In re BLACK FARMERS DISCRIMINATION LITIGATION
MEMORANDUM OPINION AND ORDER. The Court will enforce the cy pres provision of the Settlement Agreement as modified, Section V.E.13 405 . Signed by Judge Paul L. Friedman on April 8, 2016. (MA)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
In re BLACK FARMERS DISCRIMINATION
Misc. No. 08-0511 (PLF)
MEMORANDUM OPINION AND ORDER
On September 3, 2015 and November 19, 2015, the Court issued Memorandum
Opinions and Orders [Dkt. 430, 438] directing the parties to file memoranda of law addressing
certain issues concerning the cy pres provision of the Settlement Agreement in this case [Dkt.
170-2 (May 13, 2011), 231 (Oct. 27, 2011), as modified by Dkt. 405 (Apr. 7, 2014)]. Upon
consideration of the written submissions of the parties and amicus curiae Competitive Enterprise
Institute’s Center for Class Action Fairness, the relevant case law, and the entire record in this
case, the Court has determined that it should enforce the cy pres provision of the Settlement
Agreement as modified, Section V.E.13 [Dkt. 405]. An Opinion explaining the Court’s
reasoning with respect to the parties’ positions will be issued in due course. Accordingly, it is
ORDERED that the Court will enforce the cy pres provision of the Settlement
Agreement as modified, Section V.E.13, [Dkt. 405] pursuant to its express terms; it is
FURTHER ORDERED that class counsel should begin the process of identifying
potential cy pres beneficiaries as contemplated by Section V.E.13, giving thought to how the
process can (1) be as transparent as possible, and (2) involve the parties and the Court or its
designated agents in assuring that the necessary due diligence is done with respect to the
background and appropriateness of potential cy pres beneficiaries; and it is
FURTHER ORDERED that class counsel and the government are specifically
directed not to file anything further with respect to this issue until the Court orders them to do so.
PAUL L. FRIEDMAN
United States District Judge
DATE: April 8, 2016
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