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Case: Vitolo v. Guzman

3:21-cv-00176 | U.S. District Court for the Eastern District of Tennessee

Filed Date: May 12, 2021

Closed Date: Aug. 25, 2021

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 ARPA to give priority to certain grant applicants during an i…

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 ARPA to give priority to certain grant applicants during an initial 21-day period, beginning on May 3, 2021. Those given priority included 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): “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 plaintiff was a white man who owned Jake’s Bar and Grill, LLC, in Harriman, Tennessee. He was represented by the Wisconsin Institute for Law and Liberty, a non-profit, conservative activist law firm. The plaintiff applied for an emergency grant under the Restaurant Revitalization Fund on May 3, 2021, and his application was put on hold. The plaintiff filed suit on May 12, 2021, in the U.S. District Court for the Eastern District of Tennessee, with Judge Travis R. McDonough presiding. The plaintiff alleged that Section 5003 violated the Fifth and Fourteenth Amendment constitutional guarantees of equal protection and due process. The plaintiffs sought the following: a temporary restraining order (TRO) enjoining Section 5003’s racial classifications; a temporary injunction requiring SBA to process applications in the order in which they were made, again without regards to race or sex of the applicant; a declaratory judgment that the policy was unconstitutional; and an order permanently enjoining SBA from making such eligibility classifications in dispersing ARPA funding. The plaintiff moved for a preliminary injunction to enjoin SBA’s use of the classifications on the same day.

The government filed a motion in opposition to the TRO on May 17, 2021, arguing that the race-conscious classification was a necessary means to achieve a compelling government interest in remedying the effects of past or present racial discrimination. On May 19, 2021, the court denied the plaintiff’s motion for a TRO. The court determined that when Congress passed the ARPA, it had a compelling interest in remedying past racial discrimination against minority owned businesses, especially given racial disparities which appeared in previous COVID-19-relief programs such as the 2020 CARES Act. Plaintiffs moved to stay this order on May 19, 2021. This was denied the next day. The district court also denied the plaintiff’s motion for a preliminary injunction on May 25, 2021, citing reasoning similar to their denial of the TRO.

Plaintiff appealed the denial of the TRO to the U.S. Court of Appeals for the Sixth Circuit on May 20, 2021. The Sixth Circuit reversed the district court, enjoining the government to pay plaintiff’s grant application, if approved, before all later-filed applications, without regard to processing time or the applicant’s race or sex. 999 F.3d 353. The Sixth Circuit determined that the government lacked a compelling interest because it relied only on "broad statistical disparities." The Sixth Circuit also held that the prioritization of women-owned businesses failed to pass strict scrutiny.

The plaintiff filed an amended complaint on June 1, 2021. This added four additional plaintiffs, all of whom were white male business owners who had applied for ARPA funding during the initial 21-day period. The next day, the new plaintiffs filed a second emergency motion for a TRO and a preliminary injunction. They sought relief similar to what the Sixth Circuit had given the initial plaintiff. The district court denied the preliminary injunction as moot on June 10, 2021, citing testimony of the Deputy Associate Administrator of Capital Access at SBA 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 first. The plaintiffs voluntarily withdrew all appeals on July 15, 2021, likely due to the mootness issue mentioned above.

On August 6, 2021, the government moved to dismiss the case for lack of subject matter jurisdiction for substantially the same reasons. However, before the court could rule, parties filed a stipulation of dismissal without prejudice on August 25. The case is now closed.

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/59900093/parties/vitolo-v-guzman/


Judge(s)

Donald, Bernice Bouie (Tennessee)

McDonough, Travis Randall (Tennessee)

Norris, William Albert (California)

Poplin, Debra (Tennessee)

Thapar, Amul Roger (Kentucky)

Attorneys(s) for Plaintiff

Berg, Luke N. (Wisconsin)

Esenberg, Richard M. (Wisconsin)

Lennington, Daniel P (Wisconsin)

McClanahan, Matthew Janson (Tennessee)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Judge(s)

Donald, Bernice Bouie (Tennessee)

McDonough, Travis Randall (Tennessee)

Norris, William Albert (California)

Poplin, Debra (Tennessee)

Thapar, Amul Roger (Kentucky)

Attorneys(s) for Plaintiff

Berg, Luke N. (Wisconsin)

Esenberg, Richard M. (Wisconsin)

Lennington, Daniel P (Wisconsin)

McClanahan, Matthew Janson (Tennessee)

Attorneys(s) for Defendant

Boynton, Brian M (District of Columbia)

Farby, Lesley (District of Columbia)

Saslaw, Alexandra Rachel (District of Columbia)

Documents in the Clearinghouse

Document

3:21-cv-00176

21-05517

0:21-05528

Docket [PACER]

Aug. 25, 2021

Aug. 25, 2021

Docket
1

3:21-cv-00176

Complaint

Jake's Bar and Grill, LLC v. Guzman

May 12, 2021

May 12, 2021

Complaint
18

3:21-cv-00176

Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order

May 17, 2021

May 17, 2021

Pleading / Motion / Brief
24

3:21-cv-00176

Memorandum Opinion

May 19, 2021

May 19, 2021

Order/Opinion
30

3:21-cv-00176

Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction

May 21, 2021

May 21, 2021

Pleading / Motion / Brief
22-1 & 22-2

21-05517

0:21-05528

Opinion

U. S. Court of Appeals for the Sixth Circuit

May 27, 2021

May 27, 2021

Order/Opinion
34

3:21-cv-00176

Amended Complaint

June 1, 2021

June 1, 2021

Complaint
41

3:21-cv-00176

Defendant's Response to Plaintiffs' Second Emergency Motion for a Temporary Restraining Order and Preliminary Injunction

June 3, 2021

June 3, 2021

Pleading / Motion / Brief
44

3:21-cv-00176

Memorandum Opinion

June 10, 2021

June 10, 2021

Order/Opinion
50

3:21-cv-00176

Stipulated Dismissal

Aug. 25, 2021

Aug. 25, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59900093/vitolo-v-guzman/

Last updated Sept. 6, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
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) (Entered: 05/12/2021)

1 Summons

View on RECAP

2 Other Civil Cover Sheet

View on RECAP

May 12, 2021

May 12, 2021

RECAP
2

Summons Issued as to Isabella Casillas Guzman. (CAT) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
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) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
11

MOTION for Preliminary Injunction by Jake's Bar and Grill, LLC. (McClanahan, Matthew) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

RECAP
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) (Entered: 05/12/2021)

1 Other Proposed Temporary Restraining Order

View on PACER

2 Supplement TRO Brief

View on PACER

3 Exhibit TRO Brief Exhibit

View on RECAP

May 12, 2021

May 12, 2021

RECAP
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). (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

RECAP
14

Certificate of Corporate Interest by Jake's Bar and Grill, LLC. (McClanahan, Matthew) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

RECAP
15

MEMORANDUM in Support of Motion re 12 MOTION for Temporary Restraining Order filed by Jake's Bar and Grill, LLC. (McClanahan, Matthew) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

RECAP

Add and Terminate Judges

May 12, 2021

May 12, 2021

PACER

NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Jake's Bar and Grill, LLC. (CAT)

May 12, 2021

May 12, 2021

PACER

District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (CAT)

May 12, 2021

May 12, 2021

PACER

Notice of Failure to File CCI

May 12, 2021

May 12, 2021

PACER
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. (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

RECAP
17

NOTICE of Appearance by Alexandra Rachel Saslaw on behalf of Isabella Casillas Guzman (Saslaw, Alexandra) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

RECAP

Clerk's Verification of PHV Requirements

May 13, 2021

May 13, 2021

PACER

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)

May 13, 2021

May 13, 2021

PACER
18

RESPONSE in Opposition re 12 MOTION for Temporary Restraining Order filed by Isabella Casillas Guzman. (Attachments: # 1 Declaration of Dianna Seaborn)(Saslaw, Alexandra) (Entered: 05/16/2021)

1 Declaration of Dianna Seaborn

View on RECAP

May 16, 2021

May 16, 2021

RECAP
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). (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
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). (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

RECAP
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) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

RECAP
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) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

May 17, 2021

May 17, 2021

PACER
23

MOTION to Stay by Jake's Bar and Grill, LLC. (McClanahan, Matthew) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
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) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

RECAP
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) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

RECAP
26

USCA Case Number 21-5517 for 25 Notice of Appeal filed by Jake's Bar and Grill, LLC, Antonio Vitolo. (JBR) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
27

ORDER denying 23 Motion to Stay. Signed by District Judge Travis R McDonough on 5/20/2021. (BDG) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

RECAP
28

RESPONSE re 24 Memorandum & Opinion, Plaintiffs Response Regarding Preliminary Injunction Motion. (Berg, Luke) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

RECAP
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) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER

Order

May 20, 2021

May 20, 2021

PACER
30

RESPONSE to Motion re 11 MOTION for Preliminary Injunction filed by Isabella Casillas Guzman. (Saslaw, Alexandra) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

RECAP
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) (Entered: 05/23/2021)

1

View on RECAP

May 23, 2021

May 23, 2021

PACER
32

ORDER denying 11 Motion for Preliminary Injunction. Signed by District Judge Travis R McDonough on 5/24/2021. (BDG) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

RECAP
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) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
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) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

PACER
35

USCA Case Number 21-5528 for 33 Notice of Appeal filed by Jake's Bar and Grill, LLC, Antonio Vitolo. (ABF) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

RECAP
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) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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) (Entered: 06/02/2021)

1 Exhibit Declaration of Alfred Castiglioni

View on PACER

2 Exhibit Declaration of Denis Flanagan

View on PACER

3 Exhibit Declaration of Kevin L. Pearson

View on PACER

4 Exhibit Declaration of Byron Sackett

View on PACER

June 2, 2021

June 2, 2021

RECAP
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) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER

Order

June 2, 2021

June 2, 2021

PACER
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) (Entered: 06/03/2021)

1 Declaration of John A. Miller

View on RECAP

June 3, 2021

June 3, 2021

RECAP
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 (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

RECAP
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) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP
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). (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

RECAP
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. (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
46

NOTICE by Isabella Casillas Guzman (Attachments: # 1 Supplemental Declaration of John A. Miller, # 2 Exhibit 1)(Saslaw, Alexandra) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
47

STIPULATION Pursuant to Local Rule 12.1 by All Defendants. (Saslaw, Alexandra) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

RECAP
48

ORDER of USCA. Upon consideration of the appellant's motion to voluntarily dismiss the appeal herein pursuant to Rule 42(b), Federal Rules of Appellate Procedure, It is ORDERED that the motion is GRANTED and the appeal is dismissed. (ADA) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

RECAP
49

MOTION to Dismiss for Lack of Jurisdiction by Isabella Casillas Guzman. (Attachments: # 1 Brief, # 2 Declaration of John A. Miller)(Saslaw, Alexandra) (Entered: 08/06/2021)

1 Brief

View on RECAP

2 Declaration of John A. Miller

View on PACER

Aug. 6, 2021

Aug. 6, 2021

PACER
50

STIPULATION of Dismissal of Case 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) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

RECAP

Case Details

State / Territory: Tennessee

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 12, 2021

Closing Date: Aug. 25, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are white male restaurant or small business owners who applied for emergency COVID-19-relief funding under the ARPA and whose applications were classified as non-priority due to the fact they were neither women nor racial minorities.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2021 - 2021

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Disparate Treatment

Funding

Public assistance grants

Discrimination-basis:

Race discrimination

Sex discrimination

Race:

White

Affected Gender:

Male

Benefit Source:

American Rescue Plan (ARP)

National Origin/Ethnicity:

Other