Current Status of Love v. Vilsack

In July 2003, the Court granted the plaintiffs’ motion to file an amended complaint. In January 2004, the plaintiffs in the Love v. Vilsack litigation filed a motion for class certification for two of the three proposed subclasses. The USDA submitted an opposition brief in April 2004, and plaintiffs filed a reply brief in May 2004.

The Court issued its decision denying class certification on September 29, 2004. On October 14, 2004, the plaintiffs submitted a petition for permission to appeal the district court’s decision.

On December 16, 2004, the U.S. Court of Appeals for the District of Columbia, issued an order granting the Plaintiffs' petition for permission to take an interlocutory appeal. Case Numbers 04-5449 (formerly 04-8010).

On December 17, 2004, the Plaintiffs also filed a petition for permission to take an interlocutory appeal relating to the district court’s dismissal of Plaintiffs’ Administrative Procedures Act (“APA) and/or the Equal Credit Opportunity Act (“ECOA”) claims.

On February 23, 2005, the U.S. Court of Appeals issued an order granting the petition for permission to appeal on this basis as well. Case Number 05-5002 (formerly 04-8011). The Court has since consolidated the two appeals, under Case Number 04-5449.

On appeal before the D.C. Circuit, the parties completed the submission of briefs in November 2005, and the oral argument was held on February 6, 2005 at 9:30 a.m. before a three-judge panel, including Judge Sentelle, Judge LeCraft Henderson and Judge Edwards.

On March 3, 2006, the D.C. Circuit issued a decision affirming in part and remanding in part the District Court’s decisions. The D.C. Circuit affirmed the District Court’s denial of class certification and the dismissal of a claim for failure to investigate complaints of discrimination. At the same time, the D.C. Circuit remanded the plaintiffs’ claim brought under the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (“APA”) to the District Court for further briefing by the parties.

Back before the District Court, the parties submitted briefs relating to Plaintiffs' APA claims. On April 19, 2007, the District Court heard oral argument regarding the APA claims. Thereafter, Plaintiffs submitted supplemental memoranda regarding their APA claims. On November 30, 2007, the District Court dismissed Plaintiffs’ APA claims, a ruling which Plaintiffs appealed.

On December 14, 2007, Plaintiffs filed a motion to amend and certify for interlocutory review the District Court’s dismissal order. The District Court granted Plaintiffs’ motion, and Plaintiffs sought permission from the D.C. Circuit Court of Appeals to proceed with the appeal. In the meantime, the District Court has continued to stay proceedings in the case. On April 18, 2008, the D.C. Circuit granted Plaintiff’s appeal request. The parties submitted appeal briefs in the fall of 2008. Oral argument was held on January 9, 2009 before a three-judge panel of the D.C. Circuit Court of Appeals. On April 24, 2009, the D.C. Circuit to issue a decision affirming the District Court's dismissal order. Plaintiffs submitted a petition for rehearing en banc of this decision, which the D.C. Circuit denied. On September 15, 2009, we filed a petition for writ of certiorari with the U.S. Supreme Court. The Supreme Court denied the petition on January 19, 2010.

At the status conference held on February 10, 2010, the District Court continued the stay of the case pending discussions of the parties.

Detailed description of the Women Farmers litigation