In Re Black Farmers Settlement Update 16
Judge Friedman continues his latest barage of orders in the In Re Black Farmers Discrimination case, eliminating side battles and paving the way to final adjudication and distribution of settlement checks.
What’s new today?
On January 29, 2013, Judge Friedman entered two more opinions and orders, essentially denying non-class members’ motions to be made a part of the class.
First, 28 individuals had filed a ”Motion in Support of Objection to Treatment and Petition to the Court for Arbitrator Review”, asking the court to allow them to participate in the settlement claims process despite the fact that they had been denied inclusion in the class by the Settlement Administrator. The individuals admitted that they lacked written documentation showing that they had made a late filing request in Pigford 1, a requirement to be a part of the In Re Black Farmers Discrimination class. However, the individuals requested inclusion in the settlement claims process because they met all the other requirements for class membership. Judge Friedman ruled that the Court only has the power to enforce the settlement and does not have the power to include individuals who do not meet all of the criteria for class membership. Therefore, he denied the individuals’ motion.
Second, an indivudual, Artis Mark, Jr., filed a motion seeking a temporary injunction and/or restraining order. The motion argued that he was wrongfully denied a claim package by the Settlement Administrator. The Court ruled, similar to the previous order, that it lacked the authority to second-guess determination made by the Settlement Administor regarding indivdual class membership determinations under the settlement agreement. The Court further noted that Mr. Mark did not provide any evidence that he had sent a request to participate in Pigford 1, a requirement to be a part of the In Re Black Farmers Discrimination class, so there was no reason to think that the Settlement Administrator had made a mistake in its determination. However, even if a mistake was made, the decision would not be subject to review by the Court. Therefore, the motion was denied.
What does this all mean?
More hurdles to the road to payment have been cleared by not allowing further adjudication review of claims from non-class members. Things seem to be heating up and we wouldn’t be surprised to see a ruling on attorneys’ fees any day now.
Don’t forget to see what other claims you may be eligible for here.
Paula u right about the complain I mis understood her question on satursday there will be a meeting here in Memphis satursday at 10:00 about black farmer with attorneys and for the people’s to get information on where their at my aunt got a call from an attorney today I’m wondering what going on now I’m going to post the address tomorrow for any one like to go
i did not use a lawyer to fill out my claim form so therefore no one signed off on my claim. so far so good. haven,t recieved a denial letter yet(knock on wood) checking the mail box nervously every day cause that would be worse than a bill collecter notice(lol) but like i say so far so good. keep up the good work guys.
i think that meeting with attorneys was one way to weed out and discourage people from the start of this thing.if attorney told u that u didn,t meet criteria u took them at their word and did,nt fill out a form. just my thoughts. but can u imagine the pressure of trying to remember things with an attorney asking u questions and u know u have to give the right awnsers or else. so much better in the privacy of your own home stress free and quiet with room to think.
@S Cannon….I think you are speaking of the meetings Mr. Thomas Burrell will be holding at the Mississippi Blvd. Church in Memphis…But according to my knowledge, this has nothing to do with Pigford II. He is trying to petition to the Supreme Courts and stop it to allow others to apart of the case but I don’t think its going to happen…When Pigford II and the Women/Hispanic cases against USDA is finish, I personally do not think they are going to open any more cases for Black Farmers.#waiting patiently
Here is an article below:
The president, Thomas Burrell, of The Black farmers and Agriculturalists Association, Inc (BFAA, Inc) will be conducting workshops for the benefit of its current and future members throughout the country for the next several months.
BFAA, Inc will be adding on other cities and locations as the schedules are confirmed.
The job of informing individuals within our own communities will not get done unless we, the members of our own communities take responsibility for disciminating the information that our people need to hear. One of the most disturbing stories that I have heard while traveling around the country conducting workshops regarding this lawsuit is that family members will come up to me and say that some of their relatives received the $50,000.00 and never told them about the lawsuit. There is something fundamentally wrong with this picture sisters and brothers.
I submit to you that the Hispanic and Native American communities will do all that they can, and rightly so, to let every one in their respective communities know about these lawsuits. And unlike what happen in the Black farmers lawsuit, the government is going make that those others communities receive “effective Notice.”
The very reason that congress found it necessary to pass legislation to re-open this historic lawsuit is because the government refused to “Notify” the members of the African American community about the lawsuit in the first place.
The Black farmer’s lawsuit is still very much open. However, it’s up to us, alone, to make this historic lawsuit produce the fruits (reparations) that are equal and commensurate with the harm that this government, through USDA admitted to doing against us. The government should never have had the responsibility to “Notify” and tell Black folks about their deliverance.
To this end we are asking all of our members to forward this e-mail to as many of your friends and acquaintances about this movement as possible.
They can download a Questionnaire and Petition to become a member, claimant and supporter of this great cause. Thank you!
Regards,
Thomas Burrell–bfaapresident@aol.com
http://www.mybfaa.com
Let’s go update 17.
Good Morning…is there a 17 in the making?
Hi Paula! I’m hoping for February or March…13 years and counting
Waiting patiently u may be right I talked to her this morning and she said they wanted her to fill out papers about the women’s discrimating
good morning to all
Good morning to all – is there an update 17? Also, GG, have you spoken to your friend?
On board for updating 17…How?
Not yet. He suppose to call this week.
Still ,waiting maybe today we’ll see update 17. been wating 10 years……
I was personally told by by the 1 800 black farmers line It was not neccessary for a lawyer to fill out or sign my application. However. they said a lawyer will be available to you if you choose to utilize one. The lawyer was not to question whether or not was the info I provided him was true or not only to assure the info I was giving was filled out in the proper manner and spaces. I did however use a lawyer and he never question me whether or not the information I was giving was true he was very helpful in making sure I filled the application properly. To whom it’s concern. The lawyer has no idea if the info is true or not.
Is everyone gone to the bank? wtm?
I wish I had a reason to be at the bank…..waiting and praying for good news this week!
Waiting on income tax…not black farmer