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`Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 1 of 9 PageID 1330Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 1 of 9 PageID 1330
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`FORT WORTH DIVISION
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`SID MILLER, et al.,
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`v.
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`TOM VILSACK, in his official capacity as
`SECRETARY OF AGRICULTURE,
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`Plaintiffs,
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`Defendant.
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`Civil Action No. 4:21-cv-595-O
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`DEFENDANT’S PARTIAL ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT
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`Defendant, Tom Vilsack, in his official capacity as Secretary of Agriculture, answers
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`Plaintiffs’ Second Amended Complaint as follows:
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`The introductory paragraphs in Plaintiffs’ Second Amended Complaint are Plaintiffs’
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`characterization of the case and legal conclusions to which no answer is required. To the extent
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`an answer is required, Defendant denies that the U.S. Department of Agriculture’s (USDA)
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`administration of programs for “socially disadvantaged farmers and ranchers” violates the U.S.
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`Constitution.
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`Jurisdiction and Venue
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`1.
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`The allegations in paragraph no. 1 represent conclusions of law to which no answer
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`is required. To the extent an answer is deemed required, Defendant denies that this Court has
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`jurisdiction over Count I to the extent Plaintiffs challenge programs other than Section 1005 of the
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`American Rescue Plan Act (ARPA), Count II, or Count III.
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`2.
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`The allegations in paragraph no. 2 represent conclusions of law to which no answer
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`is required. To the extent an answer is deemed required, Defendant admits based on Plaintiff’s
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`allegations that venue is proper.
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`Parties
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`3.
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`Admit that Plaintiff is a farmer or rancher and that he is the Agriculture
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`Commissioner for the State of Texas. Defendant otherwise lacks knowledge or information
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`sufficient to form a belief as to the truth of the other allegations in paragraph no. 3.
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`4.
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`Admit that the Plaintiff self-identifies as white. Defendant otherwise lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph
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`no. 4.
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`5.
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`Admit that the Plaintiff self-identifies as white. Defendant otherwise lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph
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`no. 5.
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`6.
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`Admit that the Plaintiff self-identifies as white. Defendant otherwise lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph
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`no. 6.
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`7.
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`Admit that the Plaintiff self-identifies as white. Defendant otherwise lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph
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`no. 7.
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`8.
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`Admit.
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`Factual Allegations
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`9.
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`The allegations in paragraph no. 9 are Plaintiffs’ characterization of Sections 1005
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`and 1006, and not an allegation of fact for which a response is required. To the extent a response
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`2
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`is deemed required, Defendant denies any characterization inconsistent with those statutory
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`provisions.
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`10.
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`The allegations in paragraph no. 10 are Plaintiffs’ characterization of statutory
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`provisions, and not an allegation of fact for which a response is required. To the extent a response
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`is deemed required, Defendant admits that other federal statutes provide aid to individuals who
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`fall within the definition of “socially disadvantaged farmer or rancher” and otherwise denies any
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`characterization inconsistent with those statutory provisions.
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`11.
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`12.
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`Admit.
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`The allegations in paragraph no. 12 are Plaintiffs’ characterization of a website and
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`regulations, and not an allegation of fact for which a response is required. To the extent a response
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`is deemed required, Defendant denies any characterization inconsistent with the website and
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`regulations.
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`13.
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`The allegations in paragraph no. 13 are Plaintiffs’ characterization of a document,
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`and not an allegation of fact for which a response is required. To the extent a response is deemed
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`required, Defendant denies any characterization inconsistent with the document.
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`14.
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`The allegations in paragraph no. 14 are Plaintiffs’ characterization of a document,
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`and not an allegation of fact for which a response is required. To the extent a response is deemed
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`required, Defendant denies any characterization inconsistent with the document and otherwise
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`admits that the Notice of Funds Availability; American Rescue Plan Act of 2021 Section 1005
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`Loan Payment (ARPA) states that members of socially disadvantaged groups include but are not
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`limited to: American Indians or Alaskan Natives; Asians; Blacks or African Americans; Native
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`Hawaiians or other Pacific Islanders; and Hispanics or Latinos. See 86 FR 28329 (May 26, 2021).
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`The Notice of Funds Availability also states that the Secretary of Agriculture will determine on a
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`3
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`Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 4 of 9 PageID 1333Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 4 of 9 PageID 1333
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`case-by-case basis whether additional groups qualify under this definition in response to a written
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`request with supporting explanation. Id.
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`15.
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`16.
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`Denied.
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`The allegations in paragraph no. 16 consist of legal argument and conclusions to
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`which no response is required. To the extent a response is deemed required, admit that many
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`ethnic groups have been subject to racial or ethnic prejudice in the United States because of their
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`identity as members of a group without regard to their individual qualities including Irish, Italians,
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`Germans, Jews, and eastern Europeans. Otherwise deny.
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`17.
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` Admit the first sentence of paragraph no. 17. The allegation in the second sentence
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`of paragraph no. 17 is not directed at Defendant and therefore no answer is required. To the extent
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`an answer is deemed required, Defendant lacks knowledge or information sufficient to form a
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`belief as to the truth of the allegations contained in the second sentence of paragraph no. 17.
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`18.
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`The statement in the first sentence of paragraph no. 18 references a Supreme Court
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`opinion that speaks for itself, and therefore no response is required. The allegation in the second
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`sentence of paragraph no. 18 is not directed at Defendant and therefore no answer is required. To
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`the extent an answer is deemed required, Defendant lacks knowledge or information sufficient to
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`form a belief as to the truth of the allegations contained in the second sentence of paragraph no.
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`17. Admit the third sentence in paragraph no. 17.
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`19.
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`Admit that the Plaintiff is a farmer or rancher who self-identifies as
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`“overwhelmingly white,” “primarily Scotch-Irish,” and of “2% black ancestry.” Defendant
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`otherwise lacks knowledge or information sufficient to form a belief as to the truth of the
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`allegations in paragraph no. 19.
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`4
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`20.
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`Admit that the Plaintiff is a farmer or rancher who self-identifies as white.
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`Defendant otherwise lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in the first sentence of paragraph no. 20. Admit that the Plaintiff has a farm loan
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`administered by the Farm Service Agency. Deny the remainder of the second sentence in
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`paragraph no. 20.
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`21.
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`Admit that the Plaintiff is a farmer or rancher who self-identifies as white.
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`Defendant otherwise lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in the first sentence of paragraph no. 21. Admit that the Plaintiff has a farm loan
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`administered by the Farm Service Agency. Deny the remainder of the second sentence of
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`paragraph no. 21.
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`22.
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`Admit that the Plaintiff is a farmer or rancher who self-identifies as white.
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`Defendant otherwise lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in the first sentence of paragraph no. 22. Admit that the Plaintiff has a farm loan
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`administered by the Farm Service Agency. Deny the remainder of the second sentence of
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`paragraph no. 22.
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`23.
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`Admit that the Plaintiff is a farmer or rancher who self-identifies as white.
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`Defendant otherwise lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in the first sentence of paragraph no. 23. Admit that the Plaintiff has a farm loan
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`administered by the Farm Service Agency. Deny the remainder of the second sentence of
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`paragraph no. 23.
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`24.
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`The allegations in paragraph no. 24 consist of legal argument and conclusions to
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`which no response is required. To the extent a response is required, Defendant lacks knowledge
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`or information sufficient to form a belief as to the truth of the allegations in paragraph no. 24.
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`5
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`25.
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`The allegations in paragraph no. 25 consist of Plaintiffs’ characterization of this
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`action and legal conclusions, to which no response is required. To the extent a response is deemed
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`required, deny.
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`Claim 1
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`26-30: Paragraph nos. 26-30 contain allegations that fail to state a claim under Title VI.
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`Concurrent with this Partial Answer, Defendants have filed a partial motion to dismiss this claim
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`under Federal Rule of Civil Procedure 12(b)(6). Given the pending motion, no response to these
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`paragraphs is required at this time.
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`Claim 2
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`31-33: Paragraph nos. 31-33 allege a claim for which Plaintiffs lack standing. Concurrent
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`with this Partial Answer, Defendants have filed a partial motion to dismiss this claim under Federal
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`Rule of Civil Procedure 12(b)(1). Given the pending motion, no response to these paragraphs is
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`required at this time.
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`Claim 3
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`34-39: Paragraph nos. 34-39 allege a claim for which Plaintiffs lack standing. Concurrent
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`with this Partial Answer, Defendants have filed a partial motion to dismiss this claim under Federal
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`Rule of Civil Procedure 12(b)(1). Given the pending motion, no response to these paragraphs is
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`required at this time.
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`Class Action Allegations
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`40.
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`The allegations in paragraph 40 consist of Plaintiffs’ characterization of this action,
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`to which no response is required. To the extent a response is deemed required, admit that Plaintiffs
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`bring a purported class action.
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`6
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`41.
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`The allegations in paragraph 41 consist of Plaintiffs’ characterization of this action,
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`to which no response is required. To the extent a response is deemed required, admit that Plaintiffs
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`“seek to represent a class of all farmers and ranchers in the United States who are currently
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`excluded from the Department’s interpretation of ‘socially disadvantaged farmer or rancher.’”
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`42.
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`The allegations in paragraph 42 consist of Plaintiffs’ characterization of this action,
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`to which no response is required. To the extent a response is deemed required, admit that Plaintiffs
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`seek to represent a “class of all farmers and ranchers in the United States who are encountering, or
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`who will encounter, racial discrimination from the United States Department of Agriculture on
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`account of section 1005 of the American Rescue Plan Act.”
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`43.
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`The allegations in paragraph 43 consist of legal conclusions to which no response
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`is required. To the extent a response is deemed required, deny.
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`44.
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`The allegations in paragraph 44 consist of legal conclusions to which no response
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`is required. To the extent a response is deemed required, deny.
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`45.
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`The allegations in paragraph 45 consist of legal conclusions to which no response
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`is required. To the extent a response is deemed required, deny.
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`46.
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`The allegations in paragraph 46 consist of legal conclusions to which no response
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`is required. To the extent a response is deemed required, deny.
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`47.
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`The allegations in paragraph 47 consist of legal conclusions to which no response
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`is required. To the extent a response is deemed required, deny.
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`Demand for Relief
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`48.
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`The allegations in paragraph no. 48 constitute Plaintiffs’ prayer for relief, to which
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`no response is required. To the extent a response is deemed required, deny that Plaintiffs are
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`entitled to the relief they request or any relief whatsoever.
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`7
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`Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 8 of 9 PageID 1337Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 8 of 9 PageID 1337
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`Affirmative Defenses
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`1.
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`2.
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`3.
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`Plaintiffs have failed to exhaust administrative remedies.
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`Plaintiffs are not entitled to attorney’s fees or costs.
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`Plaintiffs and their claims are improperly joined.
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`Defendant denies all allegations in Plaintiff’s Amended Complaint that Defendant has not
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`otherwise answered herein. Wherefore, having fully answered, Defendant respectfully requests
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`that the Court enter judgment dismissing the Amended Complaint with prejudice and awarding
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`Defendant costs and other such relief as the Court may deem appropriate.
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`Dated: June 29, 2021
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`Respectfully submitted,
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`BRIAN M. BOYNTON
`Acting Assistant Attorney General
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`LESLEY FARBY
`Assistant Branch Director
`Civil Division, Federal Programs Branch
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`/s/ Michael F. Knapp
`EMILY SUE NEWTON (VA Bar No. 80745)
`Senior Trial Counsel
`KYLA M. SNOW (Ohio Bar No. 96662)
`MICHAEL F. KNAPP (Cal. Bar No. 314104)
`Trial Attorneys
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, NW
`Washington, D.C. 20005
`Tel: (202) 514-2071 / Fax: (202) 616-8460
`michael.f.knapp@usdoj.gov
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`Counsel for Defendant
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`8
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`Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 9 of 9 PageID 1338Case 4:21-cv-00595-O Document 51 Filed 06/29/21 Page 9 of 9 PageID 1338
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 29, 2021, a copy of the foregoing was filed electronically via
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`the Court’s ECF system, which effects service upon counsel of record.
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`/s/ Michael F. Knapp
`MICHAEL F. KNAPP (Cal. Bar No. 314104)
`Trial Attorney, U.S. Department of Justice
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`9
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