AARK RESTAURANT GROUP LLC et al v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al
Plaintiff: AARK RESTAURANT GROUP LLC, AMOL R. KOHLI, AARK HOSPITALITY NORRISTOWN FR INC., AARK HOSPITALITY GLASSBORO FR LLC, AARK HOSPITALITY ORLANDO FR INC., AARK HOSPITALITY GLOUCESTER INC., AARK HOSPITALITY INDIAN HARBOR FR INC., AARK HOSPITALITY MORRISVILLE FR INC., AARK HOSPITALITY DUNMORE FR LLC, AARK HOSPITALITY BENSALEM FR INC., PORTER'S REAL BARBECUE COMPANY, AARK HOSPITALITY WILKESBARRE FR LLC, AARK HOSPITALITY LANGHORNE FR INC. and AARK HOSPITALITY DANVILLE FR LLC
Defendant: UNITED STATES SMALL BUSINESS ADMINISTRATION, ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA and THE UNITED STATES OF AMERICA
Case Number: 2:2022cv01433
Filed: April 12, 2022
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: PAUL S DIAMOND
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2022 Filing 22 NOTICE of Voluntary Dismissal by All Plaintiffs As To All Defendants(CHEIKEN, STANLEY)
April 28, 2022 Opinion or Order Filing 21 ORDER, IT IS HEREBY ORDERED THAT PLAINTIFFS SHALL RESPOND TO DEFENDANTS MOTION TO DISMISS (DOC. NO. #12 ) ON OR BEFORE TUESDAY, MAY 3, 2022 AT 12:00 P.M.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/28/2022. 4/28/2022 ENTERED AND COPIES E-MAILED.(rt)
April 28, 2022 Opinion or Order Filing 20 ORDER, UPON CONSIDERATION OF PLAINTIFFS AMENDED COMPLAINT (DOC. NO. #11 ), PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 5), DEFENDANTS RESPONSE (DOC. NO. #13 ), AND ALL RELATED FILINGS (DOC. NOS. #12 , #14 , #16 , #18 ), IT IS ORDERED THAT PLAINTIFFS MOTION (DOC. NO. #5 ) IS DENIED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/28/2022. 4/28/2022 ENTERED AND COPIES E-MAILED.(rt)
April 28, 2022 Filing 19 MEMORANDUM, PLAINTIFFSTHIRTEEN HOSPITALITY INDUSTRY ENTITIES AND THEIR PURPORTED OWNER AMOL KOHLI HAVING REQUESTED COVID-RELATED LOAN RELIEF FROM THE SMALL BUSINESS ADMINISTRATION, SEEK AN IMMEDIATE INJUNCTION REQUIRING THE AGENCY TO: PROCESS THEIR REQUESTS MORE EXPEDITIOUSLY; DISREGARD EVIDENCE THAT MAKES DISAPPROVAL OF THE LOAN REQUESTS LIKELY; AND SET ASIDE $6,036,600 SO THAT THE FUNDS CAN BE AWARDED TO PLAINTIFFS (EVEN THOUGH THE SBA HAS ALREADY INDICATED THAT IT WILL LIKELY DISAPPROVE THEIR REQUESTS). PLAINTIFFS MOTION SUFFERS FROM SO MANY DEFECTS, IT IS DIFFICULT TO BELIEVE THAT IT IS SERIOUSLY INTENDED. IT APPEARS THAT THIS DISTRICT IS WITHOUT VENUE TO HEAR THIS MATTER AND THAT THIS COURT HAS NO JURISDICTION TO ISSUE A PRELIMINARY INJUNCTION AGAINST THE SBA. MOREOVER, PLAINTIFFS HAVE NOT REMOTELY MET THE REQUIREMENTS FOR THE ISSUANCE OF THE MANDATORY INJUNCTION THEY SEEK. THEY ARE NOT LIKELY TO PREVAIL ON THE MERITS OF THE UNDERLYING DISPUTE. THEY HAVE NOT SHOWN THAT THEY WILL SUFFER IRREPARABLE HARM ABSENT AN INJUNCTION, NOR HAVE THEY EXPLAINED WHY THEY WAITED FOR WEEKS BEFORE SEEKING EMERGENCY RELIEF. FINALLY, ANY BALANCING OF INTERESTS WEIGHS HEAVILY AGAINST THIS COURT PRESCRIBING THE EFFICIENCY OF A FEDERAL AGENCY OR SUPERVISING HOW IT SHOULD MANAGE MATTERS ENTRUSTED TO IT BY CONGRESS.THE ONLY INDISPUTABLE CLARITY PLAINTIFFS HAVE MADE OUT IS THAT THEY ARE NOT ENTITLED TO THE EXTRAORDINARY RELIEF THEY SEEK. RATHER, BECAUSE PLAINTIFFS HAVE FAILED TO MAKE THE REQUISITE SHOWINGS OF A SUBSTANTIAL LIKELIHOOD OF SUCCESS, IMMEDIATE AND IRREPARABLE HARM, OR THAT THE BALANCE OF EQUITIES FAVORS ISSUANCE OF AN INJUNCTION, I WILL DENY THEIR MOTION. AN APPROPRIATE ORDER FOLLOWS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/28/2022. 4/28/2022 ENTERED AND COPIES E-MAILED.(rt)
April 26, 2022 Filing 18 Reply in Support re #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue and in Opposition to Plaintiffs' Brief Regarding Venue filed by ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (CARR, PETER) Modified on 4/27/2022 (tjd).
April 26, 2022 Opinion or Order Filing 17 ORDER, IT IS HEREBY ORDERED THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS MEMORANDUM (DOC. NO. #16 ) NO LATER THAN TUESDAY, APRIL 26, 2022 AT 5:00 P.M.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/26/2022. 4/26/2022 ENTERED AND COPIES E-MAILED.(rt)
April 26, 2022 Filing 16 Brief Regarding Venue re #5 MOTION for Preliminary Injunction on Venue Issue filed by AARK RESTAURANT GROUP LLC, AMOL R. KOHLI. (CHEIKEN, STANLEY) Modified on 4/27/2022 (tjd).
April 25, 2022 Opinion or Order Filing 15 ORDER, IT IS HEREBY ORDERED THAT PLAINTIFFS SHALL ADDRESS WHETHER THERE IS VENUE IN THIS DISTRICT NO LATER THAN TUESDAY, APRIL 26, 2022 AT 3:00 P.M.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/25/2022. 4/25/2022 ENTERED AND COPIES E-MAILED.(rt)
April 25, 2022 Filing 14 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by AARK RESTAURANT GROUP LLC, AMOL R. KOHLI. (CHEIKEN, STANLEY)
April 25, 2022 Filing 13 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION. (HOWATT, MATTHEW)
April 25, 2022 Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION.Brief, Certificate of Service.(CARR, PETER)
April 24, 2022 Filing 11 AMENDED COMPLAINT against All Defendants All Defendants., filed by AARK RESTAURANT GROUP LLC, AMOL R. KOHLI.(CHEIKEN, STANLEY)
April 22, 2022 Filing 10 NOTICE of Appearance by PETER CARR on behalf of ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION with Certificate of Service(CARR, PETER)
April 20, 2022 Filing 9 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (jaa, )
April 19, 2022 Opinion or Order Filing 8 ORDER, IT IS HEREBY ORDERED THAT THE GOVERNMENT SHALL RESPOND TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. #5 ) ON OR BEFORE MONDAY, APRIL 25, 2022 AT 11:00 A.M.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/19/2022. 4/19/2022 ENTERED AND COPIES E-MAILED.(rt)
April 19, 2022 Filing 7 NOTICE of Appearance by LINDA DALE HOFFA on behalf of AARK RESTAURANT GROUP LLC, AMOL R. KOHLI (HOFFA, LINDA)
April 19, 2022 Filing 6 STANDING ORDER OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/19/2022. 4/19/2022 ENTERED AND COPIES E-MAILED.(rt)
April 18, 2022 Filing 5 MOTION for Preliminary Injunction filed by AARK RESTAURANT GROUP LLC, AMOL R. KOHLI.Memorandum, Affidavit, Certificate of Service. (Attachments: #1 Affidavit Affidavit of Amol R. Kohli, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(CHEIKEN, STANLEY)
April 14, 2022 Filing 4 NOTICE of Appearance by MATTHEW E.K. HOWATT on behalf of ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION with Certificate of Service(HOWATT, MATTHEW)
April 13, 2022 Filing 3 Summons Issued as to ISABAELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION, U.S. Attorney and U.S. Attorney General EMAILED To: COUNSEL AND U.S. ATTORNEY on 4/13/22 (jaa, )
April 12, 2022 Filing 2 EXHIBIT Designation Form by AARK RESTAURANT GROUP LLC, AMOL R. KOHLI.. (CHEIKEN, STANLEY)
April 12, 2022 Filing 1 COMPLAINT against ISABELLA CASILLAS GUZMAN, UNITED STATE OF AMERICA, UNITED STATES SMALL BUSINESS ADMINISTRATION ( Filing fee $ 402 receipt number APAEDC-15852944.), filed by AARK Restaurant Group LLC, Amol R Kohli. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(CHEIKEN, STANLEY)
April 12, 2022 Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file Completed Designation Form in this case using the Exhibit docket event. (sbt)

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Plaintiff: AARK RESTAURANT GROUP LLC
Represented By: STANLEY B. CHEIKEN
Represented By: LINDA DALE HOFFA
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Plaintiff: AMOL R. KOHLI
Represented By: STANLEY B. CHEIKEN
Represented By: LINDA DALE HOFFA
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Plaintiff: AARK HOSPITALITY NORRISTOWN FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY GLASSBORO FR LLC
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY ORLANDO FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY GLOUCESTER INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY INDIAN HARBOR FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY MORRISVILLE FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY DUNMORE FR LLC
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY BENSALEM FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: PORTER'S REAL BARBECUE COMPANY
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY WILKESBARRE FR LLC
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY LANGHORNE FR INC.
Represented By: STANLEY B. CHEIKEN
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Plaintiff: AARK HOSPITALITY DANVILLE FR LLC
Represented By: STANLEY B. CHEIKEN
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Defendant: UNITED STATES SMALL BUSINESS ADMINISTRATION
Represented By: MATTHEW E.K. HOWATT
Represented By: PETER CARR
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Defendant: ISABAELLA CASILLAS GUZMAN
Represented By: MATTHEW E.K. HOWATT
Represented By: PETER CARR
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Defendant: UNITED STATE OF AMERICA
Represented By: MATTHEW E.K. HOWATT
Represented By: PETER CARR
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Defendant: THE UNITED STATES OF AMERICA
Represented By: MATTHEW E.K. HOWATT
Represented By: PETER CARR
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