PAYDAY LOAN, LLC v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al
| PAYDAY LOAN LLC and PAYDAY LOAN LLC doing business as PAYDAY MONEY CENTERS |
| JOVITA CARRANZA, UNITED STATES SMALL BUSINESS ADMINISTRATION and UNITED STATES OF AMERICA |
| 1:2020cv01084 |
| April 25, 2020 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Other Statutory Actions |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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| Filing 17 NOTICE of Voluntary Dismissal by PAYDAY LOAN LLC (Hatfield, Christopher) |
| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Status Conference held on 5/8/2020. Scheduling Order to be issued by the Court. (Court Reporter: Janice Dickman) (jth) |
MINUTE ORDER. In light of the information set forth in plaintiff's [15-1] Third Declaration of John Blake-Zuniga and the matters discussed during the telephone conference held on May 8, 2020, plaintiff is ordered to show cause by May 13, 2020 why this case should not be dismissed for lack of subject matter jurisdiction under Fed. R. Civ. Proc. 12(h)(3). Defendant's response will be due on May 18. The submissions must address the questions of whether the allegations in the complaint concerning the right to apply for and obtain loans under the Paycheck Protection Program are moot, and whether plaintiff's stated concerns related to eventual loan forgiveness are ripe. Plaintiff must also update the Court on the status of the loan referenced in the Third Declaration. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/8/2020. (lcabj3)
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| Filing 16 NOTICE of Appearance by Jeremy Rosenblum on behalf of PAYDAY LOAN LLC (Rosenblum, Jeremy) |
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MINUTE ORDER. A Telephone Conference Call in this case is set for 5/8/2020 at 1:00 PM before Judge Amy Berman Jackson. Counsel for the parties will be notified by the Court's Deputy Clerk of the dial in number and pass code to allow them access to the call.SO ORDERED. By Judge Amy Berman Jackson on 5/7/2020. (jth)
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| Filing 15 AFFIDAVIT re #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction by PAYDAY LOAN LLC. (Attachments: #1 Declaration of John Blake-Zuniga)(Hatfield, Christopher) |
| Filing 14 RESPONSE re Order,,, Set Deadlines,, filed by PAYDAY LOAN LLC. (Hatfield, Christopher) |
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MINUTE ORDER. In light of plaintiff's statement that "[t]his is a simple case of statutory construction," Pl.'s Emergency Mot. for Entry of Temporary Restraining Order and Preliminary Injunction, Dkt. #2 , and its allegation that "SBA lacked authority to promulgate regulations which restricted the businesses eligible for PPP Loans," Compl., Dkt. #1 paragraph 59, plaintiff must inform the Court whether it is correct that it is asking the Court to hold unlawful and set aside the regulation as in excess of statutory jurisdiction or authority under 5 U.S.C. section 706(2)(C) by May 7, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/6/2020. (lcabj3)
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| Filing 13 NOTICE of Filing of SBA Standard Operating Procedure by JOVITA CARRANZA, UNITED STATES OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION re Order, (Attachments: #1 Exhibit SBA SOP 50-10-5(K))(Sur, Indraneel) |
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MINUTE ORDER. The link to the SBA's Standard Operating Procedure provided on page two of Ex. A to the Complaint Dkt. # [1-1] is inoperative. Defendant, therefore, must file a supplemental pleading by May 3, 2020 attaching copies of each of the four interim rules. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/3/2020. (lcabj3)
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MINUTE ORDER. The Court clarifies its MINUTE ORDER as follows: As noted in the Minute Order issued today, the link to the SBA's Standard Operating Procedure included in the first interim final rule, Ex. A [1-1] to the complaint, is inoperative. The defendants are hereby ORDERED to provide the Court with the full text of the SBA's Standard Operating Procedure by May 4, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/3/2020. (lcabj3)
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| Filing 12 NOTICE OF SUPPLEMENTAL AUTHORITY by PAYDAY LOAN LLC (Attachments: #1 Exhibit 1)(Hatfield, Christopher) |
| Filing 11 REPLY to opposition to motion re #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction (Defendants' Reply in Support of Their Motion to Dismiss) filed by JOVITA CARRANZA, UNITED STATES OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Gilligan, James) |
| Set/Reset Deadlines: The defendants may file a reply by 5/1/2020, if there is any additional authority they seek to provide to the court. (jth) |
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MINUTE ORDER. The Court held a telephonic status conference with the parties on April 28, 2020, during which the parties agreed to consolidate the plaintiff's motion for a temporary restraining order and preliminary injunction with an adjudication of the merits under Fed. R. Civ. Proc. 65(a)(2). In order to rule on the merits, the Court will deem defendants' #8 opposition to the motion for preliminary injunction to be a motion to dismiss for failure to state a claim upon which relief can be granted and plaintiff's #9 reply to be an opposition to that motion. The defendants may file a reply by May 1, 2020, if there is any additional authority they seek to provide to the court; no reply is needed to merely repeat arguments already set forth in #8 the opposition. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/30/2020. (lcabj3)
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| Filing 10 AFFIDAVIT re #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Supplemental Declaration of John Blake-Zuniga by PAYDAY LOAN LLC. (Attachments: #1 Declaration of John Blake-Zuniga)(Hatfield, Christopher) |
| Filing 9 REPLY to opposition to motion re #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by PAYDAY LOAN LLC. (Hatfield, Christopher) |
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MINUTE ORDER granting #3 #4 Motions for Leave of Sarah T. Reise and Jeremy T. Rosenblum to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. 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 Amy Berman Jackson on 4/28/20. (DMK)
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MINUTE ORDER. During a telephonic conference conducted with the parties on April 28, 2020, with the consent of the parties, the Court deemed the #2 motion for a temporary restraining order to be a motion for a preliminary injunction and consolidated the motion with the merits pursuant to Fed. R. Civ. Proc. 65(a)(2). Signed by Judge Amy Berman Jackson on 4/28/2020. (lcabj3)
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| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Scheduling Conference Call held on 4/28/2020. (Court Reporter: Janice Dickman) (jth) |
| Filing 8 Memorandum in opposition to re #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by JOVITA CARRANZA, UNITED STATES OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: #1 Exhibit Jani-King Order (D.D.C.), #2 Exhibit Flandreau Order (D.S.D.), #3 Exhibit Infinity Consulting Order (D.Md.))(Sur, Indraneel) |
| Filing 7 ERRATA Attaching Redacted Exhibit by PAYDAY LOAN LLC #2 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by PAYDAY LOAN LLC. (Attachments: #1 Exhibit 1 - Declaration of John Blake-Zuniga)(Hatfield, Christopher) |
| Filing 6 NOTICE of Appearance by Indraneel Sur on behalf of All Defendants (Sur, Indraneel) |
| Filing 5 NOTICE of Appearance by James J. Gilligan on behalf of All Defendants (Gilligan, James) |
| Case Assigned to Judge Amy Berman Jackson. (zsb) |
| Set/Reset Hearings: A Telephone Scheduling Conference Call is set for 4/28/2020 at 10:00 AM in Chambers before Judge Amy Berman Jackson. Counsel for the parties will be notified by the Court's Deputy Clerk of the dial in number and pass code to allow them access to the call. (jth) |
| SUMMONS Not Issued as to JOVITA CARRANZA, UNITED STATES OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION (zsb) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy T. Rosenblum, Filing fee $ 100, receipt number ADCDC-7059906. Fee Status: Fee Paid. by PAYDAY LOAN LLC (Attachments: #1 Declaration of Jeremy T. Rosenblum, #2 Text of Proposed Order)(Hatfield, Christopher) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sarah T. Reise, Filing fee $ 100, receipt number ADCDC-7059905. Fee Status: Fee Paid. by PAYDAY LOAN LLC (Attachments: #1 Declaration of Sarah Reise, #2 Text of Proposed Order)(Hatfield, Christopher) |
| Filing 2 Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by PAYDAY LOAN LLC (Attachments: #1 Exhibit 1 - Declaration of John Blake-Zuniga, #2 Text of Proposed Order, #3 Text of Proposed Order)(Hatfield, Christopher) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7059892) filed by PAYDAY LOAN LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Hatfield, Christopher) |
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