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`Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 1 of 3 PageID 598Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 1 of 3 PageID 598
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`U N I T E D S T A T E S D I S T R I C T C O U R T
`F O R T H E N O R T H E R N D I S T R I C T O F T E X A S
`F O R T W O R T H D I V I S I O N
`
`
`
`
`Sid Miller, et al.,
`
`v.
`
`Plaintiffs,
`
`Tom Vilsack, in his official capacity as
`Secretary of Agriculture,
`
`Defendant.
`
`
`
`
`
`
`
`
`Case No. 4:21-cv-00595-O
`
`
`
`MOTION FOR CLASS CERTIFICATION
`The plaintiffs respectfully move to certify two classes under Rule 23(b)(2) of the
`
`Federal Rules of Civil Procedure.
`
`The first proposed class will be represented by plaintiffs Greg Macha, James Meek,
`
`Jeff Peters, and Lorinda O’Shaughnessy, and it consists of “all farmers and ranchers
`
`in the United States who are encountering, or who will encounter, racial discrimina-
`
`tion from the United States Department of Agriculture on account of section 1005
`
`of the American Rescue Plan Act.”
`
`The second proposed class will be represented by all of the named plaintiffs in this
`
`action, and it consists of “all farmers and ranchers in the United States who are cur-
`
`rently excluded from the definition of ‘socially disadvantaged farmer or rancher,’ as
`
`defined in 7 U.S.C. § 2279(a)(5)–(6) and as interpreted by the Department of Agri-
`
`culture.”
`
`The accompanying brief provides our arguments and authorities.
`
`plaintiffs’ motion for class certification
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`
`
`Page 1 of 3
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`
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`
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`Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 2 of 3 PageID 599Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 2 of 3 PageID 599
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`
`
`
`Gene P. Hamilton
`Virginia Bar No. 80434
`Vice-President and General Counsel
`America First Legal Foundation
`300 Independence Avenue SE
`Washington, DC 20003
`(202) 964-3721
`gene.hamilton@aflegal.org
`
`H. Dustin Fillmore III
`Texas Bar No. 06996010
`Charles W. Fillmore
`Texas Bar No. 00785861
`The Fillmore Law Firm, LLP
`201 Main Street, Suite 801
`Fort Worth, Texas 76102
`(817) 332-2351 (phone)
`(817) 870-1859 (fax)
`dusty@fillmorefirm.com
`chad@fillmorefirm.com
`
`Dated: June 2, 2021
`
`
`
`
`
`
`
`
`
`Respectfully submitted.
`
` /s/ Jonathan F. Mitchell
`Jonathan F. Mitchel l
`Texas Bar No. 24075463
`Mitchell Law PLLC
`111 Congress Avenue, Suite 400
`Austin, Texas 78701
` 0 (phone)394- (512) 686
`
`
`(512) 686-3941 (fax)
`jonathan@mitchell.law
`
`
`
`
`
`
`
`
`
`
`
`
`Counsel for Plaintiffs and
`the Proposed Classes
`
`plaintiffs’ motion for class certification
`
`
`
`Page 2 of 3
`
`
`
`
`
`Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 3 of 3 PageID 600Case 4:21-cv-00595-O Document 12 Filed 06/02/21 Page 3 of 3 PageID 600
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`CERTIFICATE OF CONFERENCE
`I certify that on June 2, 2021, I conferred with Emily Sue Newton, counsel for
`
`the defendants, and she informed me that the defendants oppose this motion.
`
`
`
` /s/ Jonathan F. Mitchell
`Jonathan F. Mitchel l
`Counsel for Plaintiffs and
`the Proposed Classes
`
`CERTIFICATE OF SERVICE
`I certify that on June 2, 2021, I served this document through CM/ECF upon:
`
`
`
`
`
`Emily Sue Newton
`Senior Trial Counsel
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, NW
`Washington, D.C. 20005
`(202) 305-8356 (phone)
`(202) 616-8460 (fax)
`emily.s.newton@usdoj.gov
`
`Counsel for Defendants
`
`
`
`
` /s/ Jonathan F. Mitchell
`Jonathan F. Mitchel l
`Counsel for Plaintiffs and
`the Proposed Classes
`
`plaintiffs’ motion for class certification
`
`
`
`Page 3 of 3
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`
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