Concessions HH, JV v. The United States Small Business Administration (1:24-cv-01870)

District Court, N.D. Georgia

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Date Filed
Description

1

Apr 29, 2024

COMPLAINT filed by Concessions HH, JV. (Filing fee $405, receipt number AGANDC-13398856) (Attachments: # 1 Exhibit A (86 Fed. Reg. 10,732 - Feb. 23, 2021), # 2 Exhibit B (85 Fed. Reg. 80,581 - Dec. 14, 2020), # 3 Exhibit C (SBAs Final Loan Review Decision), # 4 Exhibit D (OHA's Decision), # 5 Civil Cover Sheet)(bmr) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/30/2024)

Att 1

Exhibit A (86 Fed. Reg. 10,732 - Feb. 23, 2021)

Att 2

Exhibit B (85 Fed. Reg. 80,581 - Dec. 14, 2020)

Exhibit C (SBAs Final Loan Review Decision)

Att 4

Exhibit D (OHA's Decision)

Att 5

Civil Cover Sheet

2

Apr 30, 2024

Electronic Summons Issued as to The United States Small Business Administration. (bmr) (Entered: 04/30/2024)

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3

May 1, 2024

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kian J. Hudson. Clerk to follow-up by 5/13/2024. (cpp) (Entered: 05/01/2024)

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4

May 1, 2024

Certificate of Interested Persons and Corporate Disclosure Statement by Concessions HH, JV identifying Other Affiliate H&H Hospitality, LLC, Other Affiliate Concessions Intl., LLC, Other Affiliate Concessions International Holdings, Inc. for Concessions HH, JV. (Fisher, Eric) (Entered: 05/01/2024)

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5

May 1, 2024

APPLICATION for Admission of Kian James Hudson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13403921).by Concessions HH, JV. (Fisher, Eric) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/01/2024)

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May 2, 2024

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Kian James Hudson Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13403921).. Attorney Kian J. Hudson added appearing on behalf of Concessions HH, JV. E-filing access may be requested after an order granting the application is entered. (djs)

6

May 6, 2024

ORDER granting 5 Application for Admission Pro Hac Vice. It appearing to the Court that the requirements stated in LR 83.1(B) for admission pro hac vice have been satisfied, the application of Kian James Hudson to appear pro hac vice in theUnited States District Court for the Northern District of Georgia in the subject case is GRANTED. Signed by Judge William M. Ray, II on 5/6/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tmf) (Entered: 05/06/2024)

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May 6, 2024

Clerk's Certificate of Mailing as to Kian James Hudson re 6 Order on Application for Admission PHV,,. (tmf)

7

Jun 4, 2024

Return of Service Executed by Concessions HH, JV. The United States Small Business Administration served on 5/22/2024, answer due 7/22/2024. (Attachments: # 1 Exhibit 1 (Certified Mail Return Receipts))(Fisher, Eric) (Entered: 06/04/2024)

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8

Jul 12, 2024

Consent MOTION for Extension of Time to File Answer with Brief In Support by The United States Small Business Administration. (Atreopersaud, Rodney) (Entered: 07/12/2024)

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9

Jul 16, 2024

ORDER: Having read and considered Defendant's Motion for Enlargement of Time to file an answer to Plaintiff's Complaint, and for good cause shown, it is hereby ORDERED that Defendant shall be granted an extension of time to file a responsive pleading to Plaintiff's Complaint through and including August 12, 2024. Signed by Judge William M. Ray, II on 7/16/2024. (tmf) (Entered: 07/16/2024)

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10

Aug 12, 2024

ANSWER to 1 COMPLAINT by The United States Small Business Administration. Discovery ends on 1/9/2025.(Atreopersaud, Rodney) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/12/2024)

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11

Sep 11, 2024

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by The United States Small Business Administration. (Atreopersaud, Rodney) (Entered: 09/11/2024)

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12

Oct 11, 2024

Unopposed MOTION to Seal specifically to seal administrative record to be filed for the Court's review with Brief In Support by The United States Small Business Administration. (Atreopersaud, Rodney) Modified on 10/24/2024 to edit event selected (dob). (Entered: 10/11/2024)

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13

Oct 11, 2024

SEALED NOTICE Of Filing Certified Administrative Records by The United States Small Business Administration (Attachments: # 1 Exhibit Admin. Records 1 of 3, # 2 Exhibit Admin. Records 2 of 3, # 3 Exhibit Admin. Records 3 of 3, # 4 Exhibit Appeal, # 5 Exhibit Appeal Attachments, # 6 Exhibit Notice and Order, # 7 Exhibit Response to Appeal, # 8 Exhibit Decision, # 9 Exhibit FTE Analysis Safe Harbor, # 10 Exhibit FTE Analysis, # 11 Exhibit Non-Payroll Costs Tracker, # 12 Exhibit Payroll Accum. Table 2 Owners, # 13 Exhibit PPP Forgiveness Calculator, # 14 Exhibit Schedule A Worksheet, # 15 Exhibit Schedule A, # 16 Exhibit Payroll Accum. Table 1, # 17 Exhibit Declaration of Completeness)(Atreopersaud, Rodney) Modified on 10/24/2024 (dob). (Entered: 10/11/2024)

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14

Oct 24, 2024

ORDER granting 12 Motion to Seal Administrative Records. Signed by Judge William M. Ray, II on 10/24/2024. (dob) (Entered: 10/24/2024)

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15

Nov 1, 2024

SCHEDULING ORDER: re: 11 Joint Preliminary Report and Discovery Plan. Signed by Judge William M. Ray, II on 11/1/2024. (dob) (Entered: 11/01/2024)

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16

Nov 7, 2024

Notice for Leave of Absence for the following date(s): November 6, 2024 - November 15, 2024, by Rodney H. Atreopersaud. (Atreopersaud, Rodney) (Entered: 11/07/2024)

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17

Nov 12, 2024

MOTION for Summary Judgment with Brief In Support by Concessions HH, JV. (Attachments: # 1 Brief in Support of Motion for Summary Judgment, # 2 Statement of Undisputed Material Facts)(Hudson, Kian) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 11/12/2024)

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Brief in Support of Motion for Summary Judgment

Dec 9, 2024

Submission of 17 MOTION for Summary Judgment, to District Judge William M. Ray II. (sll)

18

Dec 23, 2024

RESPONSE re 17 MOTION for Summary Judgment filed by The United States Small Business Administration. (Attachments: # 1 Statement of Material Facts Response to Petitioner's Statement of Undisputed Material Facts)(Atreopersaud, Rodney) (Entered: 12/23/2024)

Att 1

Statement of Material Facts Response to Petitioner's Statement of Undispute

19

Jan 16, 2025

REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Concessions HH, JV. (Hudson, Kian) (Entered: 01/16/2025)

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20

Jan 31, 2025

NOTICE by The United States Small Business Administration of Supplemental Authority (Atreopersaud, Rodney) (Entered: 01/31/2025)

21

Feb 7, 2025

RESPONSE re 20 Notice (Other) filed by Concessions HH, JV. (Hudson, Kian) (Entered: 02/07/2025)

22

Mar 7, 2025

Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment or Alternatively for the Court to Consider Granting Summary Judgment to the SBA Under Rule 56(f) with Brief In Support by The United States Small Business Administration. (Atreopersaud, Rodney) (Entered: 03/07/2025)

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23

Mar 18, 2025

Notice for Leave of Absence for the following date(s): April 4, 2025 - April 14, 2025; July 28, 2025 - August 4, 2025; and October 9, 2025 - October 20, 2025, by Rodney H. Atreopersaud. (Atreopersaud, Rodney) (Entered: 03/18/2025)

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24

Apr 1, 2025

NOTICE by The United States Small Business Administration of Supplemental Authority (Attachments: # 1 Opinion for 35 State Street Hotel Partners, LLC v. Loeffler)(Atreopersaud, Rodney) (Entered: 04/01/2025)

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Apr 2, 2025

Submission of 22 Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment or Alternatively for the Court to Consider Granting Summary Judgment to the SBA Under Rule 56(f), to District Judge William M. Ray II. (jpa)

25

Apr 17, 2025

RESPONSE re 24 Notice (Other) filed by Concessions HH, JV. (Hudson, Kian) (Entered: 04/17/2025)

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26

Jun 23, 2025

ORDER granting in part and denying in part 22 Motion for Extension of Time. The Motion is GRANTED to the extent that this Court may consider granting summary judgment in Defendant SBAs favor under Rule 56(f), but the Court DENIES Defendant SBA any leave to file its own cross-motion for summary judgment. This Order serves as a notice to the parties, pursuant to Rule 56(f), that the Court will consider granting summary judgment in favor of Defendant SBA should Plaintiff not prevail on its Motion for Summary Judgment. Signed by Judge William M. Ray, II on 6/23/2025. (dob) (Entered: 06/23/2025)

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27

Jul 17, 2025

Notice for Leave of Absence for the following date(s): 08/08-11/2025, 10/06-10/2025, 11/24-28/2025, 12/24-31/2025, by Rodney H. Atreopersaud. (Atreopersaud, Rodney) (Entered: 07/17/2025)

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28

Jul 21, 2025

NOTICE of Hearing on Motion 17 MOTION for Summary Judgment : Motion Hearing set for 8/5/2025 at 09:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 7/21/2025. (dob) (Entered: 07/21/2025)

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29

Aug 5, 2025

Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 8/5/2025 re 17 MOTION for Summary Judgment filed by Concessions HH, JV. Court heard oral argument from counsel. Written Order will follow. (Court Reporter Geraldine Glover)(dob) (Entered: 08/05/2025)

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30

Aug 22, 2025

TRANSCRIPT of Summary judgment hearing held on August 5, 2025, before Judge William M. Ray, II. Court Reporter/Transcriber Geraldine Glover. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/court-reporter-directory. Tape Number: 1. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2025. Redacted Transcript Deadline set for 9/22/2025. Release of Transcript Restriction set for 11/20/2025. (Attachments: # 1 Appendix notice of filing transcript) (gxg) (Entered: 08/22/2025)

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31

Sep 8, 2025

ORDER denying 17 Motion for Summary Judgment. The Court will allow Respondent SBA the chance to review its decision as tothe second-draw PPP loans. Should Petitioner take issue with Respondents decision,it may again follow the appropriate procedure to appeal that decision. This Courtaccordingly VACATES the SBAs Loan Review Decision and REMANDS foradditional review. Signed by Judge William M. Ray, II on 9/8/2025. (dob) (Entered: 09/08/2025)

32

Sep 8, 2025

CLERK'S JUDGMENT entered vacating the decision of the Small Business Administration and remanding the action for further review. (dob)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/08/2025)

Sep 8, 2025

Civil Case Terminated. (dob)

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