JANI-KING INTERNATIONAL, INC. et al v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al
| Jani-King International, Inc., Ohio Services-CLE, Inc., Jani-King Franchising, Inc., A AND A ENTERPRISES, LLC, OHIO SERVICES-CLE, LLC, OHIO SERVICES-CLE, LLC a limited liability company organized under the laws of the State of Ohio doing business as JANI-KING OF CLEVELAND and A AND A ENTERPRISES, LLC a limited liability company organized under the laws of the State of Mississippi doing business as JANI-KING |
| JOVITA CARRANZA and UNITED STATES SMALL BUSINESS ADMINISTRATION |
| SMALL BUSINESS ADMINISTRATION |
| 1:2020cv00989 |
| April 15, 2020 |
| US District Court for the District of Columbia |
| Trevor N McFadden |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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This docket was last retrieved on May 22, 2020. A more recent docket listing may be available from PACER.
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Filing 34
ORDER. It is hereby ORDERED that the Plaintiffs' #17 Motion for Summary Judgment and the Defendants' #16 Motion for Summary Judgment are DENIED without prejudice, and further ORDERED that this matter is STAYED for a period of six months from the date of this Order. SO ORDERED. See attached for further details. Signed by Judge Trevor N. McFadden on 5/22/2020. (lctnm3)
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| Case Stayed. (hmc) |
| Filing 33 STATUS REPORT Responsive to Order of May 18, 2020 by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: #1 Text of Proposed Order)(Sur, Indraneel) |
| Filing 32 STATUS REPORT re: Stay of Litigation by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC. (Attachments: #1 Text of Proposed Order (Plaintiffs' Proposed Order Denying Parties' Motions for Summary Judgment and Staying Litigation))(Lockerby, Michael) |
| Filing 31 NOTICE of Appearance by Frank S. Murray, Jr on behalf of All Plaintiffs (Murray, Frank) |
| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Motion Hearing held on 5/18/2020. Plaintiff's #6 Motion for Preliminary Injunction, withdrawn. Joint proposed stay order due by 5/20/2020. (Court Reporter: Crystal Pilgrim.) (hmc) |
| Filing 30 ERRATA re #17 by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Attachments: #1 Statement of Facts (First Amendment to Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Judgment), #2 Exhibit A - PPP Loan Forgiveness Application Form, SBA Form 3508 (May 15, 2020))(Lockerby, Michael) Modified event title on 5/20/2020 (znmw). |
| Set/Reset Hearings: Motion Hearing RESHCHEDULED to 5/18/2020 at 2:00 PM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) |
| Filing 29 NOTICE of Filing Document Produced by SBA as Part of Preliminary Administrative Record by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC re #17 MOTION for Summary Judgment (Attachments: #1 Exhibit A)(Haake, Jack) |
| Filing 28 NOTICE OF LATE FILING AND CORRECTION by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Lockerby, Michael) |
| Filing 27 REPLY to opposition to motion re #17 MOTION for Summary Judgment CORRECTED filed by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC. (Attachments: #1 Exhibit A (AR 513 JK Inquiry to Franchise Mailbox), #2 Exhibit B (Paycheck Protection Program frequently Asked Questions), #3 Exhibit C (AR 505-509 Lender Inquiry to SBA), #4 Exhibit D (CARES Act Section 1106))(Lockerby, Michael) |
| Filing 26 ENTERED IN ERROR.....REPLY to opposition to motion re #17 MOTION for Summary Judgment filed by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC. (Lockerby, Michael) Modified on 5/14/2020 (zeg). |
| NOTICE OF CORRECTED DOCKET ENTRY: re #26 Reply to opposition to Motion, was entered in error and counsel has refiled document in Docket Entry #27 . (eg) |
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MINUTE ORDER. It is hereby ORDERED that the telephonic Motion Hearing currently scheduled on May 15, 2020, is RESCHEDULED to May 18, 2020 at 2 p.m. before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/14/2020. (lctnm3)
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| Filing 25 REPLY to opposition to motion re #16 MOTION for Summary Judgment filed by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: #1 Affidavit 3d Decl of S. Olear)(Sur, Indraneel) |
| Filing 24 Memorandum in opposition to re #17 MOTION for Summary Judgment filed by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: #1 Affidavit 2d Decl. of S. Olear, #2 Text of Proposed Order Prp Order)(Sur, Indraneel) |
| Filing 23 Memorandum in opposition to re #16 MOTION for Summary Judgment filed by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC. (Attachments: #1 Exhibit A (SBA Form 1920), #2 Exhibit B (April 16, 2020 Wall Street Journal Article), #3 Exhibit C (Jani-King Franchising, Inc. FDD), #4 Statement of Facts (Plaintiffs' Response to the SBA's Statement of Undisputed Material Facts), #5 Text of Proposed Order Denying the SBA's Motion for Summary Judgment and Granting Plaintiffs' Motion for Summary Judgment)(Lockerby, Michael) |
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Filing 22
ORDER granting the parties' #20 Joint Motion for Protective Order and entering the same. Signed by Judge Trevor N. McFadden on 5/11/2020. (lctnm3)
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| Filing 21 NOTICE OF CORRECTION by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC re #17 MOTION for Summary Judgment (Attachments: #1 Exhibit Corrected Exhibit A to Declaration of Sean Ayres (Dkt. #17-4) (pp. 7-41 of 87))(Lockerby, Michael) |
| Filing 20 Joint MOTION for Protective Order by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION (Attachments: #1 Text of Proposed Order Proposed Protective Order)(Sur, Indraneel) |
| Filing 19 ERRATA with Corrected Memorandum of Law by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION #16 MOTION for Summary Judgment filed by UNITED STATES SMALL BUSINESS ADMINISTRATION, JOVITA CARRANZA. (Attachments: #1 Errata Comparison to Original)(Sur, Indraneel) |
| Filing 18 NOTICE of Appearance- Pro Bono by Peter Loh on behalf of All Plaintiffs (Loh, Peter) |
| Filing 17 MOTION for Summary Judgment by A AND A ENTERPRISES, LLC, JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Paul Meister, #4 Declaration of Sean Ayres, #5 Declaration of Joseph S. Carollo, #6 Declaration of Jerry A. Snyder)(Lockerby, Michael) |
| Filing 16 MOTION for Summary Judgment by JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION (Attachments: #1 Affidavit Decl. of Stephen J. Olear, #2 Text of Proposed Order)(Sur, Indraneel) |
| NOTICE OF CORRECTED DOCKET ENTRY: re #14 Amended Complaint was entered in error at the request of counsel. Duplicate to Docket Entry #13 . (eg) |
| Filing 15 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by A and A Enterprises, LLC (Lockerby, Michael) |
| Filing 14 ENTERED IN ERROR.....AMENDED COMPLAINT against All Defendants filed by A and A Enterprises, LLC.(Lockerby, Michael) Modified on 4/28/2020 (eg). |
| Filing 13 AMENDED COMPLAINT against All Defendants filed by JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC, JANI-KING FRANCHISING, INC., A and A Enterprises, LLC. (Attachments: #1 Declaration (Verification of Jani-King International, Inc.), #2 Declaration (Verification of Jani-King, #3 Declaration (Verification of Ohio Services-CLE, LLC), #4 Declaration (Verification of A and A Enterprises, LLC), #5 Exhibit A - CARES Act, #6 Exhibit B - 13 CFR 121.301, #7 Exhibit C - SOP 50 10 5(K), #8 Exhibit D - Ohio Services Lender Application Form, #9 Exhibit E - 4-6-20 Email to Ohio Services, #10 Exhibit F - 4-7-2020 Email to Ohio Services, #11 Exhibit G - 4-27-2020 Email re SBA Franchise Directory Listing, #12 Exhibit H - Interim Final Rule, #13 Exhibit I - PPP Lender Application Form)(Lockerby, Michael) Modified on 4/28/2020 to add filer/correct docket text (eg). |
| Set/Reset Deadlines/Hearings: Plaintiffs' Amended Complaint due by 4/27/2020. Dispositive motions due by 5/4/2020. Oppositions due by 5/11/2020. Replies due by 5/13/2020. Telephonic Motion Hearing set for 5/15/2020 at 2:00 PM before Judge Trevor N. McFadden. (hmc) Modified on 5/14/2020 to correct time of Motion Hearing (hmc). |
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MINUTE ORDER. Upon consideration of the parties' #12 Joint Status Report, the following schedule is hereby ORDERED: Plaintiffs' Amended Complaint due: April 27, 2020; dispositive motions due: May 4, 2020; Oppositions to dispositive motions due: May 11, 2020; Replies in support of dispositive motions due: May 13, 2020; telephonic Motion Hearing before Judge Trevor N. McFadden: May 15, 2020 at 2 p.m. Dial-in information will be emailed to counsel and may be obtained by contacting Judge McFadden's Courtroom Deputy, Michelle Chaclan, at Michelle_Chaclan@dcd.uscourts.gov or (202) 354-3455. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/27/2020. (lctnm3)
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| Filing 12 Joint STATUS REPORT by JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC. (Lockerby, Michael) |
| Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 4/23/2020. #6 Motion for Temporary Restraining Order, heard and denied. Motion for Preliminary Injunction held in abeyance. Joint Status Report due by the end of the day on 4/24/2020. (Court Reporter: Crystal Pilgrim.) (hmc) |
| Filing 11 Memorandum in opposition to re #6 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: #1 Exhibit AAPC mem op, #2 Exhibit #2 SBA Info Notice, #3 Exhibit #3 SOP excerpt, #4 Text of Proposed Order)(Sur, Indraneel) |
| Filing 10 NOTICE of Appearance by Indraneel Sur on behalf of All Defendants (Sur, Indraneel) |
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MINUTE ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Trevor N. McFadden on 4/22/2020. (lctnm3)
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| Filing 9 NOTICE OF SUPPLEMENTAL AUTHORITY by JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Attachments: #1 Exhibit A - SBA Website Description of Paycheck Protection Program, #2 Exhibit B - SBA Lender Application Form for PPP Loan)(Lockerby, Michael) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter L. Loh, Filing fee $ 100, receipt number ADCDC-7044404. Fee Status: Fee Paid. by JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Attachments: #1 Declaration of Peter L. Loh, #2 Text of Proposed Order Granting Pro Hac Vice Motion of Peter L. Loh)(Lockerby, Michael) |
| Set/Reset Deadlines/Hearings: Defendants' response to Plaintiffs' #6 Motion due by noon on 4/22/2020. Motion Hearing set for 4/23/2020 at 2:00 PM before Judge Trevor N. McFadden. (hmc) |
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MINUTE ORDER. It is hereby ORDERED that the Defendants shall file their response to the Plaintiffs' #6 Motion for Temporary Restraining Order and Preliminary Injunction by noon on April 22, 2020; and further ORDERED that the parties shall appear by telephone for a Motion Hearing on April 23, 2020, at 2 p.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/20/2020. (lctnm3)
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| Filing 7 NOTICE of Appearance by James J. Gilligan on behalf of All Defendants (Gilligan, James) |
| Filing 6 WITHDRAWN PURSUANT TO MINUTE ENTRY OF 5/18/2020..... MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by JANI-KING FRANCHISING, INC., JANI-KING INTERNATIONAL, INC., OHIO SERVICES-CLE, LLC (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion for TRO and Preliminary Injunction, #2 Memorandum in Support of Plaintiffs' Motion for TRO and Preliminary Injunction, #3 Declaration of Joseph S. Carollo)(Lockerby, Michael). Added MOTION for Preliminary Injunction on 4/20/2020 (eg). Modified on 5/20/2020 (znmw). |
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Filing 5
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/17/2020. (lctnm3)
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| Filing 4 SUMMONS (4) Issued Electronically as to JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmc) |
| Case assigned to Judge Trevor N. McFadden. (zmc) |
| Filing 3 REQUEST FOR SUMMONS TO ISSUE re #1 Complaint,, filed by Jani-King International, Inc., Ohio Services-CLE, Inc., Jani-King Franchising, Inc.. Related document: #1 Complaint,, filed by Jani-King International, Inc., Ohio Services-CLE, Inc., Jani-King Franchising, Inc..(Haake, Jack) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Jani-King Franchising, Inc., Jani-King International, Inc., Ohio Services-CLE, Inc. (Lockerby, Michael) |
| Filing 1 COMPLAINT against JOVITA CARRANZA, SMALL BUSINESS ADMINISTRATION ( Filing fee $ 400 receipt number ADCDC-7025299) filed by Jani-King International, Inc., Ohio Services-CLE, Inc., Jani-King Franchising, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (CARES Act PPP Provisions), #3 Exhibit B (SBA 3425), #4 Exhibit C (Regulations), #5 Exhibit D (SOP), #6 Exhibit E (Ohio Services Application), #7 Exhibit F (4-6-2020 Gillespie Email), #8 Exhibit G (4-7-2020 Gillespie Email))(Lockerby, Michael) |
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