Case: Blessed Cajuns LLC v. Guzman

4:21-cv-00677 | U.S. District Court for the Northern District of Texas

Filed Date: May 23, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several brought challenging the American Rescue Plan Act (ARPA) and the Small Business Administration’s (SBA) prioritization of certain applications for emergency government assistance. Section 5003 appropriated $28.6 billion for the Restaurant Revitalization Fund to be administered by the Small Business Administration (SBA). The SBA initially accepted all applications for emergency grants but was directed in the act to give priority during an initial 21-day period beginning…

This case is one of several brought challenging the American Rescue Plan Act (ARPA) and the Small Business Administration’s (SBA) prioritization of certain applications for emergency government assistance. Section 5003 appropriated $28.6 billion for the Restaurant Revitalization Fund to be administered by the Small Business Administration (SBA). The SBA initially accepted all applications for emergency grants but was directed in the act to give priority during an initial 21-day period beginning on May 3, 2021, to small businesses “owned and controlled by women, veterans, or socially and economically disadvantaged small business concerns.” The ARPA incorporated the definition of socially disadvantaged individuals found in the Small Business Act (15 U.S.C. §637) as “those subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.” SBA regulations further defined “socially disadvantaged individuals” and “economically disadvantaged individuals” as those people belonging to certain racial groups.

The plaintiffs filed suit on May 23, 2021, in the U.S. District Court for the Northern District of Texas (Fort Worth), with Judge Reed C. O'Connor presiding. They were represented by attorneys from the America First Law Foundation, the Texas Public Policy Foundation, and several private law firms. The same lawyers filed a similar challenge to other sections of the ARPA which forgave Fram Services Agency loans to "socially disadvantaged" farmers and ranchers. That case is included in this Clearinghouse as Miller v. Vilsack.

The plaintiffs were two LLCs and their owners: the Blessed Cajuns LLC (operated out of Keller, TX) and PSBH LLC (operated out of Camp Hill, PA). The plaintiffs alleged that the above policies violated the constitutional guarantees of equal protection and due process. They sought a temporary restraining order (TRO), a preliminary injunction, and a permanent injunction preventing SBA from implementing any race or sex preferences in SBA programs. Additionally, class certification was sought for “all restaurant owners and restaurants in the United States which had encountered or would encounter race or sex discrimination from the Small Business Administration on account of section 5003.”

The district court granted the plaintiffs’ motion for a preliminary injunction on May 28, 2021. They determined plaintiffs were likely to succeed on the merits of the equal protection claim and that the government offered insufficient justification for making racial and sex classifications when distributing emergency funding.

Plaintiffs filed an amended complaint on June 3, 2021. This added three other LLCs and their owners as plaintiffs.

The government filed a notice of supplemental declaration by the Deputy Associate Administrator of Capital Access at SBA on June 11, 2021. This stated that the agency had already begun processing non-priority applications, including those of the additional plaintiffs, and that no new priority applications would be reviewed until preceding non-priority applications had been reviewed. The plaintiffs voluntarily withdrew their motion for class certification on June 26, 2021.

On August 11, 2021, the plaintiffs filed a second amended complaint, adding several new businesses as plaintiffs, but without the class action allegation contained in their earlier complaints.

As of October 2021, the case is ongoing.

Summary Authors

John Duffield (7/26/2021)

Jonah Hudson-Erdman (10/31/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59928863/parties/blessed-cajuns-llc-v-guzman/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Benbrook, Bradley A. (California)

Duvernay, Stephen M. (California)

Fillmore, Charles W (Texas)

Hamilton, Gene Patrick (District of Columbia)

Henneke, Robert (Texas)

Mitchell, Jonathan F. (Texas)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Dodge, Christopher D (District of Columbia)

Farby, Lesley (District of Columbia)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Benbrook, Bradley A. (California)

Duvernay, Stephen M. (California)

Fillmore, Charles W (Texas)

Hamilton, Gene Patrick (District of Columbia)

Henneke, Robert (Texas)

Mitchell, Jonathan F. (Texas)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Dodge, Christopher D (District of Columbia)

Farby, Lesley (District of Columbia)

Expert/Monitor/Master

Miller, John A (District of Columbia)

Documents in the Clearinghouse

Document

4:21-cv-00677

4:21-cv-00595

Docket [PACER]

Oct. 15, 2021

Oct. 15, 2021

Docket
1

4:21-cv-00677

Plaintiffs' Class-Action Complaint

May 23, 2021

May 23, 2021

Complaint
11

4:21-cv-00677

Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction

May 25, 2021

May 25, 2021

Pleading / Motion / Brief
18-1

4:21-cv-00677

Order

Greer's Ranch Cafe v. Guzman

2021 WL 2092995

May 28, 2021

May 28, 2021

Order/Opinion
18

4:21-cv-00677

Order

May 28, 2021

May 28, 2021

Order/Opinion
20 & 20-1

4:21-cv-00677

Defendants' Response to May 29, 2021 (ECF NO. 19)

June 1, 2021

June 1, 2021

Pleading / Motion / Brief
21

4:21-cv-00677

Plaintiffs' First Amended Class-Action Complaint

June 3, 2021

June 3, 2021

Complaint
40

4:17-cv-00677

Plaintiffs' Second Amended Complaint

Aug. 11, 2021

Aug. 11, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59928863/blessed-cajuns-llc-v-guzman/

Last updated Aug. 6, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
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) (Entered: 05/23/2021)

1 Exhibit(s)

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2 Exhibit(s)

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3 Cover Sheet

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May 23, 2021

May 23, 2021

RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith. (Mitchell, Jonathan) (Entered: 05/23/2021)

May 23, 2021

May 23, 2021

PACER
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) (Entered: 05/23/2021)

May 23, 2021

May 23, 2021

PACER
4

MOTION to Certify Class filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) (Entered: 05/23/2021)

May 23, 2021

May 23, 2021

PACER
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) (Entered: 05/23/2021)

May 23, 2021

May 23, 2021

PACER
6

MOTION for Injunction (Preliminary) filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith (Mitchell, Jonathan) (Entered: 05/23/2021)

May 23, 2021

May 23, 2021

RECAP
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) (Entered: 05/24/2021)

May 23, 2021

May 23, 2021

PACER
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) (Entered: 05/24/2021)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Declaration(s)

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5 Declaration(s)

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6 Declaration(s)

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7 Proposed Order

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May 24, 2021

May 24, 2021

RECAP
9

Summons issued as to Isabella Casillas Guzman, United States Small Business Administration, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
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) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
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) (Entered: 05/25/2021)

1 Declaration(s) of John A. Miller

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May 25, 2021

May 25, 2021

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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) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
13

REPLY filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re: 6 MOTION for Injunction (Preliminary) (Mitchell, Jonathan) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

RECAP
14

NOTICE of filed by Isabella Casillas Guzman, United States Small Business Administration (Attachments: # 1 Supplemental Declaration of John A. Miller) (Dodge, Christopher) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
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) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

Order

May 27, 2021

May 27, 2021

PACER
16

RESPONSE filed by Blessed Cajuns LLC, Eric Nyman, PSBH LLC, Janice Smith, Jason Smith re: 15 Order (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
17

REPLY (Supplemental Notice) filed by Isabella Casillas Guzman, United States Small Business Administration re: 16 Response/Objection (Dodge, Christopher) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
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) (Entered: 05/28/2021)

1 421cv651 order

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May 28, 2021

May 28, 2021

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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) (Entered: 05/29/2021)

May 29, 2021

May 29, 2021

PACER
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) (Entered: 06/01/2021)

1 Declaration(s) of John A. Miller

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June 1, 2021

June 1, 2021

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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) (Entered: 06/03/2021)

1 Exhibit(s)

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2 Exhibit(s)

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June 3, 2021

June 3, 2021

RECAP
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) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

RECAP
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) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
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) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER

Order on Application for Admission Pro Hac Vice

June 4, 2021

June 4, 2021

PACER
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) (Entered: 06/11/2021)

1 Declaration(s) of John A. Miller

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2 Exhibit(s) 1

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June 11, 2021

June 11, 2021

PACER
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. ยง 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) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
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) (Entered: 06/14/2021)

1 Declaration(s) of John A. Miller

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June 14, 2021

June 14, 2021

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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) (Entered: 06/26/2021)

June 26, 2021

June 26, 2021

RECAP
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 7/28/2020) (tln) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
33

MOTION for Leave to File Second Amended Complaint 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, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, 7th Avenue Property Management Inc., Eric Schiller with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order). Party GBB Hospitality Group LLC; GBB Services LLC; Jimmy Loup; 7th Avenue Property Management Inc.; Eric Schiller added.Attorney Jonathan F Mitchell added to party GBB Hospitality Group LLC(pty:pla), Attorney Jonathan F Mitchell added to party GBB Services LLC(pty:pla), Attorney Jonathan F Mitchell added to party Jimmy Loup(pty:pla), Attorney Jonathan F Mitchell added to party 7th Avenue Property Management Inc.(pty:pla), Attorney Jonathan F Mitchell added to party Eric Schiller(pty:pla) (Mitchell, Jonathan) (Entered: 07/30/2021)

July 30, 2021

July 30, 2021

PACER
34

ORDER: See Order for details. Response due August 3, 2021. (Ordered by Judge Reed C. O'Connor on 7/31/2021) (chmb) (Entered: 07/31/2021)

July 31, 2021

July 31, 2021

PACER

Deadline Modification: Response due by 8/3/2021 Per Order 34 . (wxc)

Aug. 2, 2021

Aug. 2, 2021

PACER
35

RESPONSE filed by Isabella Casillas Guzman, United States Small Business Administration re: 33 MOTION for Leave to File Second Amended Complaint (Attachments: # 1 Declaration of John A. Miller, # 2 Declaration of Christopher D. Dodge, # 3 Exhibit 1 (June 3, 2021 Hearing Transcript), # 4 Exhibit 2 (Email Chain), # 5 Exhibit 3 (Email Chain)) (Dodge, Christopher) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
36

ORDER: Before the Court are Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. 33 ); and Defendants' Response (ECF No. 35 ). To more efficiently resolve the issues presented, the Court ORDERS Plaintiffs to reply on or before August 6, 2021. (Ordered by Judge Reed C. O'Connor on 8/4/2021) (bdb) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
37

REPLY filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith re: 33 MOTION for Leave to File Second Amended Complaint (Mitchell, Jonathan) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
38

Unopposed MOTION for Leave to File Reply Brief in Excess of 10 Pages filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/08/2021)

Aug. 8, 2021

Aug. 8, 2021

PACER
39

ORDER: The Court GRANTS Plaintiffs' Motion for Leave to File Second Amended Complaint (ECF No. 33 ). Plaintiffs shall file their Second Amended Complaint on or before August 11, 2021, at 5:00 P.M. (Ordered by Judge Reed C. O'Connor on 8/10/2021) (bdb) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
40

AMENDED COMPLAINT (SECOND) against Isabella Casillas Guzman, United States Small Business Administration filed by GBB Hospitality Group LLC, Lynds Inn LLC, Janice Smith, Blessed Cajuns LLC, 7th Avenue Property Management Inc., Andrew Lynds, Jimmy Loup, Jason Smith, Ori Feibush, Eric Schiller, OCF Cafe LLC, Heather Brown, PSBH LLC, GBB Services LLC, Eric Nyman. 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 Exhibit(s), # 4 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/11/2021)

1 Exhibit(s)

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4 Exhibit(s)

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Aug. 11, 2021

Aug. 11, 2021

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41

CERTIFICATE OF SERVICE by Blessed Cajuns LLC re 1 Complaint,,,,, (Fillmore, H) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
42

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable, but in any event no later than October 29, 2021. The Joint Report shall be filed on or before November 12, 2021. (Ordered by Judge Reed C. O'Connor on 10/15/2021) (mmw) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP
43

MOTION to Dismiss the Second Amended Complaint In Part for Lack of Subject Matter Jurisdiction filed by Isabella Casillas Guzman, United States Small Business Administration with Brief/Memorandum in Support. (Dodge, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

RECAP
44

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Isabella Casillas Guzman, United States Small Business Administration. (Dodge, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
45

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Isabella Casillas Guzman (Attachments: # 1 Exhibit(s) Certificate of Good Standing)Attorney Juliana MacPherson Barrett added to party Isabella Casillas Guzman(pty:dft) (Barrett, Juliana) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
46

Joint MOTION for Extension of Time to File Joint Status Report filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
47

ELECTRONIC ORDER granting 45 Application for Admission Pro Hac Vice of Juliana MacPherson Barrett. 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 11/10/2021) (chmb) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
48

ORDER: Before the Court is the Joint Motion for Extension of Time to File Joint Status Report (ECF No. 46 ), filed November 10, 2021. Noting the agreement of the parties, the Court STAYS the Order to File a Joint Status Report (ECF No. 42 ). (Ordered by Judge Reed C. O'Connor on 11/10/2021) (mmw) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

Order on Application for Admission Pro Hac Vice

Nov. 10, 2021

Nov. 10, 2021

PACER
49

NOTICE of Attorney Appearance by Juliana MacPherson Barrett on behalf of Isabella Casillas Guzman. (Filer confirms contact info in ECF is current.) (Barrett, Juliana) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
50

Request for Clerk to issue Summons to defendant Isabella Casillas Guzman, in her individual capacity filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith. (Mitchell, Jonathan) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
51

Summons Issued as to Isabella Casillas Guzman(in her individual capacity). (mmw) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
52

RESPONSE filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith re: 43 MOTION to Dismiss the Second Amended Complaint In Part for Lack of Subject Matter Jurisdiction (Mitchell, Jonathan) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

RECAP
53

NOTICE of Response Deadline (Joint Notice) filed by Isabella Casillas Guzman(in her individual capacity and in her official capacity as administrator of the Small Business Administration) (Barrett, Juliana) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

RECAP
54

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Isabella Casillas Guzman(in her individual capacity and in her official capacity as administrator of the Small Business Administration) with Brief/Memorandum in Support. (Barrett, Juliana) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

RECAP
55

MOTION for Extension of Time to File Response/Reply to 54 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
56

ORDER: The Court GRANTS the Plaintiffs' 55 Motion for Extension of Time to File Response and ORDERS that Plaintiffs' deadline to respond to Defendants' 54 Motion to Dismiss is extended to 2/28/2022. (Ordered by Judge Reed C. O'Connor on 2/14/2022) (twd) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
57

NOTICE of Dismissal filed by 7th Avenue Property Management Inc., Blessed Cajuns LLC, Heather Brown, Ori Feibush, GBB Hospitality Group LLC, GBB Services LLC, Jimmy Loup, Andrew Lynds, Lynds Inn LLC, Eric Nyman, OCF Cafe LLC, PSBH LLC, Eric Schiller, Janice Smith, Jason Smith (Mitchell, Jonathan) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

RECAP

Civil Case Terminated per DJ Chambers and 57 Notice of Dismissal. (sre)

March 16, 2022

March 16, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Challenges to minority benefits in Biden Administration American Rescue Plan

Key Dates

Filing Date: May 23, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Blessed Cajuns LLC from Keller, TX, and its two co-owners, as well as the PSBH LLC from Camp Hill, PA, and its owner. The plaintiffs sought to represent a class of all restaurant owners and restaurants in the United States who were encountering or who would encounter race or sex discrimination from the Small Business Administration on account of section 5003 of ARPA.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Small Business Administration (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reporting

Issues

General:

Disparate Treatment

Funding

Public assistance grants

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

White

Affected Gender:

Male

Benefit Source:

American Rescue Plan (ARP)