![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
United States District Court for the District of Columbia
November 1, 2022, Decided; November 1, 2022, Filed
Civil Action No.: 22-1258 (RC)
Re Document Nos.: 9, 22, 25, 26, 32, 36, 110, 113, 115
Granting Defendants' Motions to Dismiss; [*4] Denying Association Defendants' Motion to Strike; Denying Plaintiffs' Motions for Temporary Restraining Order; Denying Plaintiffs' Motion for Partial Summary Judgment; Denying Plaintiffs' Motion for Further Relief; Denying Plaintiffs' Motions to Compel; Denying Plaintiffs' Motion for Evidentiary Hearing; Denying Movants' Motions to Intervene
Plaintiffs Cowtown Foundation, Inc. ("Cowtown") and Andrew Douglas on behalf of the Estate of Ed and Odell Douglas ("Douglas Estate") bring this action for declaratory and injunctive relief based on alleged discrimination by the U.S. Department of Agriculture ("USDA") in administering financial assistance programs and a consent decree. Cowtown's complaint, over the course of 145 somewhat scattered paragraphs, makes seven claims against USDA and Thomas J. Vilsack, in his role as Secretary of Agriculture (collectively, "Federal Defendants") for violations of the Equal Protection Clause. It also makes one claim for violation of the Equal Protection Clause against the Independent Community Bankers of America, the American Bankers Association, and the National Rural Lenders Association (collectively, "Association Defendants").
Association Defendants jointly moved to dismiss the complaint [*5] for failure to state a claim, Fed. R. Civ. P. 12(b)(6), on June 8, 2022. Cowtown submitted an untimely opposition on June 28, 2022, to which Association Defendants replied on July 5, 2022. Cowtown then proceeded to file several motions: a motion for a temporary restraining order on August 12, 2022, a submission styled as a "Motion for Further Relief FRCP 57 Complaint for Direct, Indirect and Consequential Damages" on August 17, 2022, a motion for partial summary judgment on August 18, 2022, and two submissions styled as motions to compel on October 5, 2022 and October 10, 2022. Association Defendants opposed the motion for a temporary restraining order on August 19, 2022 and moved to strike the motions for further relief and partial summary judgment on August 31, 2022. On September 9, 2022, Federal Defendants filed a motion to dismiss for lack of jurisdiction, Fed. R. Civ. P. 12(b)(1), and failure to state a claim, Fed. R. Civ. P. 12(b)(6), together with its opposition to Cowtown's motion for a temporary restraining order and motions for further relief and partial summary judgement. Beginning on September 19, 2022, the Court also began receiving hundreds of letters styled as motions to intervene as plaintiffs. Finally, on October 24, 2022, Cowtown filed [*6] a motion for an evidentiary hearing, followed by another motion for a temporary restraining order the next day.
For the reasons stated below, Association Defendants' and Federal Defendants' motions to dismiss are granted, and Plaintiffs' motions and the motions to intervene are denied as moot.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 198837 *; __ F.Supp.3d __; 2022 WL 16571189
COWTOWN FOUNDATION, INC., et. al, Plaintiffs, v. U.S. DEPARTMENT OF AGRICULTURE, et. al, Defendants.
Plaintiffs', farmers, motion to dismiss, allegations, consent decree, motions, temporary restraining order, moot, partial summary judgment, factual allegations, motion to intervene, disadvantaged, Agriculture, loans, subject matter jurisdiction, evidentiary hearing, motion to compel, lack standing, American Rescue Plan Act, administering, concrete, untimely, cleaned, merits
Evidence, Judicial Notice, Adjudicative Facts, Judicial Records, Governments, Courts, Court Records, Public Records, Civil Procedure, Justiciability, Standing, Burdens of Proof, Constitutional Law, Case or Controversy, Elements, Burdens of Proof, Allocation, Injury in Fact, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Inferences & Presumptions, Inferences, Pleadings, Complaints, Requirements for Complaint, Pleading & Practice, Motion Practice, Content & Form, Judgments, Preclusion of Judgments, Res Judicata, Amendment of Pleadings, Leave of Court, Third Party Standing, Authority to Adjudicate, Declaratory Judgments, Federal Declaratory Judgments, Scope of Declaratory Judgments, State Declaratory Judgments