Blessed Cajuns LLC et al v. Guzman et al
| Jason Smith, Janice Smith, Blessed Cajuns LLC, PSBH LLC, Eric Nyman, Lynds Inn LLC, OCF Cafe LLC, Ori Feibush, Andrew Lynds and Heather Brown |
| United States Small Business Administration and Isabella Casillas Guzman |
| 4:2021cv00677 |
| May 23, 2021 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Civil Rights: Other Civil Rights |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on July 28, 2021. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: According to the docket sheet, there are no pending motions in this case, and neither party has taken action since June 26, 2021. Accordingly, the Court DIRECTS the parties to file a joint status report on or before August 11, 2021, detailing the remaining issues before the Court, if any, and proposing a timeline for resolution of those issues. (Ordered by Judge Reed C. O'Connor on 7/28/2021) (tln)
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| Filing 31 NOTICE of Withdrawal of Motion re: #4 MOTION to Certify Class filed by Blessed Cajuns LLC, Heather Brown, Ori Feibush, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) |
| Filing 30 RESPONSE filed by Isabella Casillas Guzman, United States Small Business Administration re: #4 MOTION to Certify Class (Attachments: #1 Declaration(s) of John A. Miller) (Dodge, Christopher) |
| Filing 29 Notice of Filing of Official Electronic Transcript of Preliminary injunction Proceedings held on 06/03/2021 before Judge Reed O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817-850-6630. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (48 pages) Redaction Request due 7/2/2021. Redacted Transcript Deadline set for 7/12/2021. Release of Transcript Restriction set for 9/9/2021. (zow) |
| Filing 28 NOTICE of Supplemental Declaration filed by Isabella Casillas Guzman, United States Small Business Administration (Attachments: #1 Declaration(s) of John A. Miller, #2 Exhibit(s) 1) (Dodge, Christopher) |
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Filing 27
ELECTRONIC ORDER granting #25 Application for Admission Pro Hac Vice of Stephen M. Duvernay. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/4/2021) (chmb)
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Filing 26
ELECTRONIC ORDER granting #24 Application for Admission Pro Hac Vice of Bradley A. Benbrook. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 6/4/2021) (chmb)
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| Filing 25 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Stephen M. Duvernay (Filing fee $100; Receipt number 0539-11947842) filed by Blessed Cajuns LLC, Heather Brown, Ori Feibush, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) |
| Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Bradley A. Benbrook (Filing fee $100; Receipt number 0539-11947840) filed by Blessed Cajuns LLC, Heather Brown, Ori Feibush, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) |
| Filing 23 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Preliminary Hearing held on 6/3/2021. Attorney Appearances: Plaintiff - Jonathan Mitchell, Charles Fillmore; Defense - Christopher Dodge. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - :58. (chmb) |
| Filing 22 RESPONSE filed by Blessed Cajuns LLC, Heather Brown, Ori Feibush, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Janice Smith, Jason Smith re: #20 Response/Objection (Mitchell, Jonathan) |
| Filing 21 AMENDED COMPLAINT (FIRST) against Isabella Casillas Guzman, United States Small Business Administration filed by Jason Smith, Janice Smith, Blessed Cajuns LLC, PSBH LLC, Eric Nyman, Lynds Inn LLC, OCF Cafe LLC, Ori Feibush, Andrew Lynds, Heather Brown. 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 Exhibit(s), #2 Exhibit(s)) (Mitchell, Jonathan) |
| Filing 20 RESPONSE filed by Isabella Casillas Guzman, United States Small Business Administration re: #19 Order (Attachments: #1 Declaration(s) of John A. Miller) (Dodge, Christopher) |
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Filing 19
ORDER: Government Response due by 6/1/2021. (Ordered by Judge Reed C. O'Connor on 5/29/2021) (Judge Reed C. O'Connor)
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Filing 18
ORDER: For the foregoing reasons, the Court concludes that Plaintiffs have met their burden of proving each of the four elements for a preliminary injunction. See Fed. R. Civ. P. 65. Accordingly, the Court GRANTS Plaintiffs' Motion for Preliminary Injunction (ECF Nos. #6 - #7 ) and ENJOINS Defendants Isabella Casillas Guzman and the United States Small Business Administration, and their officers, agents, servants, employees, attorneys, designees, and subordinates, as well as any person acting in concert or participation with them (1) to process and consider Plaintiffs Jason and Janice Smith's and Plaintiff Eric Nyman's applications for RRF grants as if the SBA had initiated processing of those applications at the time the applications were filed and (2) from processing or considering any RRF application filed later in time than Plaintiffs Jason and Janice Smith's application and Plaintiff Eric Nyman's application, respectively, until their applications have been processed and considered in accordance with a race-neutral, sex-neutral "first come, first served" policy. A preliminary-injunction hearing will be held on June 3, 2021, at 9:00 A.M. in the Eldon B. Mahon Courthouse, 501 W. 10th Street, 2nd floor courtroom, Fort Worth, Texas. Counsel for both parties are ORDERED to attend. (Ordered by Judge Reed C. O'Connor on 5/28/2021, at 11:10 A.M. central time) (Attachments: #1 421cv651 order) (tln)
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| Filing 17 REPLY (Supplemental Notice) filed by Isabella Casillas Guzman, United States Small Business Administration re: #16 Response/Objection (Dodge, Christopher) |
| Filing 16 RESPONSE filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re: 15 Order (Attachments: #1 Exhibit(s)) (Mitchell, Jonathan) |
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Filing 15
ELECTRONIC ORDER: Plaintiffs shall respond to Defendants' Notice and Supplemental Declaration (ECF No. 14) on or before May 28, 2021, at 10:00 A.M.(Ordered by Judge Reed C. O'Connor on 5/27/2021) (chmb)
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| Filing 14 NOTICE of filed by Isabella Casillas Guzman, United States Small Business Administration (Attachments: #1 Supplemental Declaration of John A. Miller) (Dodge, Christopher) |
| Filing 13 REPLY filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re: #6 MOTION for Injunction (Preliminary) (Mitchell, Jonathan) |
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Filing 12
ORDER: Before the Court are Plaintiffs' Motion for Preliminary Injunction [6-7], filed May 23, 2021; and Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction #11 . In order to more efficiently resolve the issues presented, the Court ORDERS Plaintiffs to respond on or before May 27, 2021 at 1:00 P.M. (Ordered by Judge Reed C. O'Connor on 5/26/2021) (sre)
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| Filing 11 RESPONSE filed by Isabella Casillas Guzman, United States Small Business Administration re: #6 MOTION for Injunction (Preliminary) (Attachments: #1 Declaration(s) of John A. Miller) (Dodge, Christopher) |
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Filing 10
ORDER...Before the Court is Plaintiffs Motion for Preliminary Injunction (ECF Nos. #6 #7 ), filed May 23, 2021. In order to more efficiently resolve the issues presented, the Court ORDERS Defendants to respond on or before May 25, 2021. (Ordered by Judge Reed C. O'Connor on 5/24/2021) (wxc)
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| Filing 9 Summons issued as to Isabella Casillas Guzman, United States Small Business Administration, U.S. Attorney, and U.S. Attorney General. (wxc) |
| Filing 7 Brief/Memorandum in Support filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re #6 MOTION for Injunction (Preliminary) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Declaration(s), #5 Declaration(s), #6 Declaration(s), #7 Proposed Order) (Mitchell, Jonathan) |
| Filing 8 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) |
| Filing 6 MOTION for Injunction (Preliminary) filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) |
| Filing 5 Brief/Memorandum in Support filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re #4 MOTION to Certify Class (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Mitchell, Jonathan) |
| Filing 4 MOTION to Certify Class filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) |
| Filing 3 NOTICE of Attorney Appearance by Christopher D Dodge on behalf of Isabella Casillas Guzman, United States Small Business Administration. (Filer confirms contact info in ECF is current.) (Dodge, Christopher) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith. (Mitchell, Jonathan) |
| Filing 1 COMPLAINT against Isabella Casillas Guzman, United States Small Business Administration filed by PSBH LLC, Blessed Cajuns LLC, Jason Smith, Janice Smith, Eric Nyman. (Filing fee $402; Receipt number 0539-11918239) 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 Exhibit(s), #2 Exhibit(s), #3 Cover Sheet) (Mitchell, Jonathan) |
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