IMPORTANT UPDATE (January 20, 2012): USDA filed an updated “Framework” document, which describes the administrative claims program USDA expects to offer women farmers. USDA also issued a press release on January 25, 2012. Those interested in the details of the program may review USDA’s Framework, which was filed as an exhibit to a status report in the Love case. The claims program will not begin until USDA has selected a claims administrator and announced a start date. After that, those who wish to file a claim will have 180 days to do so.

IMPORTANT UPDATE (February 25, 2011): USDA has announced today that it is launching a program for resolving women farmers and Hispanic farmers’ discrimination claims against the agency. We await additional information from USDA regarding the specifics of the program, but we anticipate that it will include USDA opening a “call center” for receiving names and contact information from potential claimants. (Click here for the USDA’s press announcement.) USDA then plans to disseminate the claims packages to the names it has gathered and to make the claims package publically available for others. Contacting the call center is strictly voluntary, and failure to do so will not prevent a woman farmer from being able to file a claim with USDA through its claim resolution process, or to pursue a claim through other means. The government has stated that the program will provide at least $1.33 billion in compensation and up to $160 million in farm debt relief to eligible women and Hispanic farmers, and that it will provide up to $50,000 for each woman farmer claimant who is successful in establishing that USDA discriminatorily denied her a loan or loan servicing during certain time periods between 1981 and 2000. In addition, the government’s program provides for tax and debt relief. Please feel free to contact us if you have questions, or to contact your counsel for advice on involvement in USDA’s call center and/or claims resolution process, or for them to communicate with USDA on your behalf. Click here for USDA’s web site, www.farmerclaims.gov, to get more information on the government’s claims process and/or to register to receive a claims packet. The web site includes a summary description of USDA’s program, and a notice from USDA to farmers who may qualify for the program.

Please click here for a press release issued by Arent Fox, counsel for women farmers in Love v. Vilsack, in response to the USDA’s announcement.

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. Since then, the judge assigned to the case, Judge Robertson, has retired and the case has been assigned to Judge Walton. Judge Walton has continued to stay of the case pending the parties’ settlement discussions. There was a status conference held on December 3, 2010 at which Judge Reggie B. Walton denied plaintiffs’ motion for court review and supervision of financial distribution to women farmers, and for appointment of lead counsel. At the status conference held on January 14, 2011, the judge continued to stay the proceedings and scheduled another status conference for April 15, 2011.

Judge Walton held status conferences in the Love v. Vilsack case on April 15, July 27, and October 21, 2011, and January 6, 2012. A number of women filed a motion to intervene in the case as plaintiffs, and Judge Walton has not yet ruled on their motion, in light of the government’s administrative claims process not yet having been launched and completed. The government had indicated that it would launch the claims program in December 2011 or January 2012, but on January 6, 2012, reported that a claims administrator had not yet been selected.  On January 20, 2012, the government filed a revised “Framework” document, which outlines the administrative claims program it expects to offer, and includes some substantive changes from earlier versions.  The parties’ next status conference is scheduled for February 23, 2012 before Judge Walton.

Detailed description of the Women Farmers litigation