J.R. Schuster, LLC v. United States Small Business A, et al
| UNITED STATES OF AMERICA, JOVITA CARRANZA, in her Official Capacity as Administrator of the Small Business Administration, UNITED STATES SMALL BUSINESS ADMINISTRATION and STEVEN T. MNUCHIN, in his Official Capacity as United States Secretary of Treasury |
| J.R. SCHUSTER, LLC |
| 20-1730 |
| May 4, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
Docket Report
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Filing 20
ORDER re: 1) Appellants Unopposed Motion to Hold Appeals in Abeyance, [ # 17 ] 2) Appellants Supplemental Response to Unopposed Motion to Hold Cases in Abeyance. The motion to hold these consolidated appeals in abeyance is DENIED. Because the district court must address in the first instance any dispute between the parties regarding the preliminary injunctions effect, if any, on the issue of loan forgiveness, it is not necessary to hold the appeals in abeyance. Accordingly, briefing in this appeal shall proceed as follows: Appellant's brief due on or before 07/30/2020 for Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America. Appellee's brief due on or before 08/31/2020 for Camelot Banquet Rooms, Inc., Downtown Juneau Investments, LLC, Midrad, LLC, PPH Properties I, LLC and J.R. Schuster, LLC. Appellant's reply brief, if any, is due on or before 09/21/2020 for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America. JLW [20] [7090455] [20-1729, 20-1730] (AD) [Entered: 07/01/2020 08:56 AM]
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| Filing 19 Filed Response by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA in 20-1729, 20-1730 to Court Order of June 17, 2020. [19][7089069] [20-1729, 20-1730] (Dixon, Courtney) [Entered: 06/24/2020 01:47 PM] |
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Filing 18
ORDER re: Appellants' unopposed motion to hold appeals in abeyance. The government has moved this court to hold these appeals in abeyance, anticipating a possible future dispute regarding what effect, if any, the injunction could have on a future decision to forgive plaintiffs loans under Section 1106 of the CARES Act. It is not clear from the motion, however, what role the government envisions this court will play in resolving any such dispute. Accordingly, IT IS ORDERED that the government shall file by June 24, 2020, a supplement to its motion explaining what this courts role would be in adjudicating a dispute over the preliminary injunctions applicability to the plaintiffs eligibility for loan forgiveness and, in light of that purpose, why holding these appeals in abeyance is appropriate. In particular, the government should address whether the district court would be the appropriate body to make an initial determination on the injunctions applicability to future disputes between the parties. IT IS FURTHER ORDERED that briefing in these appeals is temporarily SUSPENDED pending resolution of this motion. JLW [18] [7087695] [20-1729, 20-1730] (AG) [Entered: 06/17/2020 03:52 PM]
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| Filing 17 Motion filed by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA in 20-1729, 20-1730 to suspend briefing. [17] [7086265] [20-1729, 20-1730] (Dixon, Courtney) [Entered: 06/10/2020 02:36 PM] |
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Filing 16
ORDER: The motion to stay the preliminary injunction is DENIED. The temporary stay order issued on May 4, 2020, is VACATED. [ # 2 ] JLW [16] [7082230] [20-1729, 20-1730] (ER) [Entered: 05/20/2020 02:41 PM]
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| Filing 15 Filed Appellees Camelot Banquet Rooms, Inc., Downtown Juneau Investments, LLC, Midrad, LLC and PPH Properties I, LLC in 20-1729 Citation of Additional Authority, per Circuit Rule 28(e). [15] [7081374] [20-1729, 20-1730] (Olson, Jeff) [Entered: 05/15/2020 06:39 PM] |
| Filing 14 Filed Notice of Supplemental Authority by Appellees Camelot Banquet Rooms, Inc., Downtown Juneau Investments, LLC, Midrad, LLC and PPH Properties I, LLC in 20-1729. [14] [7080054] [20-1729, 20-1730] (Olson, Jeff) [Entered: 05/11/2020 10:59 AM] |
| Filing 13 Filed Reply by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA in 20-1729, 20-1730 to in Support of Motion for Stay. [13][7080044] [20-1729, 20-1730] (Dixon, Courtney) [Entered: 05/11/2020 10:45 AM] |
| Filing 12 Filed Response in Opposition by Appellee J.R. Schuster, LLC in 20-1730 to Government's Emergency Motion for Stay Pending Appeal. [12][7079860] [20-1730, 20-1729] (Watt, Nicholas) [Entered: 05/08/2020 03:56 PM] |
| Filing 11 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Nicholas C. Watt for Appellee J.R. Schuster, LLC in 20-1730. [11] [7079855] (L-Yes; E-Yes; R-No) [20-1730, 20-1729] (Watt, Nicholas) [Entered: 05/08/2020 03:51 PM] |
| Filing 10 Filed Response in Opposition by Appellees Camelot Banquet Rooms, Inc., Downtown Juneau Investments, LLC, Midrad, LLC and PPH Properties I, LLC in 20-1729 Attorney Jeff Scott Olson to Motion of Defendants-Appellants for Stay Pending Appeal (Dkt. # 4). [10][7079775] [20-1729, 20-1730] (Olson, Jeff) [Entered: 05/08/2020 01:04 PM] |
| Filing 9 Docketing Statement filed by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA. Prior or Related proceedings: Yes. Related to Camelot Banquet Rooms, LLC, et al.v. SBA, et al., 20-1729 (7th Cir) [9] [7078915] [20-1730] (Dixon, Courtney) [Entered: 05/05/2020 12:10 PM] |
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Filing 8
ORDER re: Government's Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay. The district court's preliminary injunction is temporarily STAYED pending resolution of this motion. The government shall reserve guarantee authority for potential loans to the appellees in the amount appellees previously applied for, but need not transmit any funds until after this court has ruled on the government's motion to stay the injunction pending appeal. Further, the appellees shall respond to the governments motion to stay on or before May 8, 2020. The government may file a reply on or before May 11, 2020. JLW [8] [7078722] [20-1729, 20-1730] (AD) [Entered: 05/04/2020 05:08 PM]
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Filing 7
ORDER: The court orders these appeals CONSOLIDATED for purposes of briefing and disposition: Appellant's brief due on or before 06/15/2020 for Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America. Appellee's brief due on or before 07/15/2020 for Camelot Banquet Rooms, Inc., Downtown Juneau Investments, LLC, Midrad, LLC, PPH Properties I, LLC and J.R. Schuster, LLC. Appellant's reply brief, if any, is due on or before 08/05/2020 for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America. DW [7] [7078703] [20-1729, 20-1730] (FP) [Entered: 05/04/2020 04:30 PM]
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| Filing 6 Appearance form filed by Attorney Jack Starcher for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA in 20-1730, 20-1729. [6] [7078609] (L-No; E-Yes; R-No) [20-1730, 20-1729] [6] [7078609] [20-1730, 20-1729]--[Edited 05/04/2020 by ER - added Attorney John Starcher to the docket] (Starcher, John) [Entered: 05/04/2020 02:46 PM] |
| Filing 5 Appearance form filed by Attorney Michael S. Raab for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA in 20-1730, 20-1729. [5] [7078580] (L-No; E-No; R-No) [20-1730, 20-1729] (Raab, Michael) [Entered: 05/04/2020 02:10 PM] |
| Filing 4 Filed Notice of District Court Order by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA. [4] [7078540] [20-1730] (Dixon, Courtney) [Entered: 05/04/2020 11:59 AM] |
| Filing 3 Added Attorney(s) Courtney Dixon for party(s) Appellant USA Appellant Steven T. Mnuchin Appellant United States Small Business Administration Appellant Jovita Carranza, in case 20-1730 per disclosure statement. Circuit Rule 26.1 Disclosure statement and Appearance form filed by Attorney Courtney L. Dixon for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA. [3] [7078447] (L-Yes; E-Yes; R-No) [20-1730]--[Edited 05/04/2020 by AD to reflect the addition of counsel and proper document filed.] (Dixon, Courtney) [Entered: 05/04/2020 10:00 AM] |
| Filing 2 Emergency motion filed by Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and USA for stay pending appeal and immediate administrative stay. [2] [7078444] [20-1729, 20-1730]--[Edited 05/04/2020 by CMD to reflect filed in both appeal numbers.] (AD) [Entered: 05/04/2020 09:53 AM] |
| Filing 1 U.S. civil case docketed. U.S. Appeal. Transcript information sheet due by 05/18/2020. Docketing Statement due for Appellants Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America by 05/11/2020. Appellant's brief due on or before 06/15/2020 for Jovita Carranza, Steven T. Mnuchin, United States Small Business Administration and United States of America. [1] [7078440] [20-1730] (AD) [Entered: 05/04/2020 09:48 AM] |
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| Defendant / appellant: UNITED STATES OF AMERICA | |
| Represented By: | Emily A. Constantine |
| Represented By: | Courtney Dixon |
| Represented By: | John Starcher |
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| Defendant / appellant: JOVITA CARRANZA, in her Official Capacity as Administrator of the Small Business Administration | |
| Represented By: | Emily A. Constantine |
| Represented By: | Courtney Dixon |
| Represented By: | John Starcher |
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| Defendant / appellant: UNITED STATES SMALL BUSINESS ADMINISTRATION | |
| Represented By: | Emily A. Constantine |
| Represented By: | Courtney Dixon |
| Represented By: | John Starcher |
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| Defendant / appellant: STEVEN T. MNUCHIN, in his Official Capacity as United States Secretary of Treasury | |
| Represented By: | Emily A. Constantine |
| Represented By: | Courtney Dixon |
| Represented By: | John Starcher |
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| Plaintiff / appellee: J.R. SCHUSTER, LLC | |
| Represented By: | Nicholas C. Watt |
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