Camelot Banquet Rooms, Inc. v. Carranza (2:20-cv-00601)

District Court, E.D. Wisconsin

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Date Filed
Description

1

Apr 13, 2020

COMPLAINT against All Defendants by Midrad, LLC, Downtown Juneau Investments, LLC, Camelot Banquet Rooms, Inc., PPH Properties I, LLC. ( Filing Fee PAID $400 receipt number AWIEDC-3420829) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Paycheck Protection Program provisions of CARES Act, # 3 Exhibit B - SBA Rules 3245, # 4 Exhibit C - 60 Fed Reg 64356, # 5 Exhibit D - CFR 120.110, # 6 Exhibit E - relevant portion of SBA Standard Operating Procedure 50 10 5(K), # 7 Exhibit F - PPP Borrower Application Form, # 8 Summons Defendant Jovita Carranza, # 9 Summons Defendant Steven Mnuchin, # 10 Summons Defendant Small Business Administration, # 11 Summons United States of America)(Olson, Jeff)

Att 1

Civil Cover Sheet

Att 2

Exhibit A - Paycheck Protection Program provisions of CARES Act

Att 3

Exhibit B - SBA Rules 3245

Att 4

Exhibit C - 60 Fed Reg 64356

Att 5

Exhibit D - CFR 120.110

Att 6

Exhibit E - relevant portion of SBA Standard Operating Procedure 50 10 5(K)

Att 7

Exhibit F - PPP Borrower Application Form

Att 8

Summons Defendant Jovita Carranza

Att 9

Summons Defendant Steven Mnuchin

Att 10

Summons Defendant Small Business Administration

Att 11

Summons United States of America

2

Apr 13, 2020

DISCLOSURE Statement by All Plaintiffs. (Olson, Jeff)

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Disclosure Statement

Apr 14, 2020

Notice of Judge Assignment

Apr 14, 2020

NOTICE Regarding assignment of this matter to Judge Lynn Adelman ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website (jcl)

Apr 14, 2020

Case Opening Modification

Apr 14, 2020

Case Opening Modification(s); The following modification(s) have been made to your case entry: The attached summons was not prepared using the version found on our website - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. ; Please refer to the attorney case opening instructions, the summons instructions and the party name guidelines found in the user manual for further guidance (jcl)

3

Apr 14, 2020

REQUEST for Issuance of Summons by All Plaintiffs for Defendant Jovita Carranza (Olson, Jeff)

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Request for Issuance of Summons

4

Apr 14, 2020

REQUEST for Issuance of Summons by All Plaintiffs for Defendant Steven Mnuchin (Olson, Jeff)

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Request for Issuance of Summons

5

Apr 14, 2020

REQUEST for Issuance of Summons by All Plaintiffs for Defendant Small Business Administration (Olson, Jeff)

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Request for Issuance of Summons

6

Apr 14, 2020

REQUEST for Issuance of Summons by All Plaintiffs for Defendant United Statees of America (Olson, Jeff)

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Request for Issuance of Summons

7

Apr 14, 2020

Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Olson, Jeff)

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Consent/Refusal to Jurisdiction by US Magistrate Judge

8

Apr 14, 2020

Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Olson, Jeff)

9

Apr 14, 2020

DECLARATION of Jeff Scott Olson in support of dkt. # 8, Motion for Temporary Restraining Order (Olson, Jeff)

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Declaration

10

Apr 14, 2020

DECLARATION of Theresa Weiss in support of dkt. # 8, Motion for Temporary Restraining Order (Olson, Jeff)

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Declaration

11

Apr 14, 2020

MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Requested Brief in support of dkt. # 8, Motion for Temporary Restraining Order)(Olson, Jeff)

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Motion for Leave to File Excess Pages

12

Apr 14, 2020

Proposed Findings of Fact by All Plaintiffs (Olson, Jeff)

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Proposed Findings of Fact

Apr 15, 2020

Set/Reset Hearings

Apr 15, 2020

Set/Reset Hearings: A telephonic conference regarding plaintiffs' Motion for Temporary Restraining Order will be held on April 15, 2020 at 3:15 p.m. The court will initiate the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide contact information. (jad)

13

Apr 15, 2020

Minute Entry for proceedings held before Judge Lynn Adelman: Telephone Conference held on 4/15/2020. The parties discussed the pending motion for a TRO. The Court, finding that Plaintiffs demonstrated irreparable harm absent preliminary injunctive relief, inadequate existing remedies at law, and Plaintiffs having a reasonable likelihood of success on the merits, and, determining that the balance of the potential harm to the Plaintiffs outweighs the harm to other parties or the public interest, issued an oral ruling GRANTING the Plaintiffs motion for a temporary restraining order 8 . Defendants and their agents are ORDERED to: (1) Refrain from enforcing 13 CFR ยง 120.110(p) and SBA SOP 50 10 5(k), Ch. 2(III)(A)(15) as to the plaintiffs in this action; and (2) Restore Plaintiffs to their place in the application queue as if their applications submitted April 3 have not been denied. The restraints contained in the Courts order expire 14 days from the date of the order unless the Court, for good cause, extends them for a like period or Defendants consent to a longer extension. The Court also determined that Plaintiffs were not required to file a security under Fed. R. Civ. P. 65(c), as such security is unnecessary given the nature of this case. The Court also GRANTED Plaintiffs motion for leave to file excess pages ECF No. 11). The Court and parties set out deadlines for response and reply briefs (and supporting materials) for the motion for preliminary injunction. See scheduling order. See transcript for further details. (Court Reporter Susan Armbruster) (jad) (Entered: 04/16/2020)

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Telephone Conference

14

Apr 16, 2020

ORDER signed by Judge Lynn Adelman on 4/16/20 that defendants' response brief and supporting materials as to Plaintiffs' motion for preliminary injunction shall be filed no later than April 24, 2020. Plaintiffs' reply brief and any supporting materials shall be filed no later than April 28, 2020. (cc: all counsel)(jad)

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Order

15

Apr 17, 2020

TRANSCRIPT of Telephonic Status Conference held on April 15, 2020 before Judge Lynn Adelman Court Reporter/Transcriber Susan Armbruster, Contact at 414-290-2641. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 5/11/2020. Redacted Transcript Deadline set for 5/21/2020. Release of Transcript Restriction set for 7/20/2020. (Armbruster, Susan)

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Transcript

Apr 21, 2020

Set/Reset Hearings

16

Apr 21, 2020

MOTION to Clarify Ruling Granting Temporary Restraining Order [dkt. # 13] by All Plaintiffs. (Olson, Jeff)

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Motion to Clarify

17

Apr 21, 2020

DECLARATION of Jeff Scott Olson in Support of dkt. # 16, Motion to Clarify (Attachments: # 1 Exhibit A - 2020 04 16 Extension of Safer at Home Order, # 2 Exhibit B - 2020 04 20 email from AUSA Constantine)(Olson, Jeff)

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Declaration

18

Apr 21, 2020

DECLARATION of Theresa Weiss in Support of dkt. # 16, Motion to Clarify (Olson, Jeff)

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Declaration

19

Apr 21, 2020

DECLARATION of Sarah Furey Crandall (Olson, Jeff)

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Declaration

Apr 21, 2020

Set/Reset Hearings: A telephonic conference will be held on April 22, 2020 at 2:00 p.m. The court will initiate the call. Counsel must email the court prior to the call at AdelmanPO@wied.uscourts.gov to provide contact information. (jad)

20

Apr 22, 2020

NOTICE of Appearance by Emily Ann Constantine on behalf of United States of America. Attorney(s) appearing: Emily A. Constantine (Constantine, Emily)

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Notice of Appearance

21

Apr 22, 2020

NOTICE of Appearance by Carter Bryan Stewart on behalf of United States of America. Attorney(s) appearing: Carter B. Stewart (Stewart, Carter)

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Notice of Appearance

22

Apr 22, 2020

RESPONSE to Motion filed by United States of America re 16 MOTION to Clarify Ruling Granting Temporary Restraining Order [dkt. # 13] . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stewart, Carter)

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Response to Motion

23

Apr 22, 2020

Minute Entry for proceedings held before Judge Lynn Adelman: Status Conference held on 4/22/2020. The Court and the parties' discussed the status of the case and Plaintiffs outstanding motion for clarification 16 as to the Court's Temporary Restraining Order 13 & 15 . The Court clarified that the TRO required the Government to reserve loan guarantee authority for Plaintiffs (i.e., maintain Plaintiffs' place in the application queue), however the Government is not required to transmit reserved loan authorization numbers to Plaintiffs' lending institution(s) before resolution of the pending preliminary injunction motion. See transcript for further details. (Court Reporter Susan Armbruster) (jad) (Entered: 04/23/2020)

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Status Conference

24

Apr 24, 2020

DECLARATION of Kyle Zubke in support of Plaintiffs' Motion for Preliminary Injunction (Olson, Jeff)

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Declaration

25

Apr 24, 2020

BRIEF in Opposition filed by All Defendants re 8 Emergency MOTION for Temporary Restraining Order . (Stewart, Carter)

26

Apr 27, 2020

REPLY BRIEF in Support filed by All Plaintiffs re 8 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (Olson, Jeff)

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Reply Brief in Support of Motion

27

Apr 29, 2020

ORDER signed by Judge Lynn Adelman on 4/29/20 that the Court's Temporary Restraining Order is EXTENDED for an additional fourteen (14) days pursuant to Fed. R. Civ. P. 65(b)(2). (cc: all counsel)(jad)

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Order

28

May 1, 2020

ORDER signed by Judge Lynn Adelman on 5/1/20 that the plaintiffs' motions for a preliminary injunction 8 is GRANTED. The Administrator of the U.S. Small Business Administration and the Secretary of the Treasury, as well as their employ ees, agents and representatives, including the SBA's lending banks, are preliminarily enjoined from using 13 C.F.R. § 120.110(p) and the associated SBA Standard Operating Procedure (SOP 50 10 5(K) § III.A.15) in making eligibility dete rminations for loans under 15 U.S.C. § 636(a)(36). By Monday, May 4, 2020, at 12:00 p.m., the Administrator of the U.S. Small Business Administration and the Secretary of the Treasury shall transmit guarantee authority to the plaintiffs' lenders so that those lenders may finish processing the plaintiffs' applications for PPP loans and immediately fund the loans. (cc: all counsel) (jad)

29

May 4, 2020

NOTICE OF APPEAL by All Defendants. (cc: all counsel) (Constantine, Emily)

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Notice of Appeal

30

May 4, 2020

Emergency MOTION to Stay by All Defendants. (Constantine, Emily)

31

May 4, 2020

Attorney Cover Letter re: 29 Notice of Appeal (Attachments: # 1 Docket Sheet)(dl)

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Attorney Cover Letter

32

May 4, 2020

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 29 Notice of Appeal (dl)

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Transmission of Notice of Appeal and Docket Sheet to USCA

33

May 4, 2020

ORDER signed by Judge Lynn Adelman on 5/4/20 that defendants' motion for a stay pending appeal is DENIED. IT IS FURTHER ORDERED that the alternative motion for 36 additional hours to comply with the injunction is GRANTED. (cc: all counsel) (jad)

34

May 4, 2020

USCA Case Number 20-1729 re: 29 Notice of Appeal filed by Jovita Carranza, Steven T Mnuchin, United States of America, Small Business Administration. (dl)

35

May 4, 2020

ORDER of USCA 20-1729 & 20-1730 IT IS ORDERED that the district court's preliminary injunction is temporarily STAYED pending resolution of this motion. (dl) (Entered: 05/05/2020)

36

May 20, 2020

ORDER of USCA re 29 20-1729, 20-1730 IT IS ORDERED that the motion to stay the preliminary injunction is DENIED. The temporary stay order issued on May 4, 2020, is VACATED.(dl)

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USCA Order

37

Jun 22, 2020

STIPULATION to Extend Deadline for Defendants to Otherwise Respond to the Complaint by All Defendants. (Attachments: # 1 Text of Proposed Order)(Constantine, Emily)

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Stipulation

Jun 23, 2020

TEXT ONLY ORDER Granting 37 Stipulation to Extend Deadline signed by Judge Lynn Adelman on 6/23/20. (cc: all counsel)(jad)

Jun 23, 2020

Text Only Order

38

Aug 5, 2020

USCA Mandate (certified copy) USCA Number 20-1729, 20-1730 IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).(dl)

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USCA Mandate

39

Aug 20, 2020

STIPULATION by Jovita Carranza, Steven T Mnuchin, Small Business Administration, United States of America. (Constantine, Emily)

Aug 21, 2020

Text Only Order

Aug 21, 2020

TEXT ONLY ORDER signed by Judge Lynn Adelman on 8/21/20. The parties' stipulation is GRANTED. All deadlines in this case are stayed unless and until a dispute concerning plaintiffs' eligibility for loan forgiveness under Section 1106 of the CARES Act arises. Accordingly, the Clerk of Court is directed to close the file administratively. (cc: all counsel)(jad)

40

Apr 20, 2021

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Miscellaneous Relief

41

Apr 20, 2021

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Declaration

42

Apr 20, 2021

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Declaration

43

Apr 20, 2021

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Declaration

44

Apr 20, 2021

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Declaration

45

Apr 29, 2021

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Brief in Opposition to Motion

46

Apr 30, 2021

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Reply Brief in Support of Motion

47

May 11, 2021

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Scheduling Order

48

May 20, 2021

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Status Conference AND ~Util - Terminate Motions

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