The Hon. Paul L. Friedman
United States District Judge
United States Courthouse
3rd Street & Constitution Ave., NW
Washington, D.C. 20001

Dear Judge Friedman:

We are writing to you today on some matters that concern us greatly with regard to the on-going settlement of the Black farmers class action litigation in Pigford vs Glickman/USDA (Case No. 97-l978). 

Black farmer members and staff of the Federation of Southern Cooperatives/Land Assistance Fund have met with Ms. Randi Roth, court appointed Monitor for this case, on two occasions in the past six weeks. These meetings, our annual Small Farmers Conference in Albany, Georgia on February 12, 2000; and a meeting in Washington, D.C. on March 21, 2000,
held in conjunction with our participation in the "Rally for Rural America", left us with unanswered questions and concerns. 

We are disturbed that 40% or more of the Black farmer claimants in the case are being denied benefits under the settlement. We understand that these Black farmers may appeal through the Monitor for reconsideration and review their claims. However, Ms. Roth indicated that she is awaiting an "order of reference" from you giving her instructions and procedures by which to consider and act upon these appeals.

We understand that one issue, before the Court to be clarified in your order, is whether claimants in the Black Farmer lawsuit will have the opportunity to submit new information to the Monitor on appeal. We respectfully submit that claimants should be able to supplement their applications with new information for the Monitor's consideration. "New information" would include any fact that has a legal or factual tendency to show that discrimination occurred. The scope of the appeal procedures and the review authority of the independent Monitor should be broad enough to correct many of the lawsuit flaws which have adversely affected the claimants. 

Farmers should be allowed to supplement their applications because they will have a fair opportunity to correct many of the technical errors which occurred during claim processing. The large number of claimants in the lawsuit meant that farmers‚ claims had to be processed quickly in large volumes. Although inadvertent, the lawyers, paralegals assisting the lawyers, and others made mistakes. Claimants should have the opportunity to explain any information that was omitted, misdrafted or misconstrued by the processors and arbitrators.

Further, the Court should allow the Monitor to consider all new information in a light most favorable to the claimant. We ask that any new information relied on by the Monitor, in consideration of a claimant's appeal, be attached to the Monitor's recommendation. 

Many of the Track A claimants will be adversely affected if they are not allowed to supplement their application with information that is favorable to their claims. At the onset of the suit, many farmers were led to believe that their burden of proof did not require the production of documents, just a verifiable claim. However, many claims were denied for lack of documentation. Justice demands that these claimants have an opportunity to submit new information and documentation that is available. 

Assuming this court does allow the introduction of new information on appeal, many farmers who have additional verifiable claims will not be able to come up with more documentation. Those farmers should not be penalized for their inability to produce additional documentation. 

Thus, we respectfully request that in the interest of fairness and justice, claimants should have the opportunity to fully and completely amend their claims as part of the appeals process. 

Thank you in advance for your consideration of the Federation and our members concerns.

Cooperatively yours,
 

Ralph Paige
Executive Director

RP:fr

cc: Ms. Randi Roth
46 East Fourth Street
Suite 1301
St. Paul, Minnesota 55101

Attorney J. L. Chestnut
Chestnut, Sanders, Sanders
P.O. Box 1290
Selma, Ala. 36702

Attorney Alexander Pires
Coulon, Frantz, Phelan and Pires
1818 N Street NW; Suite 700
Washington, D.C. 20036

Attorney Michael Sitcov
Civil Division - Federal Programs Branch U.S. Department of Justice
P.O. Box 883, Room 920
Washington, D.C. 20044