CREATION ENTERTAINMENT, INC. v. SMALL BUSINESS ADMINISTRATION (1:22-cv-00684)

NOTICE OF ERROR re 1 Civil Cover Sheet; emailed to jmcfadden@jmcfaddenlaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing Related Case form. Please submit using the event Notice of Related Case., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, )

ERRATA Corrected Civil Cover Sheet (No Related Cases) by CREATION ENTERTAINMENT, INC. re 1 Complaint, filed by CREATION ENTERTAINMENT, INC.. (McFadden, Jeffrey) (Entered: 03/14/2022)

Case Randomly Assigned to Judge Amy Berman Jackson. (znmg)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/20/2022. (Attachments: # 1 Exhibit A)(McFadden, Jeffrey) (Entered: 03/30/2022)

NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 04/11/2022)

MINUTE ORDER granting 7 Motion for Extension of Time to Respond to Complaint. Defendants must file a responsive pleading by July 5, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/31/2022. (lcabj2)

Consent MOTION for Extension of Time to Respond to Complaint by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 07/05/2022)

Consent MOTION for Extension of Time to Respond to Complaint by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 07/15/2022)

MINUTE ORDER granting 10 Motion for Extension of Time to Respond to Complaint. Defendants must file a responsive pleading by July 25, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/18/2022. (lcabj2)

Consent MOTION for Extension of Time to Respond to Complaint by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 07/25/2022)

Consent MOTION for Extension of Time to Respond to Complaint by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 08/08/2022)

Consent MOTION for Extension of Time to Amend 1 Complaint, by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Text of Proposed Order)(McFadden, Jeffrey) (Entered: 08/11/2022)

MINUTE ORDER granting 13 Motion for Extension of Time to File First Amended Complaint. Plaintiff must file its amended complaint by August 19, 2022. Defendants must file an answer to the amended complaint or otherwise respond by September 19, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/12/2022. (lcabj2)

AMENDED COMPLAINT against All Defendants filed by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McFadden, Jeffrey) (Entered: 08/19/2022)

MINUTE ORDER. A Meet and Confer Telephonic Scheduling Conference Call is set for 10/27/2022 at 2:30 PM. The parties shall meet, confer, and file a Joint Report pursuant to Local Rule 16.3 by 10/20/2022. Any dates contained in the Report should be expressed as specific dates (month/day/year) rather than as time frames (e.g. "60 days from the entry of the scheduling order"). The parties are directed to contact the Court's Deputy Clerk in the first instance to request the rescheduling of the Telephone Scheduling Conference Call. The party seeking the change in schedule must first confer with counsel for all other parties and be prepared to provide the Deputy Clerk with proposed mutually agreeable dates. In a separate email, the Court's Deputy Clerk will provide the parties with the dial in telephone number and procedures to allow them access to the call. Signed by Judge Amy Berman Jackson on 10/6/2022. (jth)

NOTICE of Appearance by Matthew Mokwa on behalf of CREATION ENTERTAINMENT, INC. (Mokwa, Matthew) (Entered: 10/20/2022)

MINUTE ORDER. In light of the 18 joint status report, it is ORDERED that the certified list of contents of the administrative record must be filed by November 4, 2022; plaintiff must file its motion for summary judgment by December 20, 2022; defendant must file an opposition, combined with a cross-motion for summary judgment, if any, in a single memorandum of points and authorities, by January 20, 2023; plaintiff must file a reply and cross-opposition, if any, in a single memorandum of points and authorities, by February 20, 2023; defendant must file a cross-reply, if any, by March 22, 2023; and excerpts of the administrative record must be filed by April 5, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/25/2022. (lcabj2)

MOTION Complete the Administrative Record re 19 Administrative Record by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Text of Proposed Order)(McFadden, Jeffrey) (Entered: 12/20/2022)

MOTION for Summary Judgment by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Text of Proposed Order)(McFadden, Jeffrey) (Entered: 12/20/2022)

ENTERED IN ERROR.....DECLARATION of Allison Richards by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION re 24 MOTION to Stay filed by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Silverman, Bradley); Modified on 1/19/2023 (ztth). (Entered: 01/18/2023)

RESPONSE re Notice of Error filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley); Modified text and docketing event on 1/24/2023 (ztth). (Entered: 01/19/2023)

Memorandum in Opposition to re 26 MOTION to Modify Schedule filed by CREATION ENTERTAINMENT, INC.. (McFadden, Jeffrey) Modified event title on 1/25/2023 (znmw). (Entered: 01/24/2023)

ENTERED IN ERROR.....REPLY to opposition to motion re 24 MOTION to Stay filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Exhibit A)(Silverman, Bradley) Modified on 2/9/2023 (znmw). (Entered: 02/08/2023)

MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Respond to Motion for Summary Judgment, and of All Further Briefing Deadlines by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 02/13/2023)

NOTICE OF SUPPLEMENTAL AUTHORITY by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Silverman, Bradley) (Entered: 02/15/2023)

MINUTE ORDER. The 24 Motion to Stay is GRANTED, and therefore the 33 Motion for Extension of Time is DENIED as moot. "The District Court has broad discretion to stay proceedings as an incident to its power to control its own docket." Clinton v. Jones, 520 U.S. 681, 706 (1997), citing Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). "A trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case." Hisler v. Gallaudet Univ., 344 F. Supp. 2d 29, 35 (D.D.C. 2004), quoting Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979) (internal alterations omitted). One of the issues before the D.C. Circuit in Concert Investor LLC v. SBA, No. 22-5253 (D.C. Cir.) is whether Congress's rescission of "unobligated" funds for the Shuttered Venue Operators Grant program renders claims relating to this program moot. Because the Circuit's decision could render this action moot, this action will be stayed in the interim. The parties must submit a joint status report 3 business days after the decision is issued, informing the Court of the status of this case and proposing a briefing schedule. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/17/2023. (lcabj2)

NOTICE by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Attachments: # 1 Exhibit)(Silverman, Bradley) (Entered: 05/24/2023)

NOTICE by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION (Attachments: # 1 28(j) Letter, # 2 Concert Investor Final Brief)(Silverman, Bradley) (Entered: 07/28/2023)

RESPONSE re 39 MOTION to Lift Stay filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 08/30/2023)

MINUTE ORDER. Upon consideration of the 38 notice regarding mootness, the 39 motion to lift stay, and the 40 opposition, the Court is not persuaded that the issue the defendants now say will be addressed in Concert Investor LLC v. SBA, No. 22-5253 (D.C. Cir.) has been raised in this case or that it would be dispositive. The 14 amended complaint does allege that SBA "erred by treating Creation disparately from similarly situated businesses that were granted SVOG awards," but that allegation does not appear to concern the circumstance described by the defendants, that is, an award to a similar entity that was later determined to be ineligible. Further, because the 19 Administrative Record has already been docketed and a 22 motion for summary judgment has been filed, the Court finds it to be more efficient to complete the briefing as opposed to keeping the case pending while the pool of available funds dwindles. Given the time that the briefing and consideration of the motion for summary judgment will take, defendants will have plenty of time to inform the Court if something relevant happens in Concert Investor LLC v. SBA. The Court also notes that other courts have denied continuing stays in cases involving the grant funds on these same grounds. See Min. Order (Aug. 8, 2023), Atlantic Arts Foundation v. SBA, Case No. 22-cv-2109; Min. Order (Aug. 11, 2023), Monkey Jungle, Inc. v. SBA, Case No. 22-cv-2537. For all of these reasons, the 39 motion to lift stay is GRANTED, the Court's February 17, 2023, Order granting a stay of this case is hereby lifted, and the Court will establish a schedule for moving forward. The Court finds it appropriate to resolve the motions concerning the administrative record before completing summary judgment briefing, so defendants must file a response to the 20 motion to complete the Administrative Record, or in the alternative, supplement the record, and 21 motion to compel the unredaction of certain documents in the Administrative Record, in a single, combined opposition by September 21, 2023. Plaintiff's reply in support of the 20 and 21 motions, which should also be filed as a single, combined submission, is due by October 5, 2023. The deadlines associated with the 22 motion for summary judgment will be set after the Court rules on the 20 and 21 motions. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/31/2023. (lcabj2) Modified on 8/31/2023 (bb).

Case Unstayed. (zkh)

RESPONSE re 20 MOTION Complete the Administrative Record re 19 Administrative Record, 21 MOTION to Compel Unredactions of Administrative Record filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Ex. A - Excerpts of Administrative Record, # 2 Ex. B - Richards Declaration, # 3 Ex. C - SBA Ltr. (Aug. 2, 2022), # 4 SBA Ltr. (July 7, 2022))(Silverman, Bradley) (Entered: 09/21/2023)

REPLY to opposition to motion re 21 MOTION to Compel Unredactions of Administrative Record, 20 MOTION Complete the Administrative Record re 19 Administrative Record filed by CREATION ENTERTAINMENT, INC.. (Mokwa, Matthew) (Entered: 10/05/2023)

REPLY to opposition to motion re 42 MOTION to Stay filed by ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION. (Silverman, Bradley) (Entered: 10/06/2023)

Joint STATUS REPORT and Proposed Briefing Schedule by CREATION ENTERTAINMENT, INC.. (Mokwa, Matthew) (Entered: 02/14/2025)

MINUTE ORDER granting 49 Motion for Extension of Time. It is ORDERED that the government must file the amended certified list of the administrative record by April 1, 2025. Signed by Judge Amy Berman Jackson on 3/19/2025. (lcabj2)

MOTION for Extension of Time to File Certified List of Amended Administrative Record by SMALL BUSINESS ADMINISTRATION, ISABELLA CASILLAS GUZMAN. (Truong, John) (Entered: 04/01/2025)

Consent MOTION to Modify Briefing Schedule by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Text of Proposed Order)(Mokwa, Matthew) (Entered: 04/16/2025)

MINUTE ORDER granting 53 Motion to Modify Briefing Schedule. It is ORDERED that the following schedule will apply: Plaintiff's motion for summary judgment will be due by June 15, 2025. Defendant's response and cross-motion, if necessary, must be filed by July 16, 2025 and supported by a single memorandum of points and authorities. Plaintiff's reply and cross-opposition, if necessary, will be due by August 16, 2025 and must be supported by a single memorandum of points and authorities. Defendant's cross-reply will be due by September 15, 2025. Excerpts from the administrative record must be filed by October 1, 2025. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/15/2025. (lcabj2)

MOTION for Summary Judgment by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Mokwa, Matthew) (Entered: 06/16/2025)

NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of ISABELLA CASILLAS GUZMAN, SMALL BUSINESS ADMINISTRATION Substituting for attorney Bradley Silverman (Bardo, John) (Entered: 09/13/2025)

Joint STATUS REPORT by CREATION ENTERTAINMENT, INC.. (Attachments: # 1 Text of Proposed Order)(Mokwa, Matthew) (Entered: 12/28/2025)

Consent MOTION for Extension of Time to Answer the Second Amended Complaint by KELLY LOEFLER, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 01/29/2026)

MINUTE ORDER granting 60 Motion for Extension of Time. Defendants' answer is now due by February 6, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/29/2026. (lcabj2)

ADMINISTRATIVE RECORD Certification and Index by KELLY LOEFLER, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 02/12/2026)

Consent MOTION for Extension of Time to Brief Summary Judgment by KELLY LOEFLER, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 04/03/2026)

MINUTE ORDER granting 64 Motion for Extension of Time. Defendants' response and cross-motion, if any, must be filed by May 6, 2026 and supported by a single memorandum of points and authorities. Plaintiff's reply and cross-opposition, if necessary, will be due by June 5, 2026 and must be supported by a single memorandum of points and authorities. Defendants' cross-reply will be due by July 6, 2026. Excerpts from the administrative record must be filed by July 20, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/7/2026. (lcabj2)

MINITE ORDER granting 65 Motion for Extension of Time. Defendants' response and cross-motion, if any, must be filed by May 27, 2026 and supported by a single memorandum of points and authorities. Plaintiff's reply and cross-opposition, if necessary, will be due by June 26, 2026 and must be supported by a single memorandum of points and authorities. Defendants' cross-reply will be due by July 27, 2026. Excerpts from the administrative record must be filed by August 10, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/5/2026. (lcabj2)

MINITE ORDER granting 66 Motion for Extension of Time. Notwithstanding plaintiff's opposition, defendants' response and cross-motion, if any, must be filed by May 27, 2026 and supported by a single memorandum of points and authorities. Plaintiff's reply and cross-opposition, if necessary, will be due by June 26, 2026 and must be supported by a single memorandum of points and authorities. Defendants' cross-reply will be due by July 27, 2026. Excerpts from the administrative record must be filed by August 10, 2026. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/5/2026. (lcabj2)

Memorandum in opposition to re 63 MOTION for Summary Judgment filed by KELLY LOEFLER, SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 05/27/2026)