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Pigford v. Glickman

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 27, 2000

TIMOTHY PIGFORD, ET AL., PLAINTIFFS,
v.
DAN GLICKMAN, SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE, DEFENDANT.
CECIL BREWINGTON, ET AL., PLAINTIFFS,
v.
DAN GLICKMAN, SECRETARY, UNITED STATES DEPARTMENT OF AGRICULTURE, DEFENDANT.

ORDER

The Court has before it Track B claimant Michael Patterson's motion for a stay of arbitration and three motions to admit counsel for Mr. Patterson pro hac vice. Because the Court is without authority to act upon claimant's motions, they will be denied.

Pursuant to a settlement agreement reached by the parties, this litigation has been dismissed with prejudice. See Consent Decree, Pigford v. Glickman, Civil Action Nos. 97-1978, 98-1693, at ¶ 17 (D.D.C. April 14, 1999); Opinion, Pigford v. Glickman, Civil Action Nos. 97-1978, 98-1693 (D.D.C. April 14, 1999). Although the Court still retains jurisdiction over this matter for the limited purpose of enforcing the terms of the Consent Decree, see Opinion at 59, petitions regarding individual Track B arbitration claims may not properly be brought before this Court. See Consent Decree ¶ 10(i). All issues that Track B claimants might raise regarding individual arbitration proceedings or decisions must be addressed to the Arbitrator pursuant to Paragraph 10 of the Decree, or to the Monitor pursuant to Paragraph 12 of the Decree. Accordingly, it is hereby ORDERED that Track B claimant Michael Patterson's motion for a stay of arbitration [261-1, 261-2] is DENIED. If Mr. Patterson or any other Track B claimant seeks review of a non-final ruling by an arbitration panelist, a petition should be addressed to Arbitrator Michael Lewis. If Mr. Patterson or any other Track B claimant seeks review of a final ruling regarding a Track B claim, a petition should be addressed to Monitor Randi Roth; and it is FURTHER ORDERED that the motions of Jeffrey P. Reynolds, Edwin S. Gault, Jr. and Teri D. Gleason to appear pro hac vice are DENIED as moot.

SO ORDERED.

PAUL L. FRIEDMAN United States District Judge

Copies to:

Jeffery P. Reynolds (counsel for claimant) P.O. box 24597 Jackson, Mississippi 39225 Fax: 601-355-6364

Michael Lewis (Arbitrator) ADR Associates 1666 Connecticut Avenue, NW Washington, DC 20009 Fax: 202-328-9162

Randi Ilyse Roth (Monitor) 46 East Fourth Street, Suite 1301 Saint Paul, Minnesota 55101 Fax: 651-223-5335

Alexander J. Pires, Jr. and David J. Frantz (class counsel) Conlon, Frantz, Phelan & Pires, LLP 1818 N Street, NW, Suite 700 Washington, DC 20036 Fax: 202-331-9306

Phillip L. Fraas (class counsel) Tuttle, Taylor & Heron 1025 Thomas Jefferson Street, NW, Suite 407W Washington, DC 20007

Michael Sitcov (defendant's counsel) U.S. Department of Justice, Civil Division P.O. Box 883, Room 1022 Washington, DC 20044 Fax: 202-616-8470

20000727

© 2000 VersusLaw Inc.



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