CONCERT INVESTOR, LLC v. SMALL BUSINESS ADMINISTRATION (1:21-cv-03150)

SUMMONS (4) Issued Electronically as to ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/02/2021)

NOTICE of Appearance by Michael W. Fires on behalf of CONCERT INVESTOR, LLC (Fires, Michael) (Entered: 12/02/2021)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SMALL BUSINESS ADMINISTRATION served on 12/6/2021 (Wolverton, Caroline) (Entered: 12/08/2021)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/7/2021. (Wolverton, Caroline) (Entered: 12/08/2021)

NOTICE of Appearance by Michael A. Tilghman, II on behalf of ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Tilghman, Michael) (Entered: 01/31/2022)

MINUTE ORDER. Upon consideration of Defendants' 11 Motion for Extension of Time to Respond to Complaint, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall respond to the Complaint by February 14, 2022. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn1)

MOTION for Leave to File Amended Complaint by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit Index, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Wolverton, Caroline) (Entered: 02/21/2022)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CONCERT INVESTOR, LLC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit, # 4 Text of Proposed Order)(Wolverton, Caroline) (Entered: 02/21/2022)

Set/Reset Deadlines: Defense Response due by 2/28/2022. (zcal)

REPLY to opposition to motion re 12 MOTION to Stay filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Tilghman, Michael) (Entered: 02/24/2022)

Consent MOTION for Leave to File Under Seal by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/24/2022)

AMENDED COMPLAINT against ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION filed by CONCERT INVESTOR, LLC.(zeg) (Entered: 03/04/2022)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CONCERT INVESTOR, LLC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Wolverton, Caroline) (Entered: 03/01/2022)

SEALED DOCUMENT filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION re 18 Memorandum in Opposition, 17 Reply to opposition to Motion (This document is SEALED and only available to authorized persons.)(Tilghman, Michael) (Entered: 03/04/2022)

MINUTE ORDER. It is ORDERED that the Parties shall appear telephonically for a status conference on March 28, 2022 at 11:00 A.M. Signed by Judge Carl J. Nichols on March 24, 2022. (lccjn1)

MOTION for Leave to File Second Amended Complaint by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Wolverton, Caroline) (Entered: 03/27/2022)

Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Status Conference held on 3/28/2022. Proposed Administrative Record due by 3/31/2022. Court Reporter: Jan Dickman. (zcal)

RESPONSE re 29 Status Report in response to Defendants' Status Report of March 31, 2022 by CONCERT INVESTOR, LLC. (Wolverton, Caroline) Modified docket event/text on 4/8/2022 (zeg). (Entered: 04/01/2022)

MINUTE ORDER. Upon consideration of Plaintiff's 28 Motion to Expedite Production of the Administrative Record, and after discussion with the parties, and review of Status Reports 29, 30, and 31, it is ORDERED that the government shall, by April 11, 2022, produce a copy of the administrative record to Plaintiff and file a certified index of the administrative record. Signed by Judge Carl J. Nichols on April 6, 2022. (lccjn1)

Memorandum in opposition to re 27 MOTION for Leave to File Second Amended Complaint filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Truong, John) (Entered: 04/15/2022)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by CONCERT INVESTOR, LLC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Wolverton, Caroline) (Entered: 04/19/2022)

MINUTE ORDER. Upon consideration of Plaintiff's 27 Motion for Leave to File Second Amended Complaint, it is ORDERED that the Motion is GRANTED. The Clerk shall FILE the proposed Second Amended Complaint lodged as Exhibit 1 to the Motion as Plaintiff's Second Amended Complaint. Signed by Judge Carl J. Nichols on April 21, 2022. (lccjn1)

SEALED DOCUMENT filed by CONCERT INVESTOR, LLC. re 34 Reply to opposition to Motion filed by CONCERT INVESTOR, LLC. (This document is SEALED and only available to authorized persons.)(zeg) (Entered: 04/21/2022)

MOTION for Summary Judgment by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Statement of Facts, # 4 Text of Proposed Order)(Wolverton, Caroline) (Entered: 05/02/2022)

NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 05/05/2022)

Memorandum in opposition to re 40 MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment (ECF No. 39) filed by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Wolverton, Caroline) (Entered: 05/05/2022)

MINUTE ORDER. Upon consideration of Defendants' Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED IN PART. It is further ORDERED that Defendant's Opposition to Plaintiff's 39 Motion for Summary Judgment is due May 23, 2022. Signed by Judge Carl J. Nichols on May 10, 2022. (lccjn1)

Cross MOTION for Summary Judgment by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 05/23/2022)

REPLY to opposition to motion re 39 MOTION for Summary Judgment filed by CONCERT INVESTOR, LLC. (Attachments: # 1 Text of Proposed Order)(Wolverton, Caroline) (Entered: 05/31/2022)

WITHDRAWN PURSUANT TO NOTICE FILED 6/3/2022.....MOTION for Extension of Time to File Response/Reply by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) Modified on 6/7/2022 (zeg). (Entered: 06/02/2022)

NOTICE OF WITHDRAWAL OF MOTION re 50 MOTION for Extension of Time to File Response/Reply by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (See Docket Entry 51 to view document). (zeg) Modified on 6/7/2022 (znmw). (Entered: 06/07/2022)

MINUTE ORDER. Upon consideration of the 50 Motion for an Extension of Time, it is ORDERED that the Motion is DENIED. Signed by Judge Carl J. Nichols on June 6, 2022. (lccjn1)

REPLY to opposition to motion re 46 Cross MOTION for Summary Judgment filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Declaration of Matthew T. Stevens)(Silverman, Bradley) Modified docket event/text on 6/9/2022 (zeg). (Entered: 06/09/2022)

Memorandum in opposition to re 54 MOTION for Leave to File LCvR 7(n) Appendix Under Seal filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) Modified docket event/text on 6/16/2022 (zeg). (Entered: 06/15/2022)

SEALED DOCUMENT filed by CONCERT INVESTOR, LLC re 56 Order on Motion for Leave to File, 54 MOTION for Leave to File (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit)(Wolverton, Caroline) (Entered: 06/16/2022)

Minute Entry for telephonic proceedings held before Judge Carl J. Nichols: Motion Hearing held on 6/21/2022 re 39 MOTION for Summary Judgment filed by CONCERT INVESTOR, LLC and 46 Cross MOTION for Summary Judgment filed by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. Oral arguments heard. Motions taken under advisement. (Court Reporter William Zaremba.) (zacr)

UNSEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Notice, # 2 Declaration)(Silverman, Bradley) Modified on 8/19/2022 pursuant to minute order filed 8/18/2022 (zed). (Entered: 06/28/2022)

Memorandum in opposition to re 60 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (This document is SEALED and only available to authorized persons.) filed by CONCERT INVESTOR, LLC. (Attachments: # 1 Text of Proposed Order)(Wolverton, Caroline) (Entered: 06/29/2022)

MOTION for Protective Order by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 07/01/2022)

UNSEALED DOCUMENT filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION(This document is SEALED and only available to authorized persons.)(Silverman, Bradley) Modified on 8/19/2022 pursuant to minute order filed 8/18/2022 (zed). (Entered: 07/01/2022)

UNSEALED REPLY TO OPPOSITION filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION re 64 MOTION for Protective Order (This document is SEALED and only available to authorized persons.)(Silverman, Bradley) Modified on 8/19/2022 pursuant to minute order filed 8/18/2022 (zed). (Entered: 07/01/2022)

UNSEALED OPPOSITION filed by CONCERT INVESTOR, LLC. re 64 MOTION for Protective Order (Wolverton, Caroline) Modified on 8/19/2022 pursuant to minute order filed 8/18/2022 (zed). (Entered: 07/08/2022)

NOTICE OF FILING REDACTED DOCUMENT to 58 Sealed Document by CONCERT INVESTOR, LLC (Attachments: # 1 Exhibit)(Wolverton, Caroline) (Entered: 07/18/2022)

ORDER TO SHOW CAUSE. Signed by Judge Carl J. Nichols on July 25, 2022. (lccjn1) (Entered: 07/25/2022)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 77 Notice of Appeal to DC Circuit Court. (zed) (Entered: 09/22/2022)

TRANSCRIPT OF MOTION HEARING VIA TELECONFERENCE PROCEEDINGS before Judge Carl J. Nichols held on June 21, 2022; Page Numbers: 1-50. Date of Issuance: October 27, 2022. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/17/2022. Redacted Transcript Deadline set for 11/27/2022. Release of Transcript Restriction set for 1/25/2023.(wz) (Main Document 79 replaced on 10/28/2022) (zed). (Entered: 10/27/2022)

MINUTE ORDER. It is ORDERED that Defendants' 25 Motion for Extension and to Vacate is DENIED AS MOOT. Signed by Judge Carl J. Nichols on January 31, 2023. (lccjn2)

NOTICE OF WITHDRAWAL OF APPEARANCE as to CONCERT INVESTOR, LLC. Attorney Michael W. Fires terminated. (Fires, Michael) (Entered: 10/04/2023)

NOTICE of Rescission of Final Decision on Plaintiff's Grant Application by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Attachments: # 1 Ex. A - Rescission Notice)(Silverman, Bradley) (Entered: 06/27/2024)

RESPONSE re 83 MOTION for Status Conference filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Ex. A)(Silverman, Bradley) (Entered: 07/11/2024)

MINUTE ORDER. Plaintiff's 83 Motion for Status Conference is DENIED. The Parties are ordered to file a joint status report discussing proposed next steps for the case on or before August 20, 2024. Plaintiff can renew its request for a status conference in light of the joint status report at that time. So ORDERED by Judge Carl J. Nichols on August 6, 2024. (lccjn2)

Joint STATUS REPORT by CONCERT INVESTOR, LLC. (Tysse, James) (Entered: 08/20/2024)

Minute Entry for proceedings held before Judge Carl J. Nichols: Video Status Conference held on 10/18/2024. Joint Status Report and Defense notify Plaintiff due by 11/18/2024. Defense Conclusion of Work and Joint Status Report due by 12/11/2024.Further Order to be issued by the Court. Court Reporter: Lorraine Herman. (zcam) Modified on 10/18/2024 to correct combined deadlines. (zcam).

Joint STATUS REPORT by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Silverman, Bradley) (Entered: 11/18/2024)

MINUTE ORDER. Upon consideration of the 90 Joint Status Report, it is ORDERED that, on or before January 13, 2025, the parties will file a joint status report proposing a summary judgment briefing schedule. So ORDERED by Judge Carl J. Nichols on December 17, 2024. (lccjn2)

Joint STATUS REPORT by CONCERT INVESTOR, LLC. (Wolverton, Caroline) (Entered: 01/13/2025)

MINUTE ORDER. Upon consideration of the 91 Joint Status Report, it is hereby ORDERED that the parties shall file their summary judgment briefs on the dates proposed therein. So ORDERED by Judge Carl J. Nichols on January 14, 2025. (lccjn2)

NOTICE of Appearance by Lide E. Paterno on behalf of CONCERT INVESTOR, LLC (Paterno, Lide) (Entered: 01/17/2025)

Consent MOTION to Pause Briefing by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Silverman, Bradley) (Entered: 01/27/2025)

MINUTE ORDER. The 95 Consent Motion to Pause Briefing is GRANTED. The Court adopts the deadlines proposed in the motion. So ORDERED by Judge Carl J. Nichols on January 30, 2025. (lccjn2)

Amended MOTION for Extension of Time to File Summary Judgment Papers by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Silverman, Bradley) (Entered: 02/18/2025)

Memorandum in opposition to re 98 Motion for Extension of Time to filed by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Wolverton, Caroline) (Entered: 02/19/2025)

REPLY to opposition to motion re 98 Motion for Extension of Time to filed by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Attachments: # 1 Ex. A)(Silverman, Bradley) (Entered: 02/19/2025)

MOTION to Modify February 19, 2025, Scheduling Order by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Truong, John) (Entered: 03/10/2025)

MOTION to Modify February 19, 2025, Scheduling Order (Renewed) by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Truong, John) (Entered: 03/17/2025)

MINUTE ORDER. Upon consideration of the 102 Notice, the 101 and 103 Motions to Modify are GRANTED IN PART. The government shall file any cross-motion for summary judgment and any response to the 94 Motion for Summary Judgment by April 1, 2025; Plaintiff shall file its reply and any cross-response by April 18, 2025; the government shall file any cross-reply by May 2, 2025; and the Parties shall file the Joint Appendix by May 9, 2025. So ORDERED by Judge Carl J. Nichols on March 17, 2025. (lccjn2)

Set/Reset Deadlines: Response to Motion for Summary Judgment due by 4/1/2025. Reply to Motion for Summary Judgment due by 4/18/2025. (zkh)

Memorandum in opposition to re 94 Motion for Summary Judgment filed by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Truong, John) (Entered: 04/01/2025)

MOTION to Amend/Correct Summary Judgment Papers by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 04/09/2025)

MINUTE ORDER. The 107 Motion to Amend/Correct Summary Judgment Papers is GRANTED. Defendant is ORDERED to file its amended summary judgment brief by April 11, 2025. Plaintiff may request an extension of time to respond to the amended brief if needed. So ORDERED by Judge Carl J. Nichols on April 10, 2025. (lccjn2)

MOTION for Leave to File Third Amended Complaint Nunc Pro Tunc by CONCERT INVESTOR, LLC. (Attachments: # 1 Exhibit 1 - Status Conference Transcript, # 2 Exhibit 2 - Proposed Third Amended Complaint, # 3 Exhibit 3 - Redline Comparison of Second and Proposed Third Amended Complaints, # 4 Text of Proposed Order)(Wolverton, Caroline) (Entered: 04/15/2025)