Virgin Island Class v. TOM VILSACK, SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE On Appeal…

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 08-4256
___________
VIRGIN ISLAND CLASS PLAINTIFFS,
Appellants
v.
TOM VILSACK, SECRETARY OF THE
UNITED STATES DEPARTMENT OF AGRICULTURE
___________
On Appeal from the United States District Court
for the
District of the Virgin Islands
(D.C. Civil No. 00-cv-00004)
District Judge: Honorable James T. Giles
Submitted Under Third Circuit L.A.R. 34.1(a)
on December 4, 2009
Before: McKEE, FUENTES, and NYGAARD Circuit Judges.
(Opinion Filed: January 27, 2010)
OPINION OF THE COURT
FUENTES, Circuit Judge:

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The District Court had jurisdiction under 28 U.S.C. § 1331. We have jurisdiction1
pursuant to 28 U.S.C. § 1291.
A more detailed discussion of the factual background in this case can be found in2
our prior decision on an interlocutory appeal challenging the grant of class certification,
Chiang v. Veneman, 385 F.3d 256 (3d Cir. 2004).
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Plaintiffs appeal the District Court’s grant of Defendant’s motion for summary
judgment on their claims under the Equal Credit Opportunity Act (“ECOA”), the Fair
Housing Act (“FHA”), and the Administrative Procedures Act (“APA”). For the
following reasons, we will affirm the judgment of the District Court.1
I.
Because we write primarily for the parties, we only discuss the facts and
proceedings to the extent necessary for resolution of this case. Plaintiffs filed this class2
action on January 10, 2000, alleging national origin discrimination in the United States
Department of Agriculture’s administration of two rural housing loan programs. The
class definition, as modified by this Court in a prior decision, includes:
All Virgin Islanders who applied or attempted to apply for, and/or received,
housing credit, services, home ownership, assistance, training, and/or
educational opportunities from the USDA through its Rural Development
offices (and predecessor designations) located in the U.S. Virgin Islands at
any time between January 1, 1981 and January 10, 2000.
Chiang v. Veneman, 385 F.3d 256, 274 (3d Cir. 2004). Plaintiffs’ First Amended
Complaint included six counts. Count I alleged discrimination prior to the distribution of
loan applications. Count II alleged discrimination between distribution of the

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We exercise plenary review over a district court’s summary judgment ruling.3
Township of Piscataway v. Duke Energy, 488 F.3d 203, 208 (3d Cir. 2007).
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applications and the funding of loans. Count III alleged discrimination at or subsequent
to the funding of loans. Counts IV and V included claims of discrimination under the
FHA and the APA respectively. Finally, Count VI alleged a violation of the Equal
Protection Clause. However, this final count was effectively withdrawn by Plaintiffs
when they failed to amend it to provide a more definite statement of their claim, as
required by the District Court. On August 20, 2008, the District Court granted Defendant
summary judgment on all of the Plaintiffs’ claims.
II.
Plaintiffs raise five issues on appeal. First, they contend that the District Court
erred in considering their ECOA “pattern or practice” discrimination claim as three
separate claims. Second, they assert that the court erred in finding their claims were
barred by the statute of limitations. Third, they challenge various elements of the court’s
analysis of their discrimination claims. Fourth, they argue that the court erred in denying
their Rule 56(f) motion to withhold a decision on summary judgment pending additional
discovery. Fifth, they claim the court erred by dismissing the entire action when the
Plaintiffs’ individual claims were not at issue.3
Substantially for the reasons set forth in the District Court’s thorough and well-
reasoned Memorandum and Order of August 20, 2008, this Court will affirm the District

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Court’s order granting summary judgment in favor of Defendant.
We briefly comment on one issue raised in the briefs. Contrary to Plaintiffs’
assertion that it is “the trial standard of proof,” the burden-shifting framework articulated
in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973), was appropriately
applied by the District Court in the context of summary judgment. As we have declared:
“Under [the McDonnell Douglas] analysis, the employee must first establish a prima facie
case. If the employee is able to present such a case, then the burden shifts to the employer
to provide a legitimate, nondiscriminatory reason for its adverse employment decision. If
the employer is able to do so, the burden shifts back to the employee, who, to defeat a
motion for summary judgment, must show that the employer's articulated reason was a
pretext for intentional discrimination.” Doe v. C.A.R.S. Protection Plus, Inc., 527 F.3d
358, 364 (3d Cir. 2008) (emphasis added).
We have considered the Plaintiffs’ other arguments on appeal and find them to be
without merit. For the foregoing reasons, we will affirm the District Court.

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