Savage et al v. United States Small Business Administration et al
| Jonathan N. Savage and W. Mark Russo |
| United States Small Business Administration and Isabella Guzman |
| 1:2021cv00153 |
| April 6, 2021 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
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Filing 27
MEMORANDUM AND ORDER granting #21 Motion to Dismiss, denying as moot #23 Motion for Summary Judgment. So Ordered by District Judge Mary S. McElroy on 8/4/2021. (Potter, Carrie)
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Filing 26
RESPONSE In Opposition to #21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. Replies due by 6/22/2021. (Pare, Edward)
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Filing 25
STATEMENT OF DISPUTED FACTS by Isabella Guzman, United States Small Business Administration. (Tye, Michael)
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Filing 24
RESPONSE In Opposition to #23 MOTION for Summary Judgment filed by Isabella Guzman, United States Small Business Administration. Replies due by 6/22/2021. (Tye, Michael)
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Filing 23
MOTION for Summary Judgment filed by All Plaintiffs. Responses due by 6/22/2021. (Pare, Edward)
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Filing 22
STATEMENT OF UNDISPUTED FACTS by All Plaintiffs. (Pare, Edward)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Isabella Guzman, United States Small Business Administration. Responses due by 6/22/2021. (Tye, Michael)
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TEXT ORDER entering #20 Notice filed by Jonathan N. Savage. Plaintiffs and Defendants shall each file a dispositive motion as to Plaintiffs' request for a declaratory judgment on or before June 8, 2021. Plaintiffs and Defendants shall file a response to the other party's dispositive motion on or before June 15, 2021. So Ordered by District Judge Mary S. McElroy on 6/1/2021. (Urizandi, Nisshy)
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Filing 20
NOTICE by Jonathan N. Savage of Proposed Joint Scheduling Order (Fragomeni, Christopher)
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TEXT ORDER: The plaintiffs' Emergency Motion for Temporary Restraining Order/Emergency Motion for Preliminary Injunction (ECF No. #7 ) is DENIED. In "most cases irreparable harm is a necessary threshold showing for awarding preliminary injunctive relief." Matos ex rel. Matos v. Clinton Sch. Dist., 367 F.3d 68, 73 (1st Cir. 2004). A party seeking injunctive relief must make a "clear showing" that substantial and immediate irreparable harm is "likely" in the absence of an injunction. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). A claimant must show "'much more' than potential injury." U.S. v. Quintana-Aguayo, 235 F.3d 682, 685 (1st Cir. 2000). See also Public Serv. Co. of N.H. v. Town of W. Newbury, 835 F.2d 380, 383 (1st Cir. 1987) ("Speculative injury does not constitute a showing of irreparable harm."). The plaintiffs' asserted harm stems from the lack of clarity in the SBA guidancewhich the SBA has refused to clarifyregarding the phrase "presently involved in bankruptcy." The plaintiffs' concern is that the SBA may determine that Phoenix House's participation in the Rhode Island Superior Court COVID-19 Business Recovery Plan is a form of bankruptcy and therefore Phoenix House would not be eligible for the PPP loan that it already has received. Such harm is potential in nature and lacks immediacyat least under the standard for the extraordinary relief currently requested. The Court will, however, proceed to consider the plaintiffs' request for a declaratory judgment on an expedited basis. The parties must confer and submit to the Court within ten (10) days a joint briefing schedule for any additional filings dispositive of the prayer for a declaratory judgment. So Ordered by District Judge Mary S. McElroy on 5/25/2021. (Urizandi, Nisshy)
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TEXT ORDER denying as moot #8 Motion to Expedite - So Ordered by District Judge Mary S. McElroy on 5/25/2021. (Urizandi, Nisshy)
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Filing 19
REPLY MEMORANDUM re #18 Notice (Other) . (Pare, Edward)
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Filing 18
NOTICE by Isabella Guzman, United States Small Business Administration Of Filing Status Report (Tye, Michael)
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Filing 17
NOTICE by Isabella Guzman, United States Small Business Administration OF FILING PAYCHECK PROTECTION PROGRAMS FREQUENTLY ASKED QUESTIONS (Attachments: #1 Exhibit 1)(Tye, Michael)
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Filing 16
DECLARATION re #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fragomeni, Christopher)
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Minute Entry for proceedings held before District Judge Mary S. McElroy: Motion Hearing held on 5/3/2021 re #8 MOTION to Expedite Hearing and Briefing on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief filed by W. Mark Russo, Jonathan N. Savage, #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by W. Mark Russo, Jonathan N. Savage. Chris Fragomeni, Edward Pare & William Russo for Plaintiff. Michael Tye & Zachary Cuhna for Defendant. Plaintiff & Defendant present argument to the Court. Plaintiff & Defendant to provide the Court with documents. Court to take under advisement. Court adjourned. (Court Reporter Denise Veitch in Courtroom Zoom Video at 10:00am.) (McGuire, Vickie)
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Filing 15
REPLY to Response re #13 Response to Motion, Defendants' Reply in Support of their Cross-Motion to Dismiss filed by Isabella Guzman, United States Small Business Administration. (Tye, Michael)
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Filing 14
REPLY to Response re #13 Response to Motion, filed by All Plaintiffs. (Pare, Edward)
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TEXT ORDER granting nunc pro tunc #11 Motion for Extension of Time to File - So Ordered by District Judge Mary S. McElroy on 4/26/2021. (Urizandi, Nisshy)
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Filing 13
RESPONSE In Opposition to #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction And Cross-Motion to Dismiss Pursuant to Federal Rule 12(b)(1) or In the Alternative 12(b)(6) filed by Isabella Guzman, United States Small Business Administration. Replies due by 4/30/2021. (Tye, Michael)
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Filing 12
NOTICE of Appearance by Michael S. Tye on behalf of Isabella Guzman, United States Small Business Administration (Tye, Michael)
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Filing 11
Assented MOTION for an Extension of Time to File Defendants' Response to Motion for Preliminary Injunction until April 23, 2021, and Plaintiffs' Reply to April 27, 2021 filed by Isabella Guzman, United States Small Business Administration. Responses due by 5/5/2021. (Attachments: #1 Stipulation and Proposed Order Revising Briefing Schedule)(Cunha, Zachary)
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TEXT ORDER entering #10 Stipulation, filed by United States Small Business Administration, Isabella Guzman - So Ordered by District Judge Mary S. McElroy on 4/19/2021. (Urizandi, Nisshy)
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NOTICE of Hearing on Motion: Hearing on #7 Emergency MOTION for Temporary Restraining Order/Emergency MOTION for Preliminary Injunction set for 5/3/2021 at 10:00 AM by Zoom Video Conference before District Judge Mary S. McElroy. (Zoom Meeting ID: 160 587 2912, Passcode: 545851) (Simoncelli, Michael)
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Filing 10
STIPULATION re #8 MOTION to Expedite Hearing and Briefing on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief, #7 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction - Stipulation and Proposed Order Regarding Briefing on Pending Motions filed by Isabella Guzman, United States Small Business Administration. (Cunha, Zachary)
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Filing 9
NOTICE of Appearance by Zachary A. Cunha on behalf of Isabella Guzman, United States Small Business Administration (Cunha, Zachary)
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Filing 8
MOTION to Expedite Hearing and Briefing on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief filed by All Plaintiffs. Responses due by 4/28/2021. (Pare, Edward)
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Filing 7
Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction ( Responses due by 4/28/2021.) filed by All Plaintiffs. (Pare, Edward)
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Filing 6
AFFIDAVIT of Service, filed by Jonathan N. Savage Isabella Guzman served on 4/12/2021, answer due 6/11/2021. (Attachments: #1 Supplement Proof of Service on Office of United States Attorney for the District of Rhode Island)(Pare, Edward)
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Filing 5
AFFIDAVIT of Service, filed by Jonathan N. Savage United States Small Business Administration served on 4/12/2021, answer due 6/11/2021. (Attachments: #1 Supplement Proof of Service on Office of United States Attorney for the District of Rhode Island)(Pare, Edward)
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Filing 4
Summons Issued as to Isabella Guzman, United States Small Business Administration. (Attachments: #1 Summons)(Hicks, Alyson)
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| Filing 3 Summons Request filed by Jonathan N. Savage. (Attachments: #1 Summons US SBA Administrator)(Pare, Edward) |
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Filing 3
Summons Request filed by Jonathan N. Savage. (Attachments: #1 Summons US SBA Administrator)(Pare, Edward)
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| Filing 2 CASE OPENING NOTICE ISSUED (Hicks, Alyson) |
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Filing 2
CASE OPENING NOTICE ISSUED (Hicks, Alyson)
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| Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1611505 ), filed by Jonathan N. Savage. (Attachments: #1 Exhibit 1-Order Appointing Temp SM, #2 Exhibit 2-Order Appointing Perm SM, #3 Exhibit 3-Adminstrative Order No. 2020-04, #4 Exhibit 4-Order Appointing Program Coordinator, #5 Exhibit 5-Operating Plan, #6 Exhibit 6-Order Authorizing Suit, #7 Exhibit 7-Petition for Instructions, #8 Civil Cover Sheet Phoenix Houses Civil Cover Sheet, #9 Summons)(Pare, Edward) (Attachment 9 replaced with flattened version on 4/6/2021) (Hicks, Alyson). |
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Filing 1
COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1611505 ), filed by Jonathan N. Savage. (Attachments: #1 Exhibit 1-Order Appointing Temp SM, #2 Exhibit 2-Order Appointing Perm SM, #3 Exhibit 3-Adminstrative Order No. 2020-04, #4 Exhibit 4-Order Appointing Program Coordinator, #5 Exhibit 5-Operating Plan, #6 Exhibit 6-Order Authorizing Suit, #7 Exhibit 7-Petition for Instructions, #8 Civil Cover Sheet Phoenix Houses Civil Cover Sheet, #9 Summons)(Pare, Edward) (Attachment 9 replaced with flattened version on 4/6/2021) (Hicks, Alyson).
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| Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson) |
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Case assigned to District Judge Mary S. McElroy and Magistrate Judge Patricia A. Sullivan. (Hicks, Alyson)
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