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`Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 1 of 4 PageID 1352Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 1 of 4 PageID 1352
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`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`FORT WORTH DIVISION
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`SID MILLER, GREG MACHA, JAMES
`MEEK, JEFF PETERS, and LORINDA
`O’SHAUGHNESSY, on behalf of themselves
`and others similarly situated,
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`Plaintiffs,
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`v.
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`THOMAS J. VILSACK, in his official
`capacity as Secretary of the U.S. Department
`of Agriculture,
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`Defendant.
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`Case No. 4:21-CV-595-O
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`UNOPPOSED MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF
`IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION,
`ON BEHALF OF THE RURAL COALITION, THE INTERTRIBAL AGRICULTURE
`COUNCIL, NORTH CAROLINA ASSOCIATION OF BLACK LAWYERS LAND LOSS
`PREVENTION PROJECT, AND
`23 ADDITIONAL FARMING ADVOCACY ORGANIZATIONS
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`Rural Coalition, Intertribal Agriculture Council, North Carolina Association of Black
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`Lawyers Land Loss Prevention Project, Natural Resources Defense Council, Inc., Rural
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`Advancement Fund of the National Sharecroppers Fund, Inc., National Latino Farmers and
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`Ranchers Trade Association, American Indian Mothers, Inc., Cottage House Incorporation, Family
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`Farm Defenders, Kansas Black Farmers Association, National Young Farmers Coalition,
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`Oklahoma Black Historical Research Project, Inc., Operation Spring Plant, Inc., Texas Coalition
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`of Rural Landowners, World Farmers, Inc., Farm Aid, HEAL Food Alliance, National Family
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`Farm Coalition, Rural Advancement Foundation International-USA, National Sustainable
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`Agriculture Coalition, California FarmLink, Community Farm Alliance, Women, Food, and
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`1
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`Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 2 of 4 PageID 1353Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 2 of 4 PageID 1353
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`Agriculture Network, Steward Holdings, Concerned Citizens of Tillery, and Black Farmers and
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`Agriculturalists Association respectfully request leave of this Court to submit their brief as amici
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`curiae in opposition to Plaintiffs’ motion for preliminary injunction.
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`Amici curiae are farmers’ organizations that work with, on behalf of, or represent socially
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`disadvantaged farmers who are eligible for emergency debt relief under Section 1005 of the
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`American Rescue Plan Act, and who would therefore be harmed should the Court enjoin the law.
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`More detailed information about each amicus curiae is provided in the appendix of the proposed
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`brief.
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`The role of amici is to assist the court “in cases of general public interest by making
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`suggestions to the court, by providing supplementary assistance to existing counsel, and by
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`insuring a complete and plenary presentation of difficult issues so that the court may reach a proper
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`decision.” Newark Branch, N.A.A.C.P. v. Town of Harrison, 940 F.2d 792, 808 (3d Cir. 1991)
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`(citation omitted). Federal district courts possess the inherent authority to accept amicus briefs.
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`See In re Bayshore Ford Truck Sales, Inc., 471 F.3d 1233, 1249 n.34 (11th Cir. 2006) (“[D]istrict
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`courts possess the inherent authority to appoint ‘friends of the court’ to assist in their
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`proceedings.”); United States v. Louisiana, 751 F. Supp. 608, 620 (E.D. La. 1990) (“Generally,
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`courts have exercised great liberality in permitting an amicus curiae to file a brief in a pending
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`case[.]”).
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`The proposed brief of amici curiae provides the needed perspectives of minority farmers,
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`who have been subjected to longstanding discrimination in the U.S. Department of Agriculture’s
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`assistance and loan programs; who, as a result, were in precarious financial standing even before
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`the COVID-19 pandemic, which has only deteriorated since; and whose continued viability as
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`farmers will be imperiled should the Court enjoin Section 1005’s emergency debt-relief program.
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`2
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`Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 3 of 4 PageID 1354Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 3 of 4 PageID 1354
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`Certificate of Conference
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`Undersigned counsel have consulted Plaintiffs’ and Defendant’s counsel regarding the
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`filing of the proposed amici curiae brief, and the Parties’ counsel are unopposed to this filing.
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`Accordingly, the Rural Coalition, Intertribal Agriculture Council, North Carolina Association of
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`Black Lawyers Land Loss Prevention Project, and 23 Additional Farming Advocacy Organizations
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`hereby request that the Court grant leave to file their brief as amici curiae.
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`Date: June 30, 2021
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`Respectfully submitted,
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`/ S / -- Art Brender
`____________________________________
`ART BRENDER
`
`State Bar No. 02954500
`THE BRENDER LAW FIRM
`600 Eighth Avenue
`Fort Worth, Texas 76104
`(817) 334-0171, telephone
`(817) 334-0274, telecopier
`e-mail: mainoffice@brenderlawfirm.com
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`Keisha Stokes-Hough* (Miss. Bar No. 103717)
`Alexandra M. Jordan* (Ala. Bar No. 4624-X00X)
`SOUTHERN POVERTY LAW CENTER
`400 Washington Avenue
`Montgomery, AL 36104
`Tel:
`(334) 956-8200
`Fax:
`(334) 956-8481
`keisha.stokeshough@splcenter.org
`alexandra.jordan@splcenter.org
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`Counsel for Amici Curiae
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`*Applications for Admission Pro Hac Vice Pending
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`Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 4 of 4 PageID 1355Case 4:21-cv-00595-O Document 56 Filed 06/30/21 Page 4 of 4 PageID 1355
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 30th day of June, 2021, I electronically filed the foregoing
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`document with the Clerk of court for the U.S. District Court, Northern District of Texas, using the
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`electronic case filing system of the court. The electronic case filing system sent a "Notice of
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`Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice
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`as service of this document by electronic means and pursuant to the Federal Rules of Civil
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`Procedure.
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`/ S / -- Art Brender
`_____________________________________
`ART BRENDER
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`4
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