Current Status of Love v. Johanns

In July 2003, the Court granted the plaintiffs’ motion to file an amended complaint. In January 2004, the plaintiffs in the Love v. Johanns 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.

Now back before the District Court, Plaintiffs have submitted a brief in support of their APA claims. The government’s responsive pleading is due in early August, and Plaintiffs’ reply brief was submitted September 8, 2006. On April 19, 2007, the Court heard oral argument regarding the APA claims. Thereafter, on May 3, 2007, Plaintiffs submitted a supplemental memorandum regarding their APA claims. Plaintiffs are awaiting a decision from the District Court. At the request of the Court, Plaintiffs submitted a second supplemental memorandum regarding their APA claims on September 18, 2007.

On November 30, 2007, the District Court dismissed Plaintiffs’ APA claims, a ruling which Plaintiffs are seeking to appeal. 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 are now seeking 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. A briefing schedule has not yet been issued by the Court.

Check back for future updates on the status of the Women Farmers Litigation.

Detailed description of the Women Farmers litigation