Case: Nuest v. Vilsack

0:21-cv-01572 | U.S. District Court for the District of Minnesota

Filed Date: July 7, 2021

Closed Date: Sept. 19, 2022

Clearinghouse coding complete

Case Summary

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their…

This case is one of several lawsuits challenging the American Rescue Plan’s (ARP) classification of “socially disadvantaged groups.” Section 1005 of the ARP allows the U.S. Department of Agriculture (USDA) and the Farms Services Agency (FSA) to forgive previously given loans to farmers of “socially disadvantaged groups.” That category is defined elsewhere to mean people who have been "subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."

The plaintiffs, seven white farmers from Minnesota and North Dakota, filed this lawsuit in the United States District Court for the District of Minnesota on July 7, 2021. The case was assigned to District Judge Nancy E. Brasel. The plaintiffs alleged that Section 1005's categorization of socially disadvantaged groups prevented them from receiving a government benefit because of their race and thus was a racial classification that violated their Equal Protection rights. Represented by attorneys from the Upper Midwest Center, they asked the court for declaratory and injunctive relief, as well as attorneys' fees.

On August 24, 2021, at the request of the parties, Judge Brasel stayed this case pending the resolution of Miller v. Vilsack, another challenge to the same program being litigated in the Northern District of Texas. The parties were instructed to submit a joint status report within 90 days to determine whether the stay should remain in place. Both parties agreed that the stay should continue, and on November 23, 2021, the judge ordered that the stay would remain in effect. This process repeated three more times in 2022.

The plaintiffs filed a stipulation of dismissal without prejudice on September 13, 2022, after Section 1005 had been repealed. On September 19, 2022, Judge Brasel dismissed the case without prejudice. This case is now closed.

Summary Authors

Jonah Hudson-Erdman (11/14/2021)

Maddie Mitzner (3/1/2025)

Related Cases

Miller v. Vilsack, Northern District of Texas (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60044342/parties/nuest-v-vilsack/


Judge(s)

Brasel, Nancy Ellen (Minnesota)

Brisbois, Leo I. (Minnesota)

Attorney for Plaintiff

Dickey, James (Minnesota)

Attorney for Defendant

Brooker, Gregory G (Minnesota)

Feldon, Gary Daniel (District of Columbia)

Documents in the Clearinghouse

Documents in this case

0:21-cv-01572

Docket [PACER]

Aug. 24, 2021

Aug. 24, 2021

Docket
1

0:21-cv-01572

Complaint for Declaratory and Injunctive Relief

July 7, 2021

July 7, 2021

Complaint
19

0:21-cv-01572

Order

Aug. 24, 2021

Aug. 24, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60044342/nuest-v-vilsack/

Last updated April 9, 2026, 5:07 a.m.

ECF Number Date Description Link
1 July 7, 2021

COMPLAINT against All Defendants (filing fee $ 402, receipt number AMNDC-8867512) filed by Johnathan Quamme, Chad Walter, Samantha Quamme, Walter Brothers Family Farms LLC, Kaylyn Dalsted, Nuest Farms, Inc. d/b/a Nuest Partnership, Steve Nuest, Kevin Vetsch, Lynelle Vetsch. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Dickey, James) (Entered: 07/07/2021)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 July 7, 2021

NOTICE of Appearance by James V. F. Dickey on behalf of All Plaintiffs. (Dickey, James) (Entered: 07/07/2021)

RECAP
3 July 8, 2021

TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil 6th Master list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 21-cv-1572 NEB/LIB. (KDS) (Entered: 07/08/2021)

RECAP
4 July 8, 2021

Summons Issued as to Zach Ducheneaux, Thomas J. Vilsack. (KDS) (Entered: 07/08/2021)

RECAP
5 July 8, 2021

NOTICE of Appearance by Douglas P Seaton on behalf of All Plaintiffs. (Seaton, Douglas) (Entered: 07/08/2021)

RECAP
6 July 12, 2021

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Nuest Farms, Inc.. (Dickey, James) (Entered: 07/12/2021)

RECAP
7 July 12, 2021

RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Walter Brothers Family Farms LLC. (Dickey, James) (Entered: 07/12/2021)

RECAP
8 July 14, 2021

NOTICE of Appearance by Gregory G Brooker on behalf of Zach Ducheneaux, Thomas J. Vilsack. (Brooker, Gregory) (Entered: 07/14/2021)

RECAP
9 July 23, 2021

MOTION for Admission Pro Hac Vice for U.S. Government Attorney Gary D. Feldon filed by Zach Ducheneaux, Thomas J. Vilsack. (Brooker, Gregory) (Entered: 07/23/2021)

RECAP
10 July 23, 2021

NOTICE of Voluntary Dismissal by Kevin Vetsch, Lynelle Vetsch (Dickey, James) (Entered: 07/23/2021)

RECAP
11 July 26, 2021

NOTICE of Appearance by Gary Feldon on behalf of All Defendants. (Feldon, Gary) (Entered: 07/26/2021)

RECAP
12 July 26, 2021

TEXT ONLY ENTRY: ORDER granting 9 Motion for Admission Pro Hac Vice of U.S. Government Attorney Gary Feldon for Zach Ducheneaux and for Thomas J. Vilsack. Approved by Magistrate Judge Leo I. Brisbois on 7/26/2021. (JGK) (Entered: 07/26/2021)

RECAP
July 26, 2021

Order on Motion for Admission Pro Hac Vice of U.S. Government Attorney

13 July 29, 2021

STIPULATION re 1 Complaint, for Stay of Defendants' Response to the Complaint by Zach Ducheneaux, Thomas J. Vilsack. Jointly Signed by Steve Nuest, Kaylyn Dalsted, Chad Walter, Johnathan Quamme, Samantha Quamme, Nuest Farms, Inc., and Walter Brothers Family Farms LLC. (Brooker, Gregory) (Entered: 07/29/2021)

RECAP
14 July 29, 2021

PROPOSED ORDER TO JUDGE re 13 Stipulation,. (Brooker, Gregory) (Entered: 07/29/2021)

RECAP
15 July 29, 2021

ORDER on 13 Stipulation. No later than August 23, 2021, Defendants shall either a. File a motion to stay this case for so long as Plaintiffs remain members of a class in Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.), orb. File a response to the Complaint for Declaratory and Injunctive Relief; and If Defendants file a stay motion, and the Court denies it for any reason, the time for Defendants' response to the Complaint for Declaratory and Injunctive relief shall be stayed until two (2) weeks following the denial. Signed by Magistrate Judge Leo I. Brisbois on 7/29/2021.(JLB) (Entered: 07/29/2021)

RECAP
16 July 30, 2021

(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Kyla M. Snow, Michael F. Knapp as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at www.mnd.uscourts.gov/forms/all-forms. (CLK) (Entered: 07/30/2021)

RECAP
17 Aug. 23, 2021

STIPULATION re 15 Order on Stipulation,, by Zach Ducheneaux, Thomas J. Vilsack. Jointly Signed by Steve Nuest, Kaylyn Dalsted, Chad Walter, Kevin Vetsch, Johnathan Quamme, Lynelle Vetsch, Samantha Quamme, Nuest Farms, Inc., and Walter Bros. Family Farms LLC. (Feldon, Gary) (Entered: 08/23/2021)

RECAP
18 Aug. 23, 2021

PROPOSED ORDER TO JUDGE re 17 Stipulation,. (Feldon, Gary) (Entered: 08/23/2021)

RECAP
19 Aug. 24, 2021

ORDER - 1. The parties' Stipulation for Stay of Litigation [Docket No. 17 ] is GRANTED; 2. This matter is STAYED for so long as Plaintiffs remain members of certified classes in Miller v. Vilsack, 4:21-cv-595 (N.D. Tex.); and 3. The parties shall submit a joint status report, on CM/ECF, within 90 days of the date of this Order, and said joint status report shall address whether the parties believe the stay in this matter should remain in effect or should be lifted as to some or all of the claims. Signed by Magistrate Judge Leo I. Brisbois on 8/24/2021.(JLB) (Entered: 08/24/2021)

RECAP
21 Nov. 23, 2021

Order/Notice to Attorney

RECAP
23 Feb. 24, 2022

Order in Response to Letter/Request/E-mail

RECAP
26 May 27, 2022

Order for Party to File Document/Respond to Court

RECAP
29 Aug. 25, 2022

Order in Response to Letter/Request/E-mail

RECAP
33 Sept. 19, 2022

Order Dismissing Case

RECAP

Case Details

State / Territory:

Minnesota

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Biden Administration American Rescue Plan--minority benefits challenges

Key Dates

Filing Date: July 7, 2021

Closing Date: Sept. 19, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

White farmers from Minnesota and North Dakota

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Administrator

Secretary

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of Minnesota 0:21-cv-01572

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Affected Race(s):

White

Recommended Citation