Dallas Food & Beverage LLC et al v. United States Small Business Administration et al
| 2345 Meacham, LLC doing business as Bucks Cabaret, Dallas Food & Beverage LLC doing business as Bucks Cabaret, 11000 Reeder LLC doing business as Bucks Wild, Deja Vu Showgirls of Las Vegas, LLC doing business as Deja Vu Showgirls Las Vegas, Cats 701 Bourbon, LLC doing business as Cat's Meow, Gold Club - S.F., LLC doing business as Gold Club, Stockton Enterprises, LLC doing business as Showgirls of Stockton, Smithville Bistro, LLC doing business as Midnight Express - Smithville, Jamme Holdings, LLC doing business as Dream Girls Wilkes-Barre, 90's Minneapolis, LLC doing business as Gay 90's Minneapolis, Cats Meow of Vegas, LLC doing business as Cat's Meow, Pole Position at Tacoma, LLC doing business as Pole Position Sports Bar, Office Minneapolis, LLC doing business as The Office Pub & Grill, Las Vegas Bistro, LLC doing business as Larry Flynt's Hustler Club - Las Vegas and S.A.W. Entertainment Limited doing business as Larry Flynt's Hustler Club |
| Isabel Casillas Guzman, United States of America, The Small Business Administration Office of Hearings and Appeals, Kimberly McLeod and United States Small Business Administration |
| 3:2024cv01151 |
| May 14, 2024 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 551 Administrative Procedure Act |
| Plaintiff |
Docket Report
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| Filing 11 MOTION to Proceed Without Local Counsel re 9 Order filed by 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC (Attachments: #1 Proposed Order) (Hoffer, Matthew) |
| Filing 10 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC. (Clerk QC note: Affiliate entry indicated). (Attachments: #1 Exhibit(s) A - SBA Asserted Affiliates 1, #2 Exhibit(s) B - SBA Asserted Affiliates 2) (Hoffer, Matthew) |
Filing 9
ELECTRONIC ORDER: The Court ORDERS Plaintiffs to appoint local counsel, in accordance with Local Rule 83.10, or to file a motion to proceed without local counsel, by June 20, 2024. (Ordered by Judge Brantley Starr on 5/20/2024) (chmb)
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| Filing 8 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiffs 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC. (Attachments: #1 Exhibit(s) AA - Transcript of Preliminary Injunction Hearing, D. Houston, Inc. v. SBA, 4:20-cv-02308 (S.D. Tex. Sept. 11, 2020), ECF 27 [EXCERPTS]. (pp. 1; 29; 30), #2 Exhibit(s) BB - Transcript of Apr. 30, 2020, Hearing on Motion for TRO and/or Preliminary Injunction, DV Diamond Club, 20-cv-10899 (E.D. Mich. Jun 12, 2020), ECF 54 [EXCERPTS]. (pp. 1; 8; and 58), #3 Exhibit(s) CC - Government Motion for Emergency Stay, Camelot Banquet, 2:20-cv-00601 (E.D. Wis. May 4, 2020), ECF 30 [EXCERPTS]. (pp. 1; 4; 8), #4 Exhibit(s) DD - Camelot Banquet Rooms, Inc. v. U.S. Small Business Admin., 20-1729 (7th Cir. May 4, 2020), Doc 4 [EXCERPTS]. (pp. 1; 4; 13; 17), #5 Exhibit(s) EE - Camelot Banquet Rooms, Inc. v. U.S. Small Business Admin., 20-1729 (7th Cir. May 11, 2020), Doc. 14 [EXCERPTS]. (pp. 1; 5; 7; 8), #6 Exhibit(s) FF - DV Diamond Club, 20-cv-10899 (E.D. Mich. Jun. 12, 2020), ECF 55 [EXCERPTS]. (pp. 1; 41 43), #7 Exhibit(s) GG - Camelot Banquet Rooms, Inc. v. United States Small Bus. Admin., No.: 2:21-cv-00447 (E.D. Wis. 2021), Doc. 21-7 [Benderson Declaration]., #8 Exhibit(s) HH - SOP 50 10 (5), B, Ch. 2(3)(d)(3)(xvi) (effective August 1, 2008), #9 Exhibit(s) II - SOP 50 10 5(K) B, Ch. 2(III)(A)(15)(b) (effective April 1, 2019), #10 Exhibit(s) JJ - SOP 50 10 7 A, Ch. 1(F)(14) (effective August 1, 2023), #11 Exhibit(s) KK - SOP 50 10 7.1, #12 Exhibit(s) LL - Plaintiff Gold Clubs first draw PPP Appeal Administrative Record [EXCERPTS], #13 Exhibit(s) MM - IRS Form 1065 (2021 Version)., #14 Exhibit(s) NN - IRSs Instructions for Form 1065 (2021 Version) [EXCERPTS]. (pp. 1; 18; and 56-68), #15 Exhibit(s) OO - IRS Form 1120 (2021 Version)., #16 Exhibit(s) PP - IRSs Instructions for Form 1120 (2021 Version) [EXCERPTS]. (pp. 1 and 28-30), #17 Exhibit(s) QQ - First Draw PPP Loan Application Form (Form 2483) (Version 7, effective as of January 8, 2021)., #18 Exhibit(s) RR - Second Draw PPP Loan Application Form, #19 Exhibit(s) SS - SBA Form 3508 (Version 8, effective as of January 19, 2021)., #20 Exhibit(s) TT - Denial Letter for Plaintiff Dallas Food & Beverages second draw PPP Loan) (Hoffer, Matthew) |
| Filing 7 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiffs 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC. (Attachments: #1 Exhibit(s) O - SAW First Draw - OHA Discovery Motion w Exhibits, #2 Exhibit(s) P - Meacham's Second Draw PPP Loan - OHA Discovery Motion w Exhibits, #3 Exhibit(s) Q - SAW's 1st Draw OHA Appeal - Order Denying Discovery - 12-13-2023, #4 Exhibit(s) R - SBAs Motion to Dismiss the OHA Appeal Re Forgiveness Denial of Plaintiff Gold Clubs 2PPP Loan w Declaration Filed January 9, 2024, #5 Exhibit(s) S - Order of Dismissal Re Plaintiff Gold Clubs 2PPP Loan Appeal Filed January 9, 2024, #6 Exhibit(s) T - SBAs Motion to Dismiss the OHA Appeal Re Forgiveness Denial of Plaintiff SAWs First PPP Loan w Declaration Filed January 10, 2024, #7 Exhibit(s) U - Order of Dismissal Re Plaintiff SAWs First PPP Loan Appeal Filed January 10, 2024, #8 Exhibit(s) V - Email String Between Youngsma and Siems - January 11, 2024, #9 Exhibit(s) W - Email String Between Youngsma and Siems - February 27, 2024, #10 Exhibit(s) X - SBAs Motion to Dismiss and Order Granting Motion to Dismiss Gold Club, #11 Exhibit(s) Y - Gold Club's 2PPP Loan Second Denial Letter Dated January 30, 2024, #12 Exhibit(s) Z - H.R. CONF. REP. 103-824) (Hoffer, Matthew) |
| Filing 6 ADDITIONAL ATTACHMENTS to #1 Complaint by Plaintiffs 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC. (Attachments: #1 Exhibit(s) N - Gold Club First Draw OHA Discovery Motion w Exhibits) (Hoffer, Matthew) |
| Filing 5 ADDITIONAL ATTACHMENTS to #1 Complaint,,,,,, by Plaintiffs 11000 Reeder LLC, 2345 Meacham, LLC, 90's Minneapolis, LLC, Cats 701 Bourbon, LLC, Cats Meow of Vegas, LLC, Dallas Food & Beverage LLC, Deja Vu Showgirls of Las Vegas, LLC, Gold Club - S.F., LLC, Jamme Holdings, LLC, Las Vegas Bistro, LLC, Office Minneapolis, LLC, Pole Position at Tacoma, LLC, S.A.W. Entertainment Limited, Smithville Bistro, LLC, Stockton Enterprises, LLC. (Attachments: #1 Exhibit(s) A - Example SBA Correspondence re PPP Request for Production of Documents and Information, #2 Exhibit(s) B - Meachams Administrative Record Filed February 20, 2024, #3 Exhibit(s) C - OHAs Order re Meachams Objections to Administrative Record Filed March 18, 2024, #4 Exhibit(s) D - SBA's Motion to Reconsider the OHA's Order re Objections to the Administrative Record Filed March 20, 2024, #5 Exhibit(s) E - SBAs Response to Meachams Appeal with Pannu Declaration in Support of and Exhibit thereto Filed April 26, 2024, #6 Exhibit(s) F - OHA Ordered Filed April 27, 2024, #7 Exhibit(s) G - Administrative Record SBA filed in Gold Clubs second OHA appeal, #8 Exhibit(s) H - SBAs Response to Gold Clubs Second OHA Appeal with Pannus Declaration in Support of, #9 Exhibit(s) I - Loan Agreements, #10 Exhibit(s) J - SBA Portal Screenshot ALJ, #11 Exhibit(s) K - SBAs Response to Meacham's Second Draw PPP Loan - OHA Discovery Motion, #12 Exhibit(s) L - Gold Club's 1st Draw OHA Appeal - Order Denying Discovery - 12-13-2023, #13 Exhibit(s) M - Notice and Order (Scheduling Order) for Dallas Food and Beverages OHA Appeal) (Hoffer, Matthew) |
| Filing 4 Summons issued as to Isabel Casillas Guzman, Kimberly McLeod, The Small Business Administration Office of Hearings and Appeals, United States Small Business Administration, United States of America, U.S. Attorney, and U.S. Attorney General. (ndt) |
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Filing 3
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 5/14/2024) (ndt)
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| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by 11000 Reeder LLC, Office Minneapolis, LLC, Dallas Food & Beverage LLC, Smithville Bistro, LLC, S.A.W. Entertainment Limited, Cats Meow of Vegas, LLC, Cats 701 Bourbon, LLC, Las Vegas Bistro, LLC, 2345 Meacham, LLC, Jamme Holdings, LLC, 90's Minneapolis, LLC, Gold Club - S.F., LLC, Deja Vu Showgirls of Las Vegas, LLC, Stockton Enterprises, LLC, Pole Position at Tacoma, LLC. (Filing fee $405; Receipt number ATXNDC-14617516) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Index of Exhibits, #2 Cover Sheet) (Hoffer, Matthew) |
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