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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)
Complaint
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
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Exhibit D - CFR 120.110
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Exhibit E - relevant portion of SBA Standard Operating Procedure 50 10 5(K)
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Exhibit F - PPP Borrower Application Form
Att 8
Summons Defendant Jovita Carranza
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Summons Defendant Steven Mnuchin
Att 10
Summons Defendant Small Business Administration
Att 11
Summons United States of America
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(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)
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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
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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
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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
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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
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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
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Apr 14, 2020
Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Olson, Jeff)
Motion for TRO
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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
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Apr 14, 2020
DECLARATION of Theresa Weiss in support of dkt. # 8, Motion for Temporary Restraining Order (Olson, Jeff)
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Declaration
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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
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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: 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)
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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
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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
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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
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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
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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
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Apr 21, 2020
DECLARATION of Theresa Weiss in Support of dkt. # 16, Motion to Clarify (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)
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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
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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
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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
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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
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Apr 24, 2020
DECLARATION of Kyle Zubke in support of Plaintiffs' Motion for Preliminary Injunction (Olson, Jeff)
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Declaration
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Apr 24, 2020
BRIEF in Opposition filed by All Defendants re 8 Emergency MOTION for Temporary Restraining Order . (Stewart, Carter)
Brief in Opposition to Motion
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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
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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
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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)
Order on Motion for TRO
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May 4, 2020
NOTICE OF APPEAL by All Defendants. (cc: all counsel) (Constantine, Emily)
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Notice of Appeal
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May 4, 2020
Emergency MOTION to Stay by All Defendants. (Constantine, Emily)
Motion to Stay
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May 4, 2020
Attorney Cover Letter re: 29 Notice of Appeal (Attachments: # 1 Docket Sheet)(dl)
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Attorney Cover Letter
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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
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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)
Order on Motion to Stay
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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)
USCA Case Number
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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)
USCA Order
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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
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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)
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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
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Aug 20, 2020
STIPULATION by Jovita Carranza, Steven T Mnuchin, Small Business Administration, United States of America. (Constantine, Emily)
Stipulation
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)