Case: In re Black Farmers' Discrimination Litigation ("Pigford II")

1:08-mc-00511 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 7, 2008

Case Ongoing

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Case Summary

On April 14, 1999, a consent decree was approved in Pigford v. Glickman, involving a class of thousands of Black farmers who had sued the U.S. Department of Agriculture over racially discriminatory farm loan denials. 185 F.R.D. 82 (D.D.C. 1999). In the settlement, two "claim tracks" were created: Track A, which had a lower standard of proof of discrimination (paying up to $50,000 for credit claims and $3,000 for non-credit claims), and Track B, which required a preponderance of the evidence (pa…

On April 14, 1999, a consent decree was approved in Pigford v. Glickman, involving a class of thousands of Black farmers who had sued the U.S. Department of Agriculture over racially discriminatory farm loan denials. 185 F.R.D. 82 (D.D.C. 1999). In the settlement, two "claim tracks" were created: Track A, which had a lower standard of proof of discrimination (paying up to $50,000 for credit claims and $3,000 for non-credit claims), and Track B, which required a preponderance of the evidence (paying up to $250,000). The deadline for claims under this settlement was October 12, 1999. The consent decree allowed claimants who could show "extraordinary circumstances" for missing the October 12 deadline to file at a later date, until the final deadline of September 15, 2000. In total 61,000 claims were brought late, but fewer than 3,000 were adjudicated based on the merits.

On May 22, 2008, the Food, Conservation and Energy Act (a/k/a "2008 Farm Bill") was enacted, providing claimants a right to pursue discrimination claims if they had petitioned to participate but did not get their petitions considered on the merits because they were filed late. Pub. L. 110-234, 122 Stat. 923. Section 14012 of the bill created a completely new cause of action for these "late-filers," which could be brought in the U.S. District Court for the District of Columbia. Subsequently, a large number of suits were filed under this new cause of action.

On August 8, 2008, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia consolidated 17 cases resulting from Section 14012 that were currently pending in the district court: Agee v. Schafer (C.A.. No. 08-0882); Kimbrough v. Schafer (08-0901); Adams v. Schafer (08-0919); National Black Farmers Association v. Schafer (08-0940); Bennet v. Schafer (08-0962); McKinney v. Schafer (08-1062); Bolton v. Schafer (08-1070); Copland v. Vilsack (08-1188); Hampton v. Schafer (08-1381); Robinson v. Schafer (08-1513); James v. Schafer (08-2220); Beckley v. Vilsack (09-1019); Sanders v. Vilsack (09-1318); Russell v. Vilsack (09-1323); Bridgeforth v. Vilsack (09-1401); Allen v. Vilsack (09-1422); and Anderson v. Vilsack (09-1507). All together, these matters were captioned In re Black Farmers' Litigation, and given the docket number 08-mc-0511. (This matter is typically referred to as Pigford II.)

On November 14, 2008, the plaintiffs filed an amended complaint, including a request to certify a putative class of "All individuals: (1) who submitted late-filing requests under section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008; but (2) who have not obtained a determination on the merits of their discrimination complaints, as defined by Section 1(h) of the Consent Decree."

On February 18, 2010, the parties came to a settlement agreement, which was submitted to the court. The settlement agreement created a class with the description language from the amended complaint (see above). This settlement maintained the two tracks of claims, established "neutrals" who were assigned to adjudicate the settlement claims, and created an ombudsman position, which was to act as the liaison between the claimants and the court. In return for the re-evaluation of late-filing claims, the plaintiffs agreed to move for dismissal of all pending consolidated cases with prejudice, to be effective upon the court's final approval. After the execution of the initial form of the settlement agreement, six additional complaints were filed and consolidated with this case: Edwards v. Vilsack (10-0456); Latham v. Vilsack (10-0737); Andrews v. Vilsack (10-0801); Sanders v. Vilsack (10-1053); Johnson v. Vilsack (10-0839); and Abney v. Vilsack (10-1026).

On December 8, 2010, Congress passed the "Claims Resolution Act," which appropriated $1.15 billion to fund this settlement agreement. Pub. L. No. 111-291, §201, 124 Stat. 3064, 3070 (2010). On February 11, 2011, Judge Friedman approved this settlement agreement. The order fixed the claim period between November 14, 2011, and May 11, 2012.

On March 30, 2011, the plaintiffs filed an unopposed motion for certification of the settlement class, described above. Judge Friedman approved certified the settlement class on May 13, 2011. On October 27, 2011, Judge Friedman approved the final proposed class settlement. 820 F. Supp. 2d 78 (D.D.C. 2011).

On November 15, 2011, one of the plaintiffs in the consolidated case, the Black Farmers and Agriculturalist Association (BFAA), moved for reconsideration of the settlement approval. The BFAA argued that the settlement should not have been approved because it unfairly prevented plaintiffs from pursuing substantive relief under the Section 741 of the 1999 Farm Bill. This motion was denied on January 13, 2012, by Judge Friedman. 2012 WL 8007271 (D.D.C. 2012). The BFAA and another class member, Charlie Latham, appealed this denial to the U.S. Court of Appeals for the District of Columbia Circuit. On July 25, 2012, the Court of Appeals, in a per curiam order, denied the reconsideration appeal for the BFAA because the BFAA is not an "individual" under the class settlement, thereby not a part of the settlement. In the same order, the Court of Appeals also denied Latham's appeal because he had already received a determination on his Pigford claim. On February 26, 2013, the Supreme Court of the United States denied BFAA and Latham's petition for a writ of certiorari.

On February 6, 2012, Stephen Carpenter was appointed the independent ombudsman per the settlement agreement. 842 F. Supp. 2d 190 (D.D.C. 2012).

On May 11, 2012, the claim process ended. The parties in this case moved on August 17, 2012 to alter the settlement to provide relief for claimants who missed the deadline for certain circumstances. On September 14, 2012, Judge Friedman approved this alteration of the settlement, which allowed claimants who made a claim before the May 11 deadline and made a prima facie showing of class membership but was not sent a claim form before May 1, 2012 to have their claim considered "timely" if resubmitted within 30 days of the approved alteration.

On May 24, 2013, the plaintiff filed a motion to further modify the settlement agreement to allow certain claims previously denied as “incomplete” to be considered for adjudication on the merits. There are potentially 384 claims under the subject of this motion. On June 21, 2013, Judge Friedman denied this motion.

Judge Friedman granted many more motions to amend the settlement agreement on the following dates: August 27, 2013, April 7, 2014, September 17, 2014, August 31, 2016, March 28, 2017.

As of August 2020, the court is still reviewing invoices submitted by the Ombudsman’s office; the case is ongoing.

Summary Authors

Dan Osher (6/19/2013)

Sichun Liu (5/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4210284/parties/in-re-black-farmers-discrimination-litigation/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Expert/Monitor/Master/Other

BARRIS, HENRY (District of Columbia)

BATES, THEODORE B. (District of Columbia)

BATES, ADA C. (District of Columbia)

BATES, KERRY F. (District of Columbia)

BATES, AVA L. (District of Columbia)

Judge(s)

Friedman, Paul L. (District of Columbia)

Garland, Merrick B. (District of Columbia)

Kollar-Kotelly, Colleen (District of Columbia)

Leon, Richard J. (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorney for Plaintiff

Bell, David E. (District of Columbia)

Boutwell, Marc (Mississippi)

Bross, William L IV (Alabama)

Calton, Walter B. (Alabama)

Chew, Benjamin G (District of Columbia)

Colfax, Reed N. (District of Columbia)

Cooley, Diane Elizabeth (District of Columbia)

Cross, Othello C. (Arkansas)

Douglas, Gayle L (Alabama)

Edwards, Charles (Mississippi)

England-Albright, April A. (Alabama)

Espy, Mike (Mississippi)

Espy, Alphonso Michael (District of Columbia)

Esquire, Precious T.

Esquire, Andrew Harold

Esquire, Laurel Pyke

Farrin, James Scott (North Carolina)

Fraas, Philip L (District of Columbia)

Francis, Gregario (Florida)

Garrison, William Lewis (Alabama)

Gleason, Don O (Mississippi)

Gowan, Stephen (Mississippi)

Haase, Eric P (North Carolina)

Hilliard, Robert C (Texas)

Kearney, Jesse L (Arkansas)

Klar, Jennifer I. (District of Columbia)

Lewis, Timothy K. (Pennsylvania)

Lieberman, Michael Wyld (District of Columbia)

Malson, Laurel Pyke (District of Columbia)

Mason, Gary E. (District of Columbia)

McEachin, Aston Donald (Virginia)

McHenry, Michael (Mississippi)

Merenstein, Bruce P (Pennsylvania)

Meyer, J. Andrew (Florida)

Millrood, Tobias L (Pennsylvania)

Pacella, Mario A (South Carolina)

Phelan, Brian P (District of Columbia)

Pogust, Harris L (Pennsylvania)

Quillet, Ramona (District of Columbia)

Relman, John Peter (District of Columbia)

Riveira, Ashley R (District of Columbia)

Rutland, Michael A (Alabama)

Sanders, Rose M. (District of Columbia)

Sanders, Kindaka J. (District of Columbia)

Sanders, Harry (Alabama)

Sanders, Henry (District of Columbia)

Sellers, Bakari (South Carolina)

Silver, David C (Florida)

Strom, Joseph P (South Carolina)

Varma, Anurag (District of Columbia)

Wellington, Ralph G (Pennsylvania)

Wick, Amanda Schlager (District of Columbia)

Wilkey, Robert N (Pennsylvania)

Attorney for Defendant

Coles-Huff, Doris Denise (District of Columbia)

Contreras, Rudolph (District of Columbia)

Counsel, DOJ Appellate

Crowley, Megan Anne (District of Columbia)

Director, Marleigh D.

Harrison, Keith J. (District of Columbia)

Hines, Rachel J (District of Columbia)

Kuppersmith, Michael L. (District of Columbia)

Moore, Tamra (District of Columbia)

Phillips, Channing D (District of Columbia)

Risinger, Bradley M. (District of Columbia)

Robinson, Paul A Jr. (Tennessee)

Scarborough, Charles Wylie

Sitcov, Michael (District of Columbia)

Ulrich, Tamara Lynn (District of Columbia)

WALKER, ROBERT E. (District of Columbia)

West, Tony (District of Columbia)

WINGARD, LILLIE M. (District of Columbia)

Other

BARRIS, HENRY (District of Columbia)

BATES, THEODORE B. (District of Columbia)

BATES, ADA C. (District of Columbia)

BATES, KERRY F. (District of Columbia)

BATES, AVA L. (District of Columbia)

BATES, BRAD E. (District of Columbia)

BATES-ADAMS, KARLA K. (District of Columbia)

BATES-BEST, TERRIE L. (District of Columbia)

Brittenum, Dedrick Jr. (District of Columbia)

Carpenter, Stephen (Minnesota)

FOUTS, WILLA G. (District of Columbia)

FOUTS, JUSTIN G. (District of Columbia)

Frantz, David Joseph (District of Columbia)

Gaiser, Ronald Otto Jr. (Alabama)

GRAY, DORIS (District of Columbia)

HART, ERROL VON (District of Columbia)

JR, ARTIS MARK, (District of Columbia)

Marks, Andrew H (District of Columbia)

Martin, Precious Tyrone (Mississippi)

PIERRE, LEON (District of Columbia)

Pires, Alexander John Jr. (District of Columbia)

ROBBALAA, MUHAMMAD (District of Columbia)

Schulman, Adam (District of Columbia)

STEVENS, DIAHANN C. (District of Columbia)

Strauss, Jesse (New York)

Toure, Faya Rose (Alabama)

Waller, Alva Y (District of Columbia)

Weinstein, Scott William (Florida)

WOODARD, BOOKER T. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:08-mc-00511 1:12-cv-01893 11-05334 12-05019	Docket [PACER] In re Black Farmers' Discrimination Litigation	April 8, 2019	April 8, 2019 Docket
160 1:08-mc-00511	Memorandum Opinion and Order [Denying Certain Plaintiffs' Motion for a Temporary Restraining Order] In re Black Farmers' Discrimination Litigation	Feb. 11, 2001	Feb. 11, 2001 Order/Opinion
1 1:08-mc-00511	Order [Consolidating Cases for All Purposes] In re Black Farmers' Discrimination Litigation	Aug. 8, 2008	Aug. 8, 2008 Order/Opinion
19 1:08-mc-00511	Memorandum Opinion and Order In re Black Farmers' Discrimination Litigation	Nov. 7, 2008	Nov. 7, 2008 Order/Opinion 587 F.Supp.2d 23
24 1:08-mc-00511	Second Amended Complaint for Determination on the Merits and Damages Pursuant to § 14012 of the Food, Conservation and Energy Act of 2008 In re Black Farmers' Discrimination Litigation	Nov. 10, 2008	Nov. 10, 2008 Complaint
112 1:08-mc-00511	Order [Granting Defendant's Motion for Relief] In re Black Farmers' Discrimination Litigation	Nov. 12, 2009	Nov. 12, 2009 Order/Opinion
161 1:08-mc-00511	In re Black Farmers' Discrimination Litigation - Motion for Preliminary Approval of Settlement, Certification of a Rule 23(b)(1)(B) Settlement Class, and for other purposes [Settlement Attached] In re Black Farmers' Discrimination Litigation	March 30, 2011	March 30, 2011 Pleading / Motion / Brief
163 1:08-mc-00511	Amended Class Action Complaint to Determine Merits and Damages Pursuant to § 14012 of the Food, Conservation and Energy Act of 2008, as Amended In re Black Farmers' Discrimination Litigation	April 1, 2011	April 1, 2011 Complaint
170 1:08-mc-00511	In re Black Farmers' Discrimination Litigation - Notice of Amendment of Exhibits to Motion for Prelminary Approval of Settlement, Certification of a Rule 23(b)(1)(B) Settlement Class, and for Other Purposes In re Black Farmers' Discrimination Litigation	May 13, 2011	May 13, 2011 Pleading / Motion / Brief
170-2 1:08-mc-00511	In re Black Farmers Discrimination Litigation - Settlement Agreement In re Black Farmers Discrimination Litigation	May 13, 2011	May 13, 2011 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
The Pigford Cases: USDA Settlement of Discrimination Suits by Black Farmers Tadlock Cowen & Jody Feder	On April 14, 1999, Judge Paul L. Friedman of the U.S. District Court for the District of Columbia approved a settlement agreement and consent decree in Pigford v. Glickman, a class action discriminat…	Aug. 15, 2012	Aug. 15, 2012 http://nationalaglawcenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4210284/in-re-black-farmers-discrimination-litigation/

Last updated April 10, 2026, 4:58 a.m.

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ECF Number	Date	Description	Link
1	Aug. 8, 2008	ORDER consolidating cases for all purposes. Signed by Judge Paul L. Friedman on 8/8/08. (lcplf2) (Entered: 08/08/2008)	RECAP
2	Aug. 12, 2008	MOTION for Extension of Time to File Further Response to Proposed Case Management Order No. 1 by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 08/12/2008)	RECAP
3	Aug. 19, 2008	ORDER re management of newly-filed case Civil Action No. 08-1381. Signed by Judge Paul L. Friedman on August 15, 2008. (MA) (Entered: 08/19/2008)	RECAP
4	Aug. 19, 2008	ORDER that Civil Action No. 08-1381 is stayed in its entirety for a period of 90 days from June 27, 2008 for the purpose of settlement negotiations. Signed by Judge Paul L. Friedman on August 15, 2008. (MA) (Entered: 08/19/2008)	RECAP
5	Aug. 22, 2008	REPLY by The Morgan Group to Proposed CMO 1 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 08/22/2008)	RECAP
6	Aug. 22, 2008	MOTION for Order Entering the Modified Proposed Case Management Order No. 1 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Revised Proposed Case Management Order No. 1, # 2 Red-Line Comparison Between New Proposed CMO 1 and the Original Proposed CMO 1)(Malson, Laurel) (Entered: 08/22/2008)	RECAP
7	Sept. 2, 2008	REPLY to the Morgan Group's Comments to Proposed Case Management Order No. 1 filed by ALL PLAINTIFFS, BLACK FARMERS DISCRIMINATION LITIGATION. (Frantz, David) (Entered: 09/02/2008)	RECAP
8	Sept. 4, 2008	RESPONSE re 5 Reply to Document filed by the Morgan Group filed by EDWARD T. SCHAFER. (Moore, Tamra) (Entered: 09/04/2008)	RECAP
9	Sept. 5, 2008	Initial ORDER re Civil Action No. 08-1513. Signed by Judge Paul L. Friedman on September 5, 2008. (MA) (Entered: 09/05/2008)	RECAP
10	Sept. 5, 2008	ORDER that Civil Action No. 08-1513 is stayed in its entirety for a period of 90 days from June 27, 2008 (that is, until September 29, 2008) for the purpose of settlement negotiations. Signed by Judge Paul L. Friedman on September 5, 2008. (MA) (Entered: 09/05/2008)	RECAP
11	Sept. 5, 2008	REPLY re 8 Response to Document Morgan Group's Reply filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 09/05/2008)	RECAP
12	Sept. 8, 2008	STATUS REPORT by EDWARD T. SCHAFER, ALL PLAINTIFFS. (Malson, Laurel) (Entered: 09/08/2008)	RECAP
13	Oct. 16, 2008	Supplemental MOTION for Order Entering the Modified Proposed Case Management Order No. 1 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Proposed Case Management Order No. 1)(Malson, Laurel) (Entered: 10/16/2008)	RECAP
14	Oct. 20, 2008	REPLY to opposition to motion re 13 Supplemental MOTION for Order Entering the Modified Proposed Case Management Order No. 1 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 10/20/2008)	RECAP
15	Oct. 28, 2008	NOTICE of Service for Case No. 08-cv-940 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/28/2008)	RECAP
16	Oct. 28, 2008	NOTICE of Service for Case No. 08-cv-1062 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/28/2008)	RECAP
17	Oct. 29, 2008	NOTICE of Service for Case No. 08-cv-1381 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit of Service and Exhibits in Support)(Malson, Laurel) (Entered: 10/29/2008)	RECAP
18	Nov. 4, 2008	MOTION for Hearing and Immediate Status Conference by ALL PLAINTIFFS (Malson, Laurel) (Entered: 11/04/2008)	RECAP
19	Nov. 7, 2008	MEMORANDUM OPINION AND ORDER denying as moot Plaintiffs' Motion to Modify Proposed Case Management Order No. 1 and Memorandum in Support 6 ; denying Supplemental Motion of Certain Plaintiffs to Modify Proposed Case Management Order No. 1 13 ; granting Plaintiffs' Motion for Immediate Status Conference 18 . A status conference is hereby scheduled for November 14, 2008 at 10:00 a.m. Signed by Judge Paul L. Friedman on 11/7/08. (lcplf2)	RECAP
20	Nov. 10, 2008	MOTION for Leave to File Second Amended Complaint and Exhibit 1 Thereto by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order, # 2 Second Amended Complaint, # 3 Appendix A to the Second Amended Complaint, # 4 Appendix B to the Second Amended Complaint, # 5 Appendix C to the Second Amended Complaint)(Malson, Laurel) (Entered: 11/10/2008)	RECAP
21	Nov. 10, 2008	Memorandum in opposition to re 18 MOTION for Hearing and Immediate Status Conference and in Response to the Court's November 7, 2008 Opinion and Order filed by EDWARD T. SCHAFER. (Hines, Rachel) (Entered: 11/10/2008)	RECAP
22	Nov. 13, 2008	RESPONSE TO ORDER OF THE COURT re 19 Memorandum & Opinion, and Reply to Defendant's Response to Plaintiffs' Motion For Immediate Status Conference filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 11/13/2008)	RECAP
23	Nov. 14, 2008	NOTICE by EDWARD T. SCHAFER (Sitcov, Michael) (Entered: 11/14/2008)	RECAP
24	Nov. 14, 2008	AMENDED COMPLAINT against EDWARD T. SCHAFER filed by ALL PLAINTIFFS. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(td, ) (Entered: 11/17/2008)	RECAP
25	Nov. 17, 2008	MOTION for Order Entering Proposed CMO No. 1 Regarding Informational Website and Phone Bank by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 11/17/2008)	RECAP
26	Nov. 18, 2008	RESPONSE re 23 Notice (Other) of Defendant filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Frantz, David) (Entered: 11/18/2008)	RECAP
27	Nov. 18, 2008	Memorandum in opposition to re 25 MOTION for Order Entering Proposed CMO No. 1 Regarding Informational Website and Phone Bank filed by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/18/2008)	RECAP
28	Nov. 21, 2008	NOTICE of Change of Address by Phillip L. Fraas (Fraas, Phillip) (Entered: 11/21/2008)	RECAP
29	Nov. 25, 2008	NOTICE of Service for Cases 08-cv-0882 (PLF), 08-cv-0919 (PLF), 08-cv-0962 (PLF) and 08-cv-1070 (PLF) by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Affidavit Affidavit of Service and Exhibits in Support)(Pogust, Harris) (Entered: 11/25/2008)	RECAP
30	Dec. 9, 2008	ORDER re management of consolidated cases. Signed by Judge Paul L. Friedman on December 9, 2008. (MA) (Entered: 12/09/2008)	RECAP
31	Dec. 15, 2008	CASE MANAGEMENT ORDER NO. 1 Signed by Judge Paul L. Friedman on 12/15/2008. (mm) (Entered: 12/16/2008)	RECAP
32	Dec. 19, 2008	Consent MOTION for Protective Order Regarding "5(g) List" by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1 - Statement of Agreement to Conditions for Access to "5(g) List")(Malson, Laurel) (Entered: 12/19/2008)	RECAP
33	Dec. 23, 2008	ORDER lifting the stay in this case to permit the parties to submit briefs as to whether this Court should certify these consolidated cases as a limited fund class action. All other aspects of this case will remain stayed while the parties brief the class certification issue. Signed by Judge Paul L. Friedman on 12/23/2008. (lcplf2) (Entered: 12/23/2008)	RECAP
34	Dec. 23, 2008	PROTECTIVE ORDER regarding "5(g) list". Signed by Judge Paul L. Friedman on 12/23/2008. (mm) (Entered: 12/23/2008)	RECAP
35	Dec. 23, 2008	Consent MOTION for Leave to File Third Amended Complaint and Exhibit 1 Thereto by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order, # 2 Third Amended Complaint, # 3 Appendix A to the Third Amended Complaint, # 4 Appendix B to the Third Amended Complaint, # 5 Appendix C to the Third Amended Complaint, # 6 Appendix D to the Third Amended Complaint)(Malson, Laurel) (Entered: 12/23/2008)	RECAP
36	Dec. 29, 2008	ORDER granting 35 Certain Plaintiffs' Motion for Leave to File Third Amended Complaint. The Third Amended Complaint in Case No. 08-CV-1381 may be filed. Signed by Judge Paul L. Friedman on 12/29/2008. (mm) (Entered: 12/29/2008)	RECAP
37	Dec. 31, 2008	STIPULATION of Agreement to Conditions for use of "5(g) Information" by ALL PLAINTIFFS. (Kearney, Jesse) (Entered: 12/31/2008)	RECAP
38	Dec. 31, 2008	STIPULATION of Agreement to Conditions for Use of "5(g) Information" by ALL PLAINTIFFS. (Kearney, Jesse) (Entered: 12/31/2008)	RECAP
39	Jan. 5, 2009	STIPULATION re 34 Order Statement of Agreement to Conditions for Use of 5(g) Information by BLACK FARMERS DISCRIMINATION LITIGATION. (Weinstein, Scott) (Entered: 01/05/2009)	RECAP
40	Jan. 12, 2009	Unopposed MOTION for Leave to File Retainer and Website Information For In Camera Review by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 01/12/2009)	RECAP
41	Jan. 14, 2009	ORDER that Civil Action No. 08-2220 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511. Signed by Judge Paul L. Friedman on January 14, 2009. (MA) (Entered: 01/14/2009)	RECAP
42	Jan. 14, 2009	ORDER that Civil Action No. 08-2220 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. Signed by Judge Paul L. Friedman on January 14, 2009. (MA) (Entered: 01/14/2009)	RECAP
43	Jan. 16, 2009	ORDER granting 40 Plaintiffs' Unopposed Motion for Leave to Submit Retainer and Website Information for In Camera Review. Signed by Judge Paul L. Friedman on 1/15/2009. (mm) (Entered: 01/16/2009)	RECAP
44	Jan. 16, 2009	STATUS REPORT (Joint) by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Hines, Rachel) (Entered: 01/16/2009)	RECAP
45	Feb. 4, 2009	ORDER re briefing schedule. Signed by Judge Paul L. Friedman on February 3, 2009. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(MA) (Entered: 02/04/2009)	RECAP
46	Feb. 4, 2009	MOTION for Order Entering Proposed Case Management Order No. 2 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 02/04/2009)	RECAP
47	Feb. 5, 2009	NOTICE Of Objection and Intent to File Memorandum in Opposition by BLACK FARMERS DISCRIMINATION LITIGATION re (46 in 1:08-mc-00511-PLF) MOTION for Order Entering Proposed Case Management Order No. 2 Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 02/05/2009)	RECAP
48	Feb. 18, 2009	Memorandum in opposition to re 46 MOTION for Order Entering Proposed Case Management Order No. 2 filed by EDWARD T. SCHAFER. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 02/18/2009)	RECAP
49	Feb. 19, 2009	Memorandum in opposition to re (46 in 1:08-mc-00511-PLF) MOTION for Order Entering Proposed Case Management Order No. 2 and Motion For Court to Inquire into Use of "5(g)" List filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 02/19/2009)	RECAP
57	Feb. 19, 2009	MOTION for court to inquire into the consortium's use of "5(g) list by BLACK FARMERS DISCRIMINATION LITIGATION; (See Docket Entry no. 49 to view document) (td, ) (Entered: 03/06/2009)	RECAP
50	Feb. 20, 2009	NOTICE of Appearance by Tamara Lynn Ulrich on behalf of all defendants Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 02/20/2009)	RECAP
51	Feb. 20, 2009	WITHDRAWN PER MINUTE ORDER FILED 1/28/2010..... MOTION to Certify Class by EDWARD T. SCHAFER, ED SCHAFER (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) Modified on 9/2/2010 (zmm, ). (Entered: 02/20/2009)	RECAP
52	Feb. 20, 2009	ERRATA by EDWARD T. SCHAFER, ED SCHAFER (9 in 1:08-cv-02220-PLF) MOTION to Certify Class filed by ED SCHAFER, EDWARD T. SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 02/20/2009)	RECAP
53	March 2, 2009	Unopposed MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Order Entering Proposed Case Management Order No. 2 by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 03/02/2009)	RECAP
54	March 3, 2009	REPLY to opposition to motion re 46 MOTION for Order Entering Proposed Case Management Order No. 2 filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 03/03/2009)	RECAP
55	March 4, 2009	REPLY re (49 in 1:08-mc-00511-PLF, 7 in 1:08-cv-02220-PLF) Memorandum in Opposition, to "The Morgan Group's" Motion for Court to Inquire into the Use of the 5(G) List filed by ALL PLAINTIFFS. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Frantz, David) (Entered: 03/04/2009)	RECAP
56	March 5, 2009	ENTERED IN ERROR.....NOTICE by EDWARD T. SCHAFER re 49 Memorandum in Opposition, (Moore, Tamra) Modified on 3/6/2009 (td, ). (Entered: 03/05/2009)	RECAP
58	March 5, 2009	RESPONSE re 57, 49 MOTION for court to inquire into the consortium's use of "5(g) list filed by EDWARD T. SCHAFER. (td, ) (Entered: 03/06/2009)	RECAP
59	March 5, 2009	ORDER granting 53 Certain Plaintiffs' Motion for Extension of Time to File Reply to Defendant's Objection to Plaintiffs' Proposed Case Management Order No. 2. Ordered that Plaintiffs have until 3/3/2009 to file their reply. Signed by Judge Paul L. Friedman on 3/5/2009. (mm) (Entered: 03/06/2009)	RECAP
60	April 7, 2009	ENTERED IN ERROR.....NOTICE of Appearance by Scott William Weinstein on behalf of BLACK FARMERS DISCRIMINATION LITIGATION Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) Modified on 4/8/2009 (td, ). (Entered: 04/07/2009)	RECAP
61	April 13, 2009	Unopposed MOTION for Order Modifying the Class Certification Briefing Schedule by ALL PLAINTIFFS (Attachments: # 1 Text of Proposed Order)(Malson, Laurel) (Entered: 04/13/2009)	RECAP
62	April 13, 2009	NOTICE of Appearance by J A Meyer on behalf of ALL PLAINTIFFS (Meyer, J) (Entered: 04/13/2009)	RECAP
63	April 17, 2009	RESPONSE re (9 in 1:08-cv-02220-PLF, 51 in 1:08-mc-00511-PLF) MOTION to Certify Class by Morgan Group including Motion to Certify Class and Appoint Class Counsel and Class Representatives filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Declaration Exhibit A Declarations of Class Representatives)Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Weinstein, Scott) (Entered: 04/17/2009)	RECAP
64	April 17, 2009	Memorandum in opposition to re 51 MOTION to Certify Class filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Malson, Laurel) (Entered: 04/17/2009)	RECAP
65	May 20, 2009	REPLY to opposition to motion re (9 in 1:08-cv-02220-PLF, 51 in 1:08-mc-00511-PLF) MOTION to Certify Class filed by EDWARD T. SCHAFER, ED SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 05/20/2009)	RECAP
66	June 9, 2009	MOTION to Stay the Class Certification Proceedings by BLACK FARMERS DISCRIMINATION LITIGATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Malson, Laurel) (Entered: 06/09/2009)	RECAP
67	June 23, 2009	Memorandum in opposition to re 66 MOTION to Stay the Class Certification Proceedings filed by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order Denying Motion for Stay)(Meyer, J) (Entered: 06/23/2009)	RECAP
68	June 23, 2009	Memorandum in opposition to re (66 in 1:08-mc-00511-PLF) MOTION to Stay the Class Certification Proceedings filed by EDWARD T. SCHAFER, ED SCHAFER. Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Ulrich, Tamara) (Entered: 06/23/2009)	RECAP
69	July 6, 2009	WITHDRAWN PER MINUTE ORDER FILED 1/28/2010.....REPLY to opposition to motion re 66 MOTION to Stay the Class Certification Proceedings filed by BLACK FARMERS DISCRIMINATION LITIGATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Malson, Laurel) Modified on 1/29/2010 (zmm, ). (Entered: 07/06/2009)	RECAP
70	July 20, 2009	Memorandum in opposition to re 66 MOTION to Stay the Class Certification Proceedings and in opposition to request for relief contained in Reply Memorandum (Docket No. 69) filed by ALL PLAINTIFFS. (Meyer, J) (Entered: 07/20/2009)	RECAP
71	July 31, 2009	NOTICE of Appearance by Reed Colfax on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)	RECAP
72	July 31, 2009	NOTICE of Appearance by Reed Colfax on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)	RECAP
73	July 31, 2009	NOTICE of Appearance by Reed Colfax on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 07/31/2009)	RECAP
74	July 31, 2009	NOTICE of Appearance by Jennifer I. Klar on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)	RECAP
75	July 31, 2009	NOTICE of Appearance by Jennifer I. Klar on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)	RECAP
76	July 31, 2009	NOTICE of Appearance by Jennifer I. Klar on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 07/31/2009)	RECAP
77	July 31, 2009	NOTICE of Appearance by John Peter Relman on behalf of LINDA BURKES Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)	RECAP
78	July 31, 2009	NOTICE of Appearance by John Peter Relman on behalf of WALLACE GRAHAM Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)	RECAP
79	July 31, 2009	NOTICE of Appearance by John Peter Relman on behalf of BOBBIE PACE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 07/31/2009)	RECAP
80	Aug. 3, 2009	NOTICE of Appearance by Jennifer I. Klar on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Klar, Jennifer) (Entered: 08/03/2009)	RECAP
81	Aug. 3, 2009	NOTICE of Appearance by John Peter Relman on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Relman, John) (Entered: 08/03/2009)	RECAP
82	Aug. 3, 2009	NOTICE of Appearance by Reed Colfax on behalf of CHARLES E. LEE Associated Cases: 1:08-mc-00511-PLF, 1:08-cv-02220-PLF(Colfax, Reed) (Entered: 08/03/2009)	RECAP
83	Aug. 3, 2009	NOTICE of Appearance by Benjamin G. Chew on behalf of ALL PLAINTIFFS (Chew, Benjamin) (Entered: 08/03/2009)	RECAP
84	Aug. 3, 2009	NOTICE of Appearance by David C. Silver on behalf of ALL PLAINTIFFS (Silver, David) (Entered: 08/03/2009)	RECAP
85	Aug. 3, 2009	NOTICE of Appearance by Anurag Varma on behalf of ALL PLAINTIFFS (Varma, Anurag) (Entered: 08/03/2009)	RECAP
86	Aug. 4, 2009	ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1422 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 09-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01422-PLF(mm) (Entered: 08/05/2009)	RECAP
87	Aug. 4, 2009	ORDER: Civil Action No. 09-1422 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01422-PLF(mm) (Entered: 08/05/2009)	RECAP
88	Aug. 4, 2009	ORDER: Pursuant to 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1401 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01401-PLF(mm) (Entered: 08/05/2009)	RECAP
89	Aug. 4, 2009	ORDER: Ordered that Civil Action No. 09-1401 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01401-PLF(mm) (Entered: 08/05/2009)	RECAP
90	Aug. 4, 2009	ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1323 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01323-PLF(mm) (Entered: 08/05/2009)	RECAP
91	Aug. 4, 2009	ORDER: Civil Action No. 09-1323 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01323-PLF(mm) (Entered: 08/05/2009)	RECAP
92	Aug. 4, 2009	ORDER: Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, Civil Action No. 09-1019 is consolidated with and will be coordinated with all other cases consolidated under Misc. No. 08-0511, In re Black Farmers Discrimination Litigation. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01019-PLF(mm) (Entered: 08/05/2009)	RECAP
93	Aug. 4, 2009	ORDER: Civil Action No. 09-1019 is stayed to the same extent and for the same duration as the other cases consolidated under Misc. No. 08-0511. See Order for specifics. Signed by Judge Paul L. Friedman on 8/4/2009. Associated Cases: 1:08-mc-00511-PLF, 1:09-cv-01019-PLF(mm) (Entered: 08/05/2009)	RECAP
94	Aug. 6, 2009	NOTICE OF WITHDRAWAL OF APPEARANCE as to CHARLES E. LEE. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)	RECAP
95	Aug. 6, 2009	NOTICE OF WITHDRAWAL OF APPEARANCE as to BOBBIE PACE. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)	RECAP
96	Aug. 6, 2009	NOTICE OF WITHDRAWAL OF APPEARANCE as to WALLACE GRAHAM. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)	RECAP
97	Aug. 6, 2009	NOTICE OF WITHDRAWAL OF APPEARANCE as to LINDA BURKES. Attorney Harris L. Pogust terminated. (Pogust, Harris) (Entered: 08/06/2009)	RECAP
98	Aug. 6, 2009	NOTICE of Appearance by Rachel J. Hines on behalf of EDWARD T. SCHAFER (Hines, Rachel) (Entered: 08/06/2009)	RECAP
99	Aug. 6, 2009	STIPULATION of Agreement to Conditions for Use of 5(g) Information by ALL PLAINTIFFS. (Varma, Anurag) (Entered: 08/06/2009)	RECAP
100	Aug. 6, 2009	STIPULATION of Agreement to Conditions for Use of 5(g) Information by ALL PLAINTIFFS. (Chew, Benjamin) (Entered: 08/06/2009)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 7, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals: (1) who submitted late-filing requests under section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008; but (2) who have not obtained a determination on the merits of their discrimination complaints, as defined by Section 1(h) of the Consent Decree.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal

U.S. Department of Agriculture

Defendant Type(s):

Hospital/Health Department

Case Details

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of District of Columbia 1:08-mc-00511

District of District of Columbia 1:08-cv-00919

District of District of Columbia 1:08-cv-00901

District of District of Columbia 1:08-cv-00882

District of District of Columbia 1:08-cv-00962

District of District of Columbia 1:08-cv-00940

District of District of Columbia 1:08-cv-01062

District of District of Columbia 1:08-cv-01188

District of District of Columbia 1:08-cv-01070

District of District of Columbia 1:08-cv-01381

District of District of Columbia 1:08-cv-01513

District of District of Columbia 1:08-cv-02220

District of District of Columbia 1:09-cv-01019

District of District of Columbia 1:09-cv-01318

District of District of Columbia 1:09-cv-01323

District of District of Columbia 1:09-cv-01401

District of District of Columbia 1:09-cv-01422

District of District of Columbia 1:09-cv-01507

District of District of Columbia 1:10-cv-00737

District of District of Columbia 1:10-cv-00801

District of District of Columbia 1:10-cv-01053

District of District of Columbia 1:10-cv-00839

District of District of Columbia 1:10-cv-01026

District of District of Columbia 1:10-cv-00465

District of District of Columbia 1:12-cv-01893

District of District of Columbia 11-05334

District of District of Columbia 12-05019

U.S. Court of Appeals for the District of Columbia Circuit 11-05326

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Amount Defendant Pays: Up to $250,000

Order Duration: 2011 - 2012

Issues

Discrimination Area:

Disparate Treatment

Lending

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation

Case Summary of In re Black Farmers' Discrimination Litigation ("Pigford II"), Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12517/ (last updated 5/25/2019).

Case: In re Black Farmers' Discrimination Litigation ("Pigford II")

1:08-mc-00511 | U.S. District Court for the District of District of Columbia

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