALFDC), Cottage House, Inc. (CHI), Family Farm Defenders (FFD), Kansas Black Farmers Association (KBFA), Land Stewardship Project (LSP), National Young Farmers Coalition (Young Farmers), Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Texas Coalition of Rural Landowners, World Farmers, Farm Aid, HEAL (Health, Environment, Agriculture, Labor) Food Alliance, National Family Farm Coalition (NFFC), Rural Advancement Foundation International-USA (RAFI-USA), National Sustainable Agriculture Coalition (NSAC), California FarmLink, Community Farm Alliance (CFA), Woman, Food & Agriculture Network (WFAN), Steward Holdings, Inc. (US). Attorney(s) appearing: Keisha Stokes-Hough (Attachments: #1 Disclosure Statement of Amici Curiae The Rural Coalition, The Intertribal Agriculture Council, North Carolina Association of Black Lawyers Land Loss Prevention Project, and 23 Additional Farming Advocacy Organizations)(Stokes-Hough, Keisha) |
| Filing 38 MOTION to Intervene by Lee Perry. (tlf) |
| Filing 37 AMICUS BRIEF filed by Association of American Indian Farmers, National Black Farmers Association. (Attachments: #1 Ex 1 - Declaration of John Boyd, Jr, #2 Ex 2 - Declaration of Kara Boyd, #3 Ex 3 - Declaration of Ivan Isidore Williams, #4 Ex 4 - Declaration of Shade Marshall Lewis)(tlf) |
Filing 36
TEXT ONLY ORDER GRANTING #24 Unopposed MOTION to file amicus brief in opposition to Plaintiffs' motion for preliminary injunction, filed by Association of American Indian Farmers and National Black Farmers Association, signed by Judge William C Griesbach on 06/21/2021. The Clerk is directed to detach and e-file the amicus brief (Dkt. No. 24-5) as well as the supporting declarations (Dkt. No. 24-1, 24-2, 24-3 & 24-4). (cc: all counsel)(Griesbach, William)
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| NOTICE of Electronic Filing Error re #35 Response to Motion. All attachments to documents should include a brief description of the attachment - Ex A - Initial Contract, Ex B - Doe Deposition, Ex C - 2006 Sales Figures, etc. This document does not need to be refiled.; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf) |
| Filing 35 RESPONSE to Motion filed by All Defendants re #13 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A)(Newton, Emily) |
| Filing 34 MOTION to Intervene Conditionally and MEMORANDUM IN SUPPORT by Association of American Indian Farmers, National Black Farmers Association. (Attachments: #1 J. Boyd Declaration, #2 K. Boyd Declaration, #3 Williams Declaration, #4 Lewis Declaration, #5 Proposed Answer)(Muraskin, David) Modified on 6/21/2021 (tlf). |
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Filing 33
TEXT ONLY ORDER GRANTING #27 Motion for Leave to File Response Brief in Excess of 30 Pages, filed by Zach Ducheneaux and Thomas J Vilsack, signed by Judge William C Griesbach on 06/15/2021. Defendants' brief in response to Plaintiffs' motion for preliminary injunction shall not exceed 40 pages. Plaintiffs' time to file a reply brief is extended to June 23, 2021, and the reply brief shall not exceed 20 pages. (cc: all counsel)(Griesbach, william)
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| Filing 32 NOTICE of Appearance by David S Muraskin on behalf of National Black Farmers Association. Attorney(s) appearing: David S. Muraskin (Muraskin, David) |
| Filing 31 NOTICE of Appearance by David S Muraskin on behalf of Association of American Indian Farmers. Attorney(s) appearing: David S. Muraskin (Muraskin, David) |
| Filing 30 NOTICE of Appearance by Jessica L Culpepper on behalf of National Black Farmers Association. Attorney(s) appearing: Jessica L. Culpepper (Culpepper, Jessica) |
| Filing 29 NOTICE of Appearance by Jessica L Culpepper on behalf of Association of American Indian Farmers. Attorney(s) appearing: Jessica L. Culpepper (Culpepper, Jessica) |
| Filing 28 RESPONSE to Motion filed by All Plaintiffs re #27 MOTION for Leave to File Response Brief in Excess of 30 Pages . (Lennington, Daniel) |
| Filing 27 MOTION for Leave to File Response Brief in Excess of 30 Pages by All Defendants. (Attachments: #1 Text of Proposed Order)(Snow, Kyla) |
| Filing 26 DISCLOSURE Statement by Association of American Indian Farmers. (Chen, Randolph) |
| Filing 25 DISCLOSURE Statement by National Black Farmers Association. (Chen, Randolph) |
| Filing 24 Unopposed MOTION to File Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Association of American Indian Farmers, National Black Farmers Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Chen, Randolph) (Additional attachment(s) added on 6/16/2021: #5 Proposed Amicus Brief) (tlf). |
| Filing 23 NOTICE of Appearance by Randolph Chen on behalf of Association of American Indian Farmers. Attorney(s) appearing: Randolph T. Chen (Chen, Randolph) |
| Filing 22 NOTICE of Appearance by Randolph Chen on behalf of National Black Farmers Association. Attorney(s) appearing: Randolph T. Chen (Chen, Randolph) |
|
Filing 21
ORDER signed by Judge William C Griesbach on 6/10/2021 granting Plaintiffs' #12 Motion for Temporary restraining order. Defendants are enjoined from forgiving any loans pursuant to Section 1005 until the Court rules on Plaintiffs' motion for preliminary injunction. (cc: all counsel)(Griesbach, William) (lh).
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Filing 20
ORDER signed by Judge William C Griesbach on 6/10/2021 denying Cory Lea's #6 Motion for joinder. (cc: all counsel and via US Mail to Cory Lea)(Griesbach, William)
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| Filing 19 REPLY BRIEF in Support filed by All Plaintiffs re #12 MOTION for Temporary Restraining Order . (Lennington, Daniel) |
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Filing 18
TEXT ONLY ORDER The Court will consider any reply brief in support of #12 MOTION for temporary restraining order filed on or before June 10, 2021, signed by Judge William C Griesbach on 06/09/2021. (cc: all counsel)(Griesbach, William)
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| Filing 17 RESPONSE to Motion filed by All Defendants re #12 MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit A - Government's PI Opposition in Wynn v. Vilsack, #2 Exhibit B - Cobb Declaration)(Newton, Emily) |
| Filing 16 Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/4/2021. Brief in opposition to #13 Motion for preliminary injunction due 6/18/2021, reply to be filed over the weekend. The government may file a response to the #12 Motion for temporary restraining order by 6/8/2021. (Tape #060421) (lh) |
| Filing 15 NOTICE of Appearance by Kyla Snow on behalf of All Defendants. Attorney(s) appearing: Kyla Marie Snow (Snow, Kyla) |
| NOTICE by the Court. The Telephone Conference scheduled for TODAY, 6/4/2021 at 3:30 pm has been CONVERTED to an ATT Conference Call. Instructions as follows: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. (lh) |
| Filing 14 BRIEF in Support filed by All Plaintiffs re #13 MOTION for Preliminary Injunction , #12 MOTION for Temporary Restraining Order . (Attachments: #1 Ex 1 FAUST, #2 Ex 2 BAIRD, #3 Ex 3 SLABA, #4 Ex 4 STEVENS, #5 Ex 5 SCHMITZ, #6 Ex 6 ASH, #7 Ex 7 BOHNENCAMP, #8 Ex 8 WATKINS, #9 Ex 9 BANDUCCI, #10 Ex 10 SHIELDS)(Lennington, Daniel) |
| Filing 13 MOTION for Preliminary Injunction by All Plaintiffs. (Lennington, Daniel) |
| Filing 12 MOTION for Temporary Restraining Order by All Plaintiffs. (Lennington, Daniel) |
| NOTICE of Hearing on #12 MOTION for Temporary Restraining Order: Telephone conference set for 6/4/2021 03:30 PM before Judge William C Griesbach regarding the procedure for addressing this motion. The court will initiate the call and the parties have provided their telephone numbers for the conference. Any change in telephone contact information should be provided to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(tlf) |
| Filing 11 NOTICE of Appearance by Emily Sue Newton on behalf of All Defendants. Attorney(s) appearing: Emily Sue Newton (Newton, Emily) |
| Filing 10 NOTICE of Appearance by Christian R Larsen on behalf of All Defendants. Attorney(s) appearing: Chris R. Larsen (Larsen, Christian) |
| Filing 9 RESPONSE to Motion filed by All Defendants re #6 MOTION for Joinder . (Attachments: #1 Exhibit A - Report and Recommendation)(Newton, Emily) Modified exhibit text on 5/26/2021 (lh). |
| Filing 8 RESPONSE to Motion filed by All Plaintiffs re #6 MOTION for Joinder . (Attachments: #1 Certificate of Service)(Spitz, Katherine) |
| Filing 7 AMENDED COMPLAINT against All Defendants adding parties James C Ash, Lori J Watkins, Teena J Banducci, Christopher D Bohnenkamp, Theodore G Shields, Cheryl J Ash, and Brandon D Banducci.(Lennington, Daniel) Modified on 5/20/2021 (tlf). |
| Filing 6 MOTION for Joinder as a Plaintiff and CROSSCLAIM against Plaintiffs Faust, Baird, Stevens, Slaba and Schmitz by Corey Lea. (tlf) |
| Filing 5 DISCLOSURE Statement by All Plaintiffs. (Lennington, Daniel) |
| Filing 4 NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Katherine D. Spitz (Lennington, Daniel) |
| Filing 3 NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Luke N. Berg (Lennington, Daniel) |
| Filing 2 NOTICE of Appearance by Daniel P Lennington on behalf of All Plaintiffs. Attorney(s) appearing: Richard M. Esenberg (Lennington, Daniel) |
| Filing 1 COMPLAINT against All Defendants by Jay T. Slaba, Adam P. Faust, Jon Stevens, Christopher C. Baird, Joseph W. Schmitz. ( Filing Fee PAID $402 receipt number AWIEDC-3805205) (Attachments: #1 Summons Summons Vilsack, #2 Summons Summons Ducheneaux, #3 Civil Cover Sheet Civil Cover Sheet)(Lennington, Daniel) |
| NOTICE Regarding assignment of this matter to Judge William C Griesbach; Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl) |
| Summons Issued as to Zack Duchaneaux and Thomas J Vilsack. (tlf) |
| NOTICE of Electronic Filing Error re #1 Complaint. The description of the attachments contains duplicate text. In the future, when attaching documents to the main document you may select a description from the category drop-down list but then you should not repeat that word in the description text box. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf) |
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