In re BLACK FARMERS DISCRIMINATION LITIGATION

Filing 438

MEMORANDUM OPINION AND ORDER regarding cy pres issues. The government shall file its memorandum of law on or before December 4, 2015; class counsel shall file its memorandum of law on or before December 18, 2015; any amicus brief shall be filed on or before December 31, 2015; the government's reply shall be due on or before January 15, 2016; and class counsel's reply shall be due on or before January 15, 2016. Signed by Judge Paul L. Friedman on November 19, 2015. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________________
)
In re BLACK FARMERS DISCRIMINATION
)
LITIGATION
)
_________________________________________ )

Misc. No. 08-0511 (PLF)

MEMORANDUM OPINION AND ORDER
On September 3, 2015, the Court issued a Memorandum Opinion and Order, see
Dkt. No. 430, directing the parties to file memoranda of law addressing certain issues on or
before October 9, 2015. By an Order of October 1, 2015, see Dkt. No. 433, and a Minute Order
of October 7, 2015, the Court extended the time for both parties to file their memoranda of law
up to and including October 30, 2015. The Court then vacated that filing date by a Minute Order
on October 21, 2015.
The parties, the Court, the Ombudsman, and the Deputy Ombudsman participated
in a conference call on October 29, 2015 to discuss adding additional questions to those that the
Court already had directed the parties to brief in its September 3, 2015 Memorandum Opinion
and Order, see Dkt. No. 430, concerning the cy pres provision of the Settlement Agreement in
this case.
To assist the Court in its consideration of cy pres issues, it is hereby
ORDERED that the government file a memorandum of law not to exceed 30
pages in length, addressing only the questions presented in the September 3rd Memorandum
Opinion and Order not later than December 4, 2015; it is
FURTHER ORDERED that class counsel file a memorandum of law not to
exceed 30 pages in length addressing the following two questions, in addition to the questions

presented in the September 3rd Memorandum Opinion and Order, not later than December 18,
2015:
1.

Does class counsel’s ethical obligation to its clients require that they make

the best possible case that identifiable class members are entitled to the distribution of any excess
funds?
2.

Do (a) Rule 23(g)(4) of the Federal Rules of Civil Procedure, which places

a “[d]uty” upon “[c]lass counsel [to] fairly and adequately represent the interests of the class,” or
(b) Section I.M of the Settlement Agreement, which states that the plaintiffs “believe that the
terms of this Agreement are . . . in the best interests of the proposed Class and the Class
Members,” see Dkt. No. 170-2, require class counsel to make the best possible case that
identifiable class members are entitled to the distribution of any excess funds?; it is
FURTHER ORDERED that anyone interested in filing an amicus brief, not to
exceed 30 pages in length, must do so as soon as possible, but not later than December 31, 2015;
it is
FURTHER ORDERED that, if necessary, the government may file a reply not to
exceed 15 pages in length in response to the briefs of either class counsel or any amicus brief not
later than January 15, 2016; and it is
FURTHER ORDERED that, if necessary, class counsel may file a reply not to
exceed 15 pages in length in response to any amicus brief not later than January 15, 2016.
SO ORDERED.

/s/
PAUL L. FRIEDMAN
United States District Judge
DATE: November 19, 2015