Cowtown Found., Inc. v. United States Dep't of Agric.

Cowtown Found., Inc. v. United States Dep't of Agric.

Opinion

MEMORANDUM OPINION

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

I. INTRODUCTION

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.

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