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As many of you know by now, the second Black Farmers' Class Action Lawsuit (In re BLACK FARMERS DISCRIMINATION LITIGATION, Misc. No. 08-mc-0511 (PLF)) (PIGFORD II) has been signed by a Federal District Court Judge (October 27, 2011).

However, on November 7, 2011, The BLACK FARMERS AND AGRICULTURALISTS ASSOCIATION, Inc.  (BFAA, Inc.) filed an OBJECTION in this legal matter.

1.
BFAA, Inc. is not trying to stop or prevent anyone from getting paid in this lawsuit.  We are simply challenging certain flaws and defects in the lawsuit that can, and quite possibly, prevent certain individuals from getting the full benefits (Relief) that Congress intended for our members to receive from the lawsuit as follow:

    a.    Pigford II claimants will not get the full $50,000 that Black Farmers got in Pigford I.
    b.    Pigford II claimants will not receive Injunctive Relief (lines of credit). [1]
    c.    Pigford II claimants do not have appeal rights.
    d.    Pigford II claimants will not receive as much as other minority groups will receive in their lawsuits.

2.
BFAA, Inc. believes that both the U. S. Court of Appeals (District of Columbia Circuit) and, if necessary, the U.S. Supreme Court, will hear BFAA, Inc.'s motion and arguments and redirect the government to provide the same level of treatment to Pigford II claimants that was available to both Pigford I and to the other minority groups who are also suing the government.  History is full of examples regarding legal struggles where the African American community did not receive full and equal treatment from the states and or the federal government until its' lawyers fought all the way to the Federal Appeals and/or U.S. Supreme Court. (Brown v. Board of Education, the Rosa Parks  case (Browder v. Gayle)).   If the African American community had stopped at the District (Trial) Court level, we would still be required to give up our seats to other citizens and be subjected to separate and unequal schools.  Moreover, this is exactly what the claimants in Pigford II are being forced to do--give our legal winning up to other minority groups and have our cases heard under separate and unequal conditions.   Native Americans, Hispanics and white women claimants will receive more from this lawsuit than the second group of African American claimants (Pigford II).  This is simply not fair.

3.
Lawyers have already started to travel around the country holding sessions (Fill-Out-Forms).  This is where Black Farmers' and their heirs, administrators, and assigns will meet these lawyers and answer the many questions that the Claims Facilitator (Portland, Oregon) have mailed to anyone requesting a claims form. 

4.
BFAA, Inc., will argue to the Courts that the lawyers, first and foremost, have never made an attempt to explain this complex claims form to individuals who are not familiar with the terms and language on it.  In 1999, the claims form had only four (4) basic questions that had to be answered.  Even then, practically one half of all African Americans were denied relief (payment) because they could not answer those four questions.  Here, there are many more questions to be answered and all of those questions require an additional answer (Explanation) that must also be provided--or the claimant will be denied[2].    BFAA, Inc. believes that tens of thousands of African American farmers and their heirs will not prevail in this lawsuit due to the onerous (hard) conditions placed on them by this claims form.

5.
BFAA, Inc. believes that this claims form is designed to weed-out as many Black Farmers and their heirs as possible--with no rights to appeal an unfavorable decision by one of the Arbitrators and/or Adjudicators (Neutrals).  Remember, it was the Arbitrator, Michael Lewis, who denied virtually all of the Pigford II claimants from entering the lawsuit in the first place.  He is still an Arbitrator--nothing has changed, sisters and brothers.
 
6.
Moreover, most people are under the allusion that if they sign-up first, they will get paid first.  Not so!  Read the fine print[3].   What BFAA, Inc. is saying is this, (1) if you know that you are not either ready and/or prepared to answer all of the questions, with supporting explanations in the claims form, then wait until you have the answers and can adequately provide the corresponding explanations, (2) hire an attorney (your own if necessary) or someone who understands these questions and required explanations and, (3)  don't get in a hurry and send in a claims form that is not completely filled out or attend the the Fill-Out-Form Session, if you are not prepared to supply the answers and explanations.

7.
Again, BFAA, Inc. has filed an OBJECTION to this lawsuit and its' process, or lack thereof (Due Process and Equal Protection violations). However, if the Courts should come back and grant BFAA, Inc.'s request, you, as a BFAA, Inc. member, may have waived your rights and will not, therefore, receive any benefits from that ruling. 

        Remember:  Wisdom is the principle thing; therefore get wisdom: and with all thy getting get understanding.      Proverbs 4:7

8.
On this Saturday, December 3, 2011, there will be a meeting in Memphis, Tennessee regarding what BFAA, Inc. is doing as it relates to helping and/or making recommendations to our members about the claims forms and packages being sent from Portland, Oregon.  Accommodations are as follows:

                    Mississippi Boulevard Christian Church
                     70 North Bellevue Avenue
                     Memphis, Tennessee 38104
                     10:00 a.m until 1:00 p.m.

9.
On January 2, 2012, Bishop David A. Hall, Sr. of the Church Of God In Christ will sponsor a rally at his church as follows:
                
                    Temple Church Of God In Christ
                     672 South Lauderdale Street
                     Memphis, Tennessee 38126
                     10:00 a.m until

10.
Bishop David A. Hall, Sr.  is spearheading an effort to create a Legal Defense Fund for the benefit of all African American farmers, their heirs, administrators and assigns in these lawsuits. These funds will help provide legal resource and legal defense funds to guarantee our Constitutional rights in these lawsuits are safeguarded.

http://faithinmemphis.com/2011/08/08/cogic-leadership-adds-david-ha...

11.
Other religious leaders from other denominations are also meeting to bring this movement to pass.

BFAA, Inc., is also in contact with some of the African American entertainers and celebrities in an effort to hold fund raisers to support our legal maneuvers.

Finally, those of us at BFAA, Inc. will not rest until all of our members have received the full measure of benefits and relief that Congress made available to us in the historic legislation that it passed on October 21, 1998. The government, by and through the USDA, has made every attempt to water down, reduce and deprive Black farmers and their heirs of this historic and unprecedented amount of economic development opportunities in that Act.  

Other meetings and rallies will be announced as soon as dates and locations are available to us.  Thank you and may God continue to allow us to triumph, grow and prosper in the land that flows with milk and honey.

Best Regards,

Thomas Burrell
BFAA, Inc. President

___________________
[1]  These lines of credit could be as much as $2.5 Million per claimant. Most importantly, this credit would be extended without adverse credit history reports (no credit scores required).   

[2]    Read SECTION SEVEN: CLAIM INFORMATION to-wit:
TO BE ELIGIBLE FOR AN AWARD, YOU MUST ANSWER EVERY QUESTION IN THIS SECTION, INCLUDING EVERY QUESTION ASKING FOR AN EXPLANATION OR DESCRIPTION.

[3]    Read SECTION EIGHT:  No payment will be made until all claims have been evaluated.


BFAA, Incorporated
5 North 3rd Street, Suite 2030
Memphis, Tennessee 381090
901.522.8880
www.mybfaa.com

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