DV Diamond Club of Flint, LLC v. Small Business Administration, an agency of the United States et al
| DV Diamond Club of Flint, LLC, Penn Ave Hospitality, LLC, DB Entertainment, Inc., Vonch, LLC, The Oxnard Hospitality Services, Inc., Stone Park Entertainment, Inc., High Expectations Hospitality, LLC, Seventy7, LLC, Heritage Management Services, Inc., Farmdale Hospitality Services, Inc., MAG Entertainment, LLC, T and N Incorporated, Santa Maria Restaurant Enterprises, Inc., MAG Enterprises, Inc., The Spearmint Rhino Adult Superstore, Inc., The Spearmint Rhino Companies Worldwide, Inc., Burch Management Company, Inc., Rialto Pockets, Inc., Nitelife, Inc., 2740 Corporation, K-Kel, Inc., Platinum SJ Enterprise, Oasis on Essington, LTD, World Class Ventures, LLC, Club Cabaret, Inc., Ferney Properties, LLC, VC Lauderdale, Inc., Benelux Corporation, Midnight Sun Enterprises, Inc., Inland Restaurant Venture I, Inc., Kentucky Hospitality Venture, LLC, L.C.M., LLC, Brookhurst Venture, LLC, City of Industry Hospitality Venture, Inc., Saries Lounge, LLC, Millennium Restaurants Group, Inc., BDS Restaurant, Inc., Filosadelfia, LLC, W.P.B. Hospitality, LLC, King Bee, Inc., Washington Management, LLC, East Coast Restaurant & Nightclubs, LLC, Santa Barbara Hospitality Services, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., PNM Enterprises, Inc., Polmour, Inc., MAG Pitt LP, Peoria Speakeasy, Inc., Kimmico, Inc., JCB of Gainesville, Inc. and Olympic Avenue Venture, Inc. |
| Treasury, Secretary of, Small Business Administration, an agency of the United States, United States of America and Small Business Administration, Administrator of |
| 689 Eatery Corp, GJJM Enterprises LLC and 725 Eatery Corp |
| 4:2020cv10899 |
| April 8, 2020 |
| US District Court for the Eastern District of Michigan |
| David R. Grand |
| Matthew F Leitman |
| Civil Rights: Other |
| 15 U.S.C. § 631 |
| None |
Docket Report
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Filing 53
ORDER Granting Plaintiffs' #49 Amended Motion for Leave to File Corrected Second Amended Complaint. Signed by District Judge Matthew F. Leitman. (HMon)
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Minute Entry for proceedings before District Judge Matthew F. Leitman: Zoom Status Conference held on 6/10/2020. (Court Reporter: Peg Goodrich) (HMon)
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Filing 52
RESPONSE to #49 Amended MOTION for Leave to File Corrected Second Amended Complaint (Defendants' Opposition to Plaintiffs' Corrected Motion for Leave to File Corrected Second Amended Complaint) filed by All Defendants. (Gilligan, James)
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Filing 51
NOTICE TO APPEAR VIA ZOOM: Zoom Status Conference set for 6/10/2020 at 9:00 AM before District Judge Matthew F. Leitman. **THE CONFERENCE WILL TAKE PLACE VIA ZOOM. PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE CONFERENCE** (HMon)
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Filing 50
NOTICE by All Plaintiffs of withdrawal of #40 MOTION for Leave to File Second Amended Complaint by Consent in Favor of #49 Corrected Motion for Leave to File Corrected Second Amended Complaint. (Hoffer, Matthew)
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Filing 49
Amended MOTION for Leave to File Corrected Second Amended Complaint by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Corrected Second Amended Compliant - With Verifications, Without Exhibits, #3 Exhibit B - Corrected Second Amended Complaint - Redline/Track Change Format) (Hoffer, Matthew)
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Filing 48
ORDER from U.S. Court of Appeals - Sixth Circuit re #44 Notice of Appeal filed by Small Business Administration, an agency of the United States, Small Business Administration, Administrator of, United States of America, Treasury, Secretary of [Appeal Case Number 20-1437] (SKra)
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Filing 47
ORDER Granting in Part and Denying in Part Defendants' #45 Emergency Motion to Stay. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 46
Certificate of Service re #44 Notice of Appeal. (NAhm)
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Filing 45
Emergency MOTION to Stay re #42 Order on Motion for TRO, Order on Motion for Preliminary Injunction, (Emergency Motion for Stay of the Court's May 11,2020, Preliminary Injunction Pending Appeal, or, in the Alternative, for a Thirty-Six Hour Extension of Time to Comply) by All Defendants. (Gilligan, James)
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Filing 44
NOTICE OF APPEAL by All Defendants re #42 Order on Motion for TRO, Order on Motion for Preliminary Injunction,. Fee Status: No Fee Paid. (Gilligan, James)
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Filing 43
DECLARATION by Verifying Second Amended Complaint re #41 Amended Complaint,, filed by Club Cabaret, Inc., Heritage Management Services, Inc., Kimmico, Inc., MAG Entertainment, LLC, Oasis on Essington, LTD, Peoria Speakeasy, Inc., Vonch, LLC (Attachments: #1 Index of Exhibits, #2 Exhibit A - Verification as to MAG Entertainment, LLC and Oasis on Essington, LTD, #3 Exhibit B - Verification as to Club Cabaret, Inc., #4 Exhibit C - Verification as to Heritage Management Services, inc., #5 Exhibit D - Verification as to Kimmico, Inc., #6 Exhibit E - Verification as to Peoria Speakeasy, Inc., #7 Exhibit F - Verification as to Vonch, LLC) (Hoffer, Matthew)
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Filing 42
OPINION AND ORDER Granting Plaintiffs' and Intervenors' #12 and #23 Motions for a Preliminary Injunction. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 41
AMENDED COMPLAINT SECOND filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit A - PPP Provisions of the CARES Act, #3 Exhibit B - SBA 3245-AH34, #4 Exhibit C - 60 Fed. Reg. 64356 et seq., #5 Exhibit D - 13 C.F.R 120.110, #6 Exhibit E - SBA Standard Operating Procedure 50 10 5(K), #7 Exhibit F - Exemplar SBA PPP Loan Application, #8 Exhibit G - Lender PPP Supplemental Information Form, #9 Exhibit H - DV's SBA PPP Borrower Application, #10 Exhibit I - Lender Denial to BDS, DB, Millennium, T&N and Burch, #11 Exhibit J - Lender Denial to Ferny Properties) (Hoffer, Matthew)
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Filing 40
MOTION for Leave to File Second Amended Complaint by Consent by All Plaintiffs. (Attachments: #1 Exhibit A - proposed Second Amended Complaint) (Hoffer, Matthew)
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Filing 39
NOTICE by All Plaintiffs Plaintiffs' Notice of Filing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Garrell, Peter)
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Minute Entry for proceedings before District Judge Matthew F. Leitman: Motion Hearing held on 5/5/2020 re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by 2740 Corporation, Burch Management Company, Inc., L.C.M., LLC, World Class Ventures, LLC, Platinum SJ Enterprise, Nitelife, Inc., DV Diamond Club of Flint, LLC, K-Kel, Inc., Rialto Pockets, Inc., City of Industry Hospitality Venture, Inc., MAG Pitt LP, W.P.B. Hospitality, LLC, Benelux Corporation, JCB of Gainesville, Inc., The Spearmint Rhino Adult Superstore, Inc., Midnight Sun Enterprises, Inc., Seventy7, LLC, Farmdale Hospitality Services, Inc., BDS Restaurant, Inc., PNM Enterprises, Inc., Washington Management, LLC, Stone Park Entertainment, Inc., The Oxnard Hospitality Services, Inc., High Expectations Hospitality, LLC, Santa Maria Restaurant Enterprises, Inc., Penn Ave Hospitality, LLC, Filosadelfia, LLC, Santa Barbara Hospitality Services, Inc., Millennium Restaurants Group, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., Inland Restaurant Venture I, Inc., VC Lauderdale, Inc., Polmour, Inc., MAG Enterprises, Inc., The Spearmint Rhino Companies Worldwide, Inc., Brookhurst Venture, LLC, Kentucky Hospitality Venture, LLC, T and N Incorporated, Saries Lounge, LLC, Olympic Avenue Venture, Inc., DB Entertainment, Inc. Disposition: Motion Taken Under Advisement. (Court Reporter: Peg Goodrich) (HMon)
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Filing 38
NOTICE by All Defendants Notice of Filing (Attachments: #1 Attachment (7th Cir. Stay Order)) (Gilligan, James)
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Filing 37
NOTICE OF CONTINUED HEARING on #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction . ZOOM Motion Hearing set for 5/5/2020 at 9:30 AM before District Judge Matthew F. Leitman. **THE HEARING WILL TAKE PLACE VIA ZOOM. PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE HEARING** (HMon)
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Filing 36
NOTICE by All Plaintiffs re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction Supplemental Authority (Attachments: #1 Exhibit Preliminary Injunction Order in Camelot Banquet) (Edinger, Gary)
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Filing 35
NOTICE by All Defendants of Supplement Authority (Attachments: #1 Attachments) (Gilligan, James)
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Filing 34
SUPPLEMENTAL BRIEF re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by All Plaintiffs. (Hoffer, Matthew)
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Filing 33
Bench Order rendered at a hearing held on 4/30/2020 before District Judge Matthew F. Leitman: Granting #22 Motion to Intervene. (TEXT-ONLY, NO IMAGE ATTACHED) (HMon)
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Minute Entry for proceedings before District Judge Matthew F. Leitman: Motion Hearing held on 4/30/2020 re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by 2740 Corporation, Burch Management Company, Inc., L.C.M., LLC, World Class Ventures, LLC, Platinum SJ Enterprise, Nitelife, Inc., DV Diamond Club of Flint, LLC, K-Kel, Inc., Rialto Pockets, Inc., City of Industry Hospitality Venture, Inc., MAG Pitt LP, W.P.B. Hospitality, LLC, Benelux Corporation, JCB of Gainesville, Inc., The Spearmint Rhino Adult Superstore, Inc., Midnight Sun Enterprises, Inc., Seventy7, LLC, Farmdale Hospitality Services, Inc., BDS Restaurant, Inc., PNM Enterprises, Inc., Washington Management, LLC, Stone Park Entertainment, Inc., The Oxnard Hospitality Services, Inc., High Expectations Hospitality, LLC, Santa Maria Restaurant Enterprises, Inc., Penn Ave Hospitality, LLC, Filosadelfia, LLC, Santa Barbara Hospitality Services, Inc., Millennium Restaurants Group, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., Inland Restaurant Venture I, Inc., VC Lauderdale, Inc., Polmour, Inc., MAG Enterprises, Inc., The Spearmint Rhino Companies Worldwide, Inc., Brookhurst Venture, LLC, Kentucky Hospitality Venture, LLC, T and N Incorporated, Saries Lounge, LLC, Olympic Avenue Venture, Inc., DB Entertainment, Inc. Disposition: Motion Taken Under Advisement. ECF # 22 - Motion to Intervene Granted. (Court Reporter: Peg Goodrich) (HMon)
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TEXT-ONLY ORDER Granting #30 Second MOTION to Seal #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by 2740 Corporation, Burch Management Company, Inc., L.C.M., LLC, World Class Ventures, LLC, Platinum SJ Enterprise, Nitelife, Inc., DV Diamond Club of Flint, LLC, K-Kel, Inc., Rialto Pockets, Inc., City of Industry Hospitality Venture, Inc., MAG Pitt LP, W.P.B. Hospitality, LLC, Benelux Corporation, JCB of Gainesville, Inc., The Spearmint Rhino Adult Superstore, Inc., Midnight Sun Enterprises, Inc., Seventy7, LLC, Farmdale Hospitality Services, Inc., BDS Restaurant, Inc., PNM Enterprises, Inc., Washington Management, LLC, Stone Park Entertainment, Inc., The Oxnard Hospitality Services, Inc., High Expectations Hospitality, LLC, Santa Maria Restaurant Enterprises, Inc., Penn Ave Hospitality, LLC, Filosadelfia, LLC, Santa Barbara Hospitality Services, Inc., Millennium Restaurants Group, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., Inland Restaurant Venture I, Inc., VC Lauderdale, Inc., Polmour, Inc., MAG Enterprises, Inc., The Spearmint Rhino Companies Worldwide, Inc., Brookhurst Venture, LLC, Kentucky Hospitality Venture, LLC, T and N Incorporated, Saries Lounge, LLC, Olympic Avenue Venture, Inc., DB Entertainment, Inc.. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 32
NOTICE by All Plaintiffs Re Potential Discovery Dispute (Attachments: #1 Exhibit A - Notice of 30b6 Deposition of SBA Representative, #2 Exhibit B - SBA Objections to Notice of 30b6 Deposition) (Hoffer, Matthew)
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Filing 31
SEALED EXHIBIT Notice of Filing Sealed Exhibits re #30 Second MOTION to Seal #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit D - Lender Denial to Non-Party, #2 Exhibit E - SBA EMail to Lender of Non-Party, #3 Exhibit F - Denial Letter to JCB of Gainesville, Inc.) (Hoffer, Matthew)
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Filing 30
Second MOTION to Seal #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit D - Lender Denial to Non-Party, #2 Exhibit E - SBA Email to Lender of Non-Party, #3 Exhibit F - Denial Letter to JCB of Gainesville, Inc.) (Hoffer, Matthew)
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Filing 29
Ex Parte MOTION for Leave to File Excess Pages re #28 Reply to Response to Reviewed Emergency Motion for Temporary Restraining Order or Preliminary Injunction by All Plaintiffs. (Hoffer, Matthew)
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Filing 28
REPLY to Response re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit P - Article re PPP Loan to Brothel, #3 Exhibit Q - SBA RIN 3245-AH34, #4 Exhibit R - SBA RIN 3245-AH35, #5 Exhibit S - SBA RIN 3245-AH36, #6 Exhibit T - CARES Act 1102 Lender Agreement) (Shafer, Bradley)
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TEXT-ONLY ORDER Granting #26 MOTION to Seal filed by 2740 Corporation, Burch Management Company, Inc., L.C.M., LLC, World Class Ventures, LLC, Platinum SJ Enterprise, Nitelife, Inc., DV Diamond Club of Flint, LLC, K-Kel, Inc., Rialto Pockets, Inc., City of Industry Hospitality Venture, Inc., MAG Pitt LP, W.P.B. Hospitality, LLC, Benelux Corporation, JCB of Gainesville, Inc., The Spearmint Rhino Adult Superstore, Inc., Midnight Sun Enterprises, Inc., Seventy7, LLC, Farmdale Hospitality Services, Inc., BDS Restaurant, Inc., PNM Enterprises, Inc., Washington Management, LLC, Stone Park Entertainment, Inc., The Oxnard Hospitality Services, Inc., High Expectations Hospitality, LLC, Santa Maria Restaurant Enterprises, Inc., Penn Ave Hospitality, LLC, Filosadelfia, LLC, Santa Barbara Hospitality Services, Inc., Millennium Restaurants Group, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., Inland Restaurant Venture I, Inc., VC Lauderdale, Inc., Polmour, Inc., MAG Enterprises, Inc., The Spearmint Rhino Companies Worldwide, Inc., Brookhurst Venture, LLC, Kentucky Hospitality Venture, LLC, T and N Incorporated, Saries Lounge, LLC, Olympic Avenue Venture, Inc., DB Entertainment, Inc.. Signed by District Judge Matthew F. Leitman. (HMon)
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TEXT-ONLY ORDER Granting #25 MOTION for Leave to File Excess Pages (re: Defendants' Brief in Oppostiion to Plaintiffs Renewed Emergency Motion fo rTemporary Restraining Order and Preliminary Injunction) filed by Small Business Administration, an agency of the United States, Small Business Administration, Administrator of, United States of America, Treasury, Secretary of. Signed by District Judge Matthew F. Leitman. (HMon)
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TEXT-ONLY ORDER Granting #29 Ex Parte MOTION for Leave to File Excess Pages re #28 Reply to Response to Reviewed Emergency Motion for Temporary Restraining Order or Preliminary Injunction filed by 2740 Corporation, Burch Management Company, Inc., L.C.M., LLC, World Class Ventures, LLC, Platinum SJ Enterprise, Nitelife, Inc., DV Diamond Club of Flint, LLC, K-Kel, Inc., Rialto Pockets, Inc., City of Industry Hospitality Venture, Inc., MAG Pitt LP, W.P.B. Hospitality, LLC, Benelux Corporation, JCB of Gainesville, Inc., The Spearmint Rhino Adult Superstore, Inc., Midnight Sun Enterprises, Inc., Seventy7, LLC, Farmdale Hospitality Services, Inc., BDS Restaurant, Inc., PNM Enterprises, Inc., Washington Management, LLC, Stone Park Entertainment, Inc., The Oxnard Hospitality Services, Inc., High Expectations Hospitality, LLC, Santa Maria Restaurant Enterprises, Inc., Penn Ave Hospitality, LLC, Filosadelfia, LLC, Santa Barbara Hospitality Services, Inc., Millennium Restaurants Group, Inc., Rouge Gentlemens Club, Inc., Spearmint Rhino Consulting Worldwide, Inc., Inland Restaurant Venture I, Inc., VC Lauderdale, Inc., Polmour, Inc., MAG Enterprises, Inc., The Spearmint Rhino Companies Worldwide, Inc., Brookhurst Venture, LLC, Kentucky Hospitality Venture, LLC, T and N Incorporated, Saries Lounge, LLC, Olympic Avenue Venture, Inc., DB Entertainment, Inc.. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 27
SEALED EXHIBIT Notice of Filing Unredacted Exhibits per E.D. Mich. LR 5.3(b)(3)(B)(iii) re #26 MOTION to Seal by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Hoffer - Unredacted, #2 Exhibit B - Declaration of Byrne - Unredacted, #3 Exhibit C - Declaration of Polakis - Unredacted) (Hoffer, Matthew)
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Filing 26
MOTION to Seal by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Hoffer - Redacted, #2 Exhibit B - Declaration of Byrne - Redacted, #3 Exhibit C - Declaration of Polakis - Redacted) (Hoffer, Matthew)
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Filing 25
MOTION for Leave to File Excess Pages (re: Defendants' Brief in Oppostiion to Plaintiffs Renewed Emergency Motion fo rTemporary Restraining Order and Preliminary Injunction) by All Defendants. (Gilligan, James)
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Filing 24
RESPONSE to #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction filed by All Defendants. (Attachments: #1 Exhibit 1 (SBA, Standard Operating Procedure, Lender & Dev. Co. Loan Programs) (excerpts), #2 Exhibit 2 (SBA, Interim Final Rule, Business Loan Program Temporary Changes; Paycheck Protection Program)) (Gilligan, James)
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Filing 23
MOTION for Temporary Restraining Order by 689 Eatery Corp, 725 Eatery Corp, GJJM Enterprises LLC. (Kinsley, Jennifer)
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Filing 22
MOTION to Intervene by 689 Eatery Corp, 725 Eatery Corp, GJJM Enterprises LLC. (Kinsley, Jennifer)
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Filing 21
NOTICE of Appearance by Peter E Garrell on behalf of Brookhurst Venture, LLC, City of Industry Hospitality Venture, Inc., Farmdale Hospitality Services, Inc., High Expectations Hospitality, LLC, Inland Restaurant Venture I, Inc., K-Kel, Inc., Kentucky Hospitality Venture, LLC, L.C.M., LLC, Midnight Sun Enterprises, Inc., Nitelife, Inc., Olympic Avenue Venture, Inc., PNM Enterprises, Inc., Penn Ave Hospitality, LLC, Platinum SJ Enterprise, Rialto Pockets, Inc., Rouge Gentlemens Club, Inc., Santa Barbara Hospitality Services, Inc., Santa Maria Restaurant Enterprises, Inc., Saries Lounge, LLC, Spearmint Rhino Consulting Worldwide, Inc., The Oxnard Hospitality Services, Inc., The Spearmint Rhino Adult Superstore, Inc., The Spearmint Rhino Companies Worldwide, Inc., W.P.B. Hospitality, LLC, Washington Management, LLC, World Class Ventures, LLC. (Garrell, Peter)
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Filing 20
NOTICE of Appearance by Gary S Edinger on behalf of JCB of Gainesville, Inc., VC Lauderdale, Inc.. (Edinger, Gary)
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Filing 19
NOTICE OF HEARING BY ZOOM on #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction. ZOOM Motion Hearing set for 4/30/2020 at 9:30 AM before District Judge Matthew F. Leitman. **PLEASE USE THE ZOOM LINK THAT WILL BE PROVIDED BY THE COURT TO PARTICIPATE IN THE HEARING** (HMon)
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Filing 18
ORDER Setting Briefing Schedule for Plaintiffs' #12 Renewed Emergency MOTION for Entry of a Temporary Restraining Order and/or Preliminary Injunction. Signed by District Judge Matthew F. Leitman. (HMon)
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Minute Entry for proceedings before District Judge Matthew F. Leitman: Status Conference held on 4/20/2020. Order to Follow. (Court Reporter: Peg Goodrich) (HMon)
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TEXT-ONLY ORDER Granting #17 MOTION for Leave to File Excess Pages Re: Renewed Emergency Motion for Temporary Restraining Order and for Preliminary Injunction. Signed by District Judge Matthew F. Leitman. (HMon)
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Filing 17
MOTION for Leave to File Excess Pages Re: Renewed Emergency Motion for Temporary Restraining Order and for Preliminary Injunction #12 by All Plaintiffs. (Hoffer, Matthew)
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Filing 16
EXHIBIT Notice of Filing Additional Exhibits re #12 Emergency MOTION for Temporary Restraining Order RenewedRenewed MOTION for Preliminary Injunction by All Plaintiffs (Attachments: #1 Exhibit N - SBA Brief with Highlighting, #2 Exhibit O - Email Chain with Bank Post-TRO) (Shafer, Bradley)
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Filing 15
DECLARATION by Athanases Stamatopoulos re #11 Amended Complaint,, Verification of First Amended Complaint filed by Benelux Corporation (Attachments: #1 Verification of First Amended Complaint) (Hoffer, Matthew)
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Filing 14
ATTORNEY APPEARANCE: Bradley J. Shafer appearing on behalf of All Plaintiffs (Shafer, Bradley)
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Filing 13
NOTICE TO APPEAR BY ZOOM: Status Conference set for 4/20/2020 at 9:30 AM before District Judge Matthew F. Leitman. **THIS HEARING WILL TAKE PLACE VIA ZOOM. PLEASE USE THE LINK PROVIDED BY THE COURT TO JOIN THE CONFERENCE** (HMon)
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Filing 12
Emergency MOTION for Temporary Restraining Order Renewed, Renewed MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit A - PPP Provisions of the CARES Act, #3 Exhibit B - SBA 3245, #4 Exhibit C - Congress Members' Letter to SBA Administrator Jovita Carranza and Secretary of the Treasury Steven Mnuchin, #5 Exhibit D - Order Granting TRO in Sister Case: Camelot Banquet Rooms v. SBA et al., #6 Exhibit E - List of Plaintiffs Denied PPP Benefits, #7 Exhibit F - House Committee on Small Business Letter to Secretary of the Treasury Steven Mnuchin and SBA Administrator Jovita Carranza, #8 Exhibit G - House Committee on Agriculture Letter to SBA Administrator Jovita Carranza, #9 Exhibit H - 60 Fed. Reg. 64356 et seq., #10 Exhibit I - 13 C.F.R 120.110, #11 Exhibit J - SBA Standard Operating Procedure 50 10 5(K), #12 Exhibit K - DVs SBA Paycheck Protection Program Borrower Application, Form 2483, #13 Exhibit L - Sample Bank Paycheck Protection Program Supplemental Information Form, #14 Exhibit M - PPP Loan Denial Letter to DB Entertainment) (Hoffer, Matthew)
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Filing 11
AMENDED COMPLAINT VERIFIED filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: #1 Index of Exhibits, #2 Exhibit A - PPP Provisions of the CARES Act, #3 Exhibit B - SBA 3245, #4 Exhibit C - 60 Fed. Reg. 64356 et seq., #5 Exhibit D - 13 C.F.R 120.110, #6 Exhibit E - SBA Standard Operating Procedure 50 10 5(K), #7 Exhibit F - Exemplar SBA PPP Loan Application, #8 Exhibit G - Lender, #9 Exhibit H - DV's SBA PPP Borrower Application, #10 Exhibit I - Lender Denial to BDS, DB, Millennium, T&N and Burch) (Hoffer, Matthew)
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NOTICE of Error directed to: Matthew J. Hoffer re #11 Amended Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (NAhm)
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Filing 10
NOTICE of Appearance by Peter A. Caplan on behalf of Small Business Administration, Administrator of, Small Business Administration, an agency of the United States, Treasury, Secretary of, United States of America. (Caplan, Peter)
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Filing 9
NOTICE of Appearance by James J. Gilligan on behalf of All Defendants. (Gilligan, James)
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Filing 8
NOTICE by DV Diamond Club of Flint, LLC of withdrawal of #6 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Ex Parte MOTION for Leave to File Excess Pages Re: Motion for Temporary Restraining Order and for Preliminary Injunction . (Hoffer, Matthew)
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Filing 7
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/9/2020 03:00 PM before District Judge Matthew F. Leitman. See notice for conference information. (AChu)
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Minute Entry for proceedings before District Judge Matthew F. Leitman: Telephonic Status Conference held on 4/9/2020. Plaintiff to withdraw emergency motion without prejudice. (Court Reporter: Peg Goodrich) (AChu)
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Filing 6
Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by DV Diamond Club of Flint, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - PPP provisions of the CARES Act, #3 Exhibit B - SBA 3245, #4 Exhibit C - 60 Fed. Reg. 64356, #5 Exhibit D - 13 C.F.R 120.110, #6 Exhibit E - SBA Standard Operating Procedures, #7 Exhibit F - SBA PPP Application of Plaintiff DV Diamond Club of Flint, LLC, #8 Exhibit G - Hancock Whitney Bank PPP Supplemental Information Form) (Shafer, Bradley)
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Filing 5
ATTORNEY APPEARANCE: Bradley J. Shafer appearing on behalf of DV Diamond Club of Flint, LLC (Shafer, Bradley)
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Filing 4
Ex Parte MOTION for Leave to File Excess Pages Re: Motion for Temporary Restraining Order and for Preliminary Injunction by DV Diamond Club of Flint, LLC. (Hoffer, Matthew)
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Filing 3
SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (SOso)
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Filing 2
SUMMONS Issued for * All Defendants * (SOso)
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Filing 1
COMPLAINT VERIFIED filed by DV Diamond Club of Flint, LLC against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-7729439 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit A - PPP provisions of the CARES Act, #3 Exhibit B - SBA Interim Final Rule 3245, #4 Exhibit C - 60 Fed. Reg. 64356, #5 Exhibit D - 13 C.F.R. 120.110, #6 Exhibit E - SOP - Abridged, #7 Exhibit F - SBA PPP Application - Exemplar Copy, #8 Exhibit G - Hancock Whitney Bank PPP Supplemental Information Form - Exemplar, #9 Exhibit H - SBA PPP Application - Plaintiff DV Diamond Club of Flint, LLC) (Hoffer, Matthew)
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Addition of Parties to CM/ECF: Plaintiff DV Diamond Club of Flint, LLC. Reason: The party was not added to CM/ECF Plaintiff requests summons issued. (Hoffer, Matthew)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SOso)
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