Vitolo et al v. Guzman
| Jake's Bar and Grill, LLC, Antonio Vitolo, 3kad LLC, Denis Flanagan, Kevin L Pearson, Homesteads Management LLC, Zinfandel LLC, The 579 LLC, S&K Soup Co., Chardonnays Inc., Byron Sackett and Alfred Castiglioni |
| Isabella Guzman and Isabella Casillas Guzman |
| 3:2021cv00176 |
| May 11, 2021 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Debra C Poplin |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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Filing 46
NOTICE by Isabella Casillas Guzman (Attachments: #1 Supplemental Declaration of John A. Miller, #2 Exhibit 1)(Saslaw, Alexandra)
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Filing 45
Administrative Notice to Counsel Rick Esenberg, 19 Order on Motion for Leave to Appear Pro Hac Vice, #9 MOTION for Leave to Appear Pro Hac Vice Rick Esenberg :ECF registration requirements due by 6/25/2021. (Attachments: #1 Supplement)(SAC)Notice and Letter mailed to Attorney Rick Esenberg.
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Filing 44
MEMORANDUM OPINION denying #39 Motion for TRO.The Government is ORDERED to file a notice with the Court as soon as possible if and/or when: (1) the Additional Plaintiffs applications have been funded, and (2) SBA decides to resume processing of priority applications. Signed by District Judge Travis R McDonough on June 10, 2021. (SAC) Modified on 6/10/2021, Order mailed to Rick Esenberg. (SAC).
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Filing 43
REPLY to Response to Motion re #39 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction (Second) filed by 3kad LLC, Alfred Castiglioni, Chardonnays Inc., Denis Flanagan, Homesteads Management LLC, Jake's Bar and Grill, LLC, Kevin L Pearson, S&K Soup Co., Byron Sackett, The 579 LLC, Antonio Vitolo, Zinfandel LLC. (Berg, Luke)
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Filing 42
ORDER re #39 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction (Second) filed by 3kad LLC, Homesteads Management LLC, Kevin L Pearson, S&K Soup Co., Denis Flanagan, Jake's Bar and Grill, LLC, The 579 LLC, Byron Sackett, Alfred Castiglioni, Chardonnays Inc., Zinfandel LLC, Antonio Vitolo. In light of the Miller declaration, Plaintiffs are ORDERED to reply to the Government's response on or before June 7, 2021, specifically addressing the Government's mootness arguments and providing any evidence Plaintiffs may have to rebut the Miller declaration. Signed by District Judge Travis R McDonough on 6/4/2021. (BJL) Modified on 6/4/2021 (BJL).* Mailed to Rick Esenberg
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Filing 41
RESPONSE to Motion re #39 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction (Second) filed by Isabella Casillas Guzman. (Attachments: #1 Declaration of John A. Miller)(Saslaw, Alexandra)
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Filing 40
TEXT ORDER Before the Court is Plaintiffs' emergency motion for temporary restraining order and preliminary injunction (Doc. 39). Defendant is ORDERED to respond to Plaintiffs' motion (Doc. 39) on or before June 3, 2021.Signed by District Judge Travis R McDonough on 6/2/2021. (VAM)
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Filing 39
Emergency MOTION for Temporary Restraining Order and Preliminary Injunction (Second) by 3kad LLC, Alfred Castiglioni, Chardonnays Inc., Denis Flanagan, Homesteads Management LLC, Jake's Bar and Grill, LLC, Kevin L Pearson, S&K Soup Co., Byron Sackett, The 579 LLC, Antonio Vitolo, Zinfandel LLC. (Attachments: #1 Exhibit Declaration of Alfred Castiglioni, #2 Exhibit Declaration of Denis Flanagan, #3 Exhibit Declaration of Kevin L. Pearson, #4 Exhibit Declaration of Byron Sackett)(Lennington, Daniel)
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Filing 38
Certificate of Corporate Interest by 3kad LLC, Alfred Castiglioni, Chardonnays Inc., Denis Flanagan, Homesteads Management LLC, Jake's Bar and Grill, LLC, Kevin L Pearson, S&K Soup Co., Byron Sackett, The 579 LLC, Antonio Vitolo, Zinfandel LLC. (Lennington, Daniel)
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Filing 37
ORDER of USCA as to #33 and #25 Notice of Appeal filed by Jake's Bar and Grill, LLC, Antonio Vitolo: IN CONSIDERATION THEREOF, it is ORDERED that the emergency motion for an injunction pending appeal is GRANTED. The preliminary injunction shall remain in place until this case is resolved on the merits and all appeals are exhausted. (ABF)
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Filing 36
Informational Copy from USCA: UPON CONSIDERATION of the motion to consolidate appeals 21-5517 and 21-5528, IT IS ORDERED that the motion to consolidate the appeals be, and it hereby is GRANTED. (ABF)
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Filing 35
USCA Case Number 21-5528 for #33 Notice of Appeal filed by Jake's Bar and Grill, LLC, Antonio Vitolo. (ABF)
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Filing 34
AMENDED COMPLAINT against All Defendants., filed by Jake's Bar and Grill, LLC, Antonio Vitolo, 3kad LLC, Denis Flanagan, Kevin L Pearson, Homesteads Management LLC, Zinfandel LLC, The 579 LLC, S&K Soup Co., Chardonnays Inc., Byron Sackett, Alfred Castiglioni.(Lennington, Daniel)
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Filing 33
NOTICE OF APPEAL as to #32 Order on Motion for Preliminary Injunction by Jake's Bar and Grill, LLC, Antonio Vitolo. Filing fee $ 505, receipt number ATNEDC-4744564. (Lennington, Daniel)
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Filing 32
ORDER denying #11 Motion for Preliminary Injunction. Signed by District Judge Travis R McDonough on 5/24/2021. (BDG)
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Filing 31
MOTION for Leave to File Reply In Support of Preliminary Injunction Motion by Jake's Bar and Grill, LLC, Antonio Vitolo. (Attachments: #1 Reply in Support of Preliminary Injunction)(Lennington, Daniel)
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Filing 30
RESPONSE to Motion re #11 MOTION for Preliminary Injunction filed by Isabella Casillas Guzman. (Saslaw, Alexandra)
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Filing 29
TEXT ORDER Before the Court is Plaintiffs' motion for preliminary injunction (Doc. 11). Defendant is ORDERED to respond to Plaintiffs' motion (Doc. 11) on or before May 21, 2021.Signed by District Judge Travis R. McDonough on 05/20/2021. (VAM)
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Filing 28
RESPONSE re #24 Memorandum & Opinion, Plaintiffs Response Regarding Preliminary Injunction Motion. (Berg, Luke)
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Filing 27
ORDER denying #23 Motion to Stay. Signed by District Judge Travis R McDonough on 5/20/2021. (BDG)
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Filing 26
USCA Case Number 21-5517 for #25 Notice of Appeal filed by Jake's Bar and Grill, LLC, Antonio Vitolo. (JBR)
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Filing 25
NOTICE OF APPEAL as to #20 Order on Motion for TRO, #24 Memorandum & Opinion, by Jake's Bar and Grill, LLC, Antonio Vitolo. Filing fee $ 505, receipt number ATNEDC-4740819. (Berg, Luke)
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Filing 24
MEMORANDUM OPINION. PLaintiffs' motion for temporary restraining order (Doc. 12) is DENIED. Plaintiffs are ORDERED to inform the Court on or before May 21, 2021 whether they wish to persist in their motion for a preliminary injunction (Doc. 11). Signed by District Judge Travis R McDonough on 5/19/2021. (AML)
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Filing 23
MOTION to Stay by Jake's Bar and Grill, LLC. (McClanahan, Matthew)
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Filing 22
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/17/2021 (Hearing on Motion for Temporary Restraining Order), before Judge Travis R. McDonough. Court Reporter/Transcriber Elizabeth Coffey, Telephone number (423) 267-7333. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at #http://www.tned.uscourts.gov/electronic-case-filing Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/7/2021. Redacted Transcript Deadline set for 6/17/2021. Release of Transcript Restriction set for 8/16/2021. (EBC)
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Filing 21
Minute Entry for proceedings held before District Judge Travis R McDonough: Motion Hearing held on 5/17/2021 re #12 MOTION for Temporary Restraining Order filed by Jake's Bar and Grill, LLC. (Court Reporter Elizabeth Coffey) (DJH)
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Filing 20
ORDER denying #12 Motion for TRO.A forthcoming memorandum opinion will detail the Courts reasoning. Signed by District Judge Travis R McDonough on May 17, 2021. (SAC) Modified on 5/17/2021 , Order mailed to Lennington, Berg and Esenberg.(SAC).
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Filing 19
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #9 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #10 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 5/17/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified to reflect copy mailed to Daniel Lennington, Luke Berg and Rick Esenberg on 5/17/2021 (JBR).
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Filing 18
RESPONSE in Opposition re #12 MOTION for Temporary Restraining Order filed by Isabella Casillas Guzman. (Attachments: #1 Declaration of Dianna Seaborn)(Saslaw, Alexandra)
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Filing 17
NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of Isabella Casillas Guzman (Saslaw, Alexandra)
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Filing 16
ORDER Setting Hearing on Motion #12 MOTION for Temporary Restraining Order : Motion Hearing set for 5/17/2021 02:00 PM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 5/13/2021. (BDG)Order mailed to Esenberg, Berg, and Lennington.
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Clerk's Verification of PHV Requirements is complete regarding document: #8 First MOTION for Leave to Appear Pro Hac Vice Luke Berg ( Filing fee $ 90 receipt number ATNEDC-4734749.) filed by Jake's Bar and Grill, LLC, #10 MOTION for Leave to Appear Pro Hac Vice Daniel Lennington ( Filing fee $ 90 receipt number ATNEDC-4734839.) filed by Jake's Bar and Grill, LLC, #9 MOTION for Leave to Appear Pro Hac Vice Rick Esenberg ( Filing fee $ 90 receipt number ATNEDC-4734808.) filed by Jake's Bar and Grill, LLC (JBR)
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Filing 15
MEMORANDUM in Support of Motion re #12 MOTION for Temporary Restraining Order filed by Jake's Bar and Grill, LLC. (McClanahan, Matthew)
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Filing 14
Certificate of Corporate Interest by Jake's Bar and Grill, LLC. (McClanahan, Matthew)
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Filing 13
***FILED IN ERROR, PLEASE SEE DOC #14 ***Certificate of Corporate Interest by Jake's Bar and Grill, LLC. (McClanahan, Matthew) Modified on 5/13/2021 (BDG).
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Filing 12
MOTION for Temporary Restraining Order by Jake's Bar and Grill, LLC. (Attachments: #1 Other Proposed Temporary Restraining Order, #2 Supplement TRO Brief, #3 Exhibit TRO Brief Exhibit)(McClanahan, Matthew)
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Filing 11
MOTION for Preliminary Injunction by Jake's Bar and Grill, LLC. (McClanahan, Matthew)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice Daniel Lennington ( Filing fee $ 90 receipt number ATNEDC-4734839.) by Jake's Bar and Grill, LLC. (Attachments: #1 Other Lennington - Certificate of Good Standing)(McClanahan, Matthew)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice Rick Esenberg ( Filing fee $ 90 receipt number ATNEDC-4734808.) by Jake's Bar and Grill, LLC. (Attachments: #1 Other Esenberg - Certificate of Good Standing)(McClanahan, Matthew)
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Filing 8
First MOTION for Leave to Appear Pro Hac Vice Luke Berg ( Filing fee $ 90 receipt number ATNEDC-4734749.) by Jake's Bar and Grill, LLC. (Attachments: #1 Other Berg - Certificate of Good Standing)(McClanahan, Matthew)
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Filing 7
Administrative Notice to Counsel #1 Complaint : INFORMATIONAL ONLY. For future reference, please file the Civil Cover Sheet and Summons in a non-fillable format. (CAT)
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Filing 6
NOTICE of Deficiency (Pro Hac). Attorneys Daniel Lennington, Luke Berg, & Rick Esenberg are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Notice mailed to Daniel Lennington, Luke Berg, & Rick Esenberg) (CAT)
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Filing 5
Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 05/12/2021. (Copy of Order mailed to Daniel Lennington, Luke Berg, & Rick Esenberg) (CAT)
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Filing 4
Order Governing Depositions. Signed by District Judge Travis R McDonough on 05/12/2021. (Copy of Order mailed to Daniel Lennington, Luke Berg, & Rick Esenberg) (CAT)
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Filing 3
Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 05/12/2021. (Copy of Order mailed to Daniel Lennington, Luke Berg, & Rick Esenberg) (CAT)
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Filing 2
Summons Issued as to Isabella Casillas Guzman. (CAT)
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Filing 1
COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ATNEDC-4734503.), filed by Antonio Vitolo, Jake's Bar and Grill, LLC. (Attachments: #1 Summons, #2 Other Civil Cover Sheet)(McClanahan, Matthew)
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District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (CAT)
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NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Jake's Bar and Grill, LLC. (CAT)
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