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`Case 4:21-cv-00595-O Document 25 Filed 06/10/21 Page 1 of 3 PageID 984Case 4:21-cv-00595-O Document 25 Filed 06/10/21 Page 1 of 3 PageID 984
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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.
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`Plaintiffs,
`
`Tom Vilsack, in his official capacity as
`Secretary of Agriculture,
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`Defendant.
`
`
`
`
`
`
`
`
`Case No. 4:21-cv-00595-O
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`
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`NOTICE OF SUPPLEMENTAL AUTHORITY
`Earlier today, the federal district court in Faust v. Vilsack, 1:21-cv-00548-WCG
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`(E.D. Wis.), issued a TRO that enjoins Secretary Vilsack “from forgiving any loans
`
`pursuant to Section 1005 until the Court rules on Plaintiffs’ motion for preliminary
`
`injunction.” Dkt. Entry 21. The district court in that case had previously ordered the
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`defendants to respond to the plaintiffs’ motion for preliminary injunction by June 18,
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`2021, with the plaintiffs’ reply to be filed the following weekend. See Dkt. Entry 16.
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`These orders are reflected on the docket sheet, which we have attached.
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`There are also three other pending cases involving constitutional challenges to
`
`section 1005. See Holman v. Vilsack, No. 1:21-cv-01085-STA (W.D. Tenn.); Wynn v.
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`Vilsack, No. 3:21-cv-00514-MMH (M.D. Fla.); Carpenter v. United States Depart-
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`ment of Agriculture Secretary, No. 0:21-cv-00103-NDF (D. Wyo.). The parties in
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`Wynn have already briefed the preliminary-injunction issue, and a hearing will be held
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`on either June 15 or June 16. See Dkt. Entry 16. The district court in Holman has set
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`a preliminary-injunction briefing schedule and ordered the defendants to respond to
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`the plaintiffs’ motion by June 24, 2021. See Dkt. Entry 13. The preliminary-injunc-
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`tion hearing in Holman will be held on June 29, 2021, at 8:45 a.m . See id.
`
`notice of supplemental authority
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`
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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 25 Filed 06/10/21 Page 2 of 3 PageID 985Case 4:21-cv-00595-O Document 25 Filed 06/10/21 Page 2 of 3 PageID 985
`
`
`
`
`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 10, 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
`
`notice of supplemental authority
`
`
`
`Page 2 of 3
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`
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`
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`Case 4:21-cv-00595-O Document 25 Filed 06/10/21 Page 3 of 3 PageID 986Case 4:21-cv-00595-O Document 25 Filed 06/10/21 Page 3 of 3 PageID 986
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`CERTIFICATE OF SERVICE
`I certify that on June 10, 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
`
`notice of supplemental authority
`
`
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`Page 3 of 3
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`
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