Case: Dalton v. Hao

1:23-cv-11216 | U.S. District Court for the District of Massachusetts

Filed Date: May 31, 2023

Closed Date: June 20, 2023

Clearinghouse coding complete

Case Summary

This is a case about grant funding that favored women, people of color, and LGBTQ people.  On May 31, 2023, a white male owner of a for-profit firearms academy filed a lawsuit in the District if Massachusetts against the Secretary of the Commonwealth of Massachusetts’s Executive Office of Housing and Economic Development and the Massachusetts Growth Capital Corporation (the administrator of the grant), alleging that the state's program for pandemic relief, the Inclusive Recovery Grant Program, …

This is a case about grant funding that favored women, people of color, and LGBTQ people. 

On May 31, 2023, a white male owner of a for-profit firearms academy filed a lawsuit in the District if Massachusetts against the Secretary of the Commonwealth of Massachusetts’s Executive Office of Housing and Economic Development and the Massachusetts Growth Capital Corporation (the administrator of the grant), alleging that the state's program for pandemic relief, the Inclusive Recovery Grant Program, discriminated against the plaintiff based on race, sex, and sexual orientation. Applicants for the grant were required to meet at least one of the following criteria: minority-owned, woman-owned, veteran-owned, immigrant-owned, first-generation immigrant- owned, disabled-owned, LGBTQ+-owned, and/or focused on reaching markets predominantly made up of socially and economically disadvantaged and historically underrepresented groups or underserved markets. The plaintiff brought forth one count alleging a violation under the Equal Protection Clause under 42 U.S.C. § 1983 because the plaintiff would apply for the grant if his race, sex, or sexual orientation made him eligible to do so. 

The plaintiff sought a declaratory judgement, a permanent injunction enjoining the defendants from implementing the Inclusive Recovery Grant Program’s eligibility preferences, attorneys’ fees, and nominal damages in the amount of $1.00. The plaintiff also sought to certify a class of “small businesses and small business owners, which would have been eligible to apply for the Commonwealth of Massachusetts’s Inclusive Recovery Grant Program if the businesses were minority-owned, female-owned, or LGBTQ- owned.” The plaintiff was represented by Pacific Legal Foundation. The case was assigned to District Judge William G. Young.

On June 2, 2023, the plaintiff filed an amended complaint that added another named plaintiff. The named plaintiff was also a white heterosexual male who owned a for-profit business and was not eligible for the Inclusive Recovery Grant Program because of his race, sex, and sexual orientation.

The plaintiff filed a motion to certify a class on June 7, 2023. The proposed class was the same as the one proposed in the complaint: “ all small businesses and small business owners that would have been eligible to apply for Massachusetts’s Inclusive Recovery Grant Program if the business were minority-owned, woman-owned, or LGBTQ+-owned.”

On June 8, 2023, the plaintiff filed an emergency motion for a temporary restraining order and a preliminary injunction. They requested that the defendants be prevented from releasing funding decisions and paying out any grants from the Inclusive Recovery Grant Program unless they re-open applications after removing the eligibility requirements based on race, sex, and sexual orientation and select applicants without consideration of their race, sex, or sexual orientation. The plaintiff argued they would suffer irreparable harm without an injunction because the defendants would exhaust the grant funds before this matter is decided on the merits.

On June 16, 2023, the parties filed a joint motion to stay the case for 60 days as the plaintiffs discovered the defendants would not be releasing grant funding yet. The defendants also stated they would review their eligibility criteria. This stay was approved by the court on June 20, 2023.

Two organizations, Black Economic Council of Massachusetts and Amplify Latinx, filed to intervene in this case on July 25, 2023. They alleged they had a direct interest in the case because their organizations advocate for Black and Latinx communities’ economic opportunities. Further, the intervenors argued that the defendants would not protect their interests because of the defendants’ prior failures to support minority-owned businesses. On August 8, 2023, the plaintiffs opposed the motion to intervene arguing that the defendants had the same interests as the intervenors. Further, the intervenors did not claim any of their members applied for the Inclusive Recovery Grant Program nor is the interest they have in maintaining race-based eligibility criteria a protectable right. The court announced on September 5, 2023, that it would not take action on the motion because of the stay.

On September 22, 2023, the plaintiffs filed an unopposed motion to reopen the case so that the court could accept the plaintiffs’ voluntary dismissal. The plaintiff filed a voluntary dismissal the same day. The plaintiffs stated that the defendants agreed to not award grant funds under the Inclusive Recovery Grant Program to applicants who only indicated that their business is minority-owned, woman-owned, or LGBTQ+-owned, and that funds would only be given to applicants who indicated that their business focuses on reaching markets predominantly made up of socially and economically disadvantaged and historically underrepresented groups or underserved markets. This case is closed.

Summary Authors

Cara Claflin (5/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67453990/parties/dalton-v-hao/


Judge(s)
Attorney for Plaintiff

Houghton, Jonathan (Massachusetts)

Attorney for Defendant

Casey, Timothy James (Massachusetts)

Davis, Tasheena M. (Massachusetts)

Ellsworth, Felicia H. (Massachusetts)

Gelbort, Hannah Elise (Massachusetts)

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Documents in the Clearinghouse

Document
1

1:23-cv-11216

Class Action Complaint for Declaratory and Injunctive Relief and Nominal Damages

May 31, 2023

May 31, 2023

Complaint
5

1:23-cv-11216

First Amended Class Action Complaint for Declaratory and Injunctive Relief and Nominal Damages

June 2, 2023

June 2, 2023

Complaint
12

1:23-cv-11216

Plaintiffs' Motion for Class Certification

June 7, 2023

June 7, 2023

Pleading / Motion / Brief
15

1:23-cv-11216

Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction

June 8, 2023

June 8, 2023

Pleading / Motion / Brief
33

1:23-cv-11216

Memorandum in Support of the Motion by the Black Economic Council of Massachusetts and Amplify Latinx for Leave to Intervene

July 26, 2023

July 26, 2023

Pleading / Motion / Brief
40

1:23-cv-11216

Plaintiffs' Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

Sept. 22, 2023

Sept. 22, 2023

Pleading / Motion / Brief
39

1:23-cv-11216

Unopposed Motion to Re-Open Case

Sept. 22, 2023

Sept. 22, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67453990/dalton-v-hao/

Last updated June 14, 2025, 1:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action) for Declaratory and Injunctive Relief and Nominal Damages against All Defendants Filing fee: $ 402, receipt number AMADC-9879998 (Fee Status: Filing Fee paid), filed by Brian Dalton, New England Firearms Academy. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit A - Program Overview, # 4 Exhibit B - Program Application)(Houghton, Jonathan) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

Clearinghouse

Notice of Case Assignment

May 31, 2023

May 31, 2023

PACER
2

ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Finn, Mary) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
3

CORPORATE DISCLOSURE STATEMENT by Brian Dalton, New England Firearms Academy. (Houghton, Jonathan) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
4

Summons Issued as to Lawrence D. Andrews, Yvonne Hao, Massachusetts Growth Capital Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
5

AMENDED COMPLAINT against All Defendants, filed by Brian Dalton, New England Firearms Academy, John Trioisi, Big Jack's Auto Repair and Towing. (Attachments: # 1 Exhibit A - Program Overview, # 2 Exhibit B - Program Application)(Houghton, Jonathan) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

Clearinghouse
6

MOTION for Leave to Appear Pro Hac Vice for admission of Andrew R. Quinio Filing fee: $ 125, receipt number AMADC-9885922 by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, John Trioisi.(Houghton, Jonathan) (Additional attachment(s) added on 6/4/2023: # 1 Attorney Certification) (Paine, Matthew). (Main Document 6 replaced on 6/4/2023) (Paine, Matthew). (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Joshua P. Thompson Filing fee: $ 125, receipt number AMADC-9886019 by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, John Trioisi.(Houghton, Jonathan) (Additional attachment(s) added on 6/4/2023: # 1 Attorney Certification) (Paine, Matthew). (Main Document 7 replaced on 6/4/2023) (Paine, Matthew). (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
8

Judge William G. Young: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice. Added Andrew R. Quinio. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Paine, Matthew) (Entered: 06/04/2023)

June 4, 2023

June 4, 2023

PACER

Order on Motion for Leave to Appear

June 4, 2023

June 4, 2023

PACER
9

Judge William G. Young: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice. Added Joshua P. Thompson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Paine, Matthew) (Entered: 06/04/2023)

June 4, 2023

June 4, 2023

PACER
10

NOTICE of Appearance by Joshua P. Thompson on behalf of Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi (Thompson, Joshua) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
11

NOTICE of Appearance by Andrew Quinio on behalf of Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi (Quinio, Andrew) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

PACER
12

MOTION to Certify Class by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi.(Houghton, Jonathan) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

Clearinghouse
13

MEMORANDUM in Support re 12 MOTION to Certify Class filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Houghton, Jonathan) (Entered: 06/07/2023)

June 7, 2023

June 7, 2023

PACER
14

ELECTRONIC NOTICE Setting Hearing on Motion 12 MOTION to Certify Class : Motion Hearing set for 7/12/2023 02:30 PM in Courtroom 18 (In person only) before Judge William G. Young. (Gaudet, Jennifer) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER

Notice Setting or Resetting Hearing on Motion

June 8, 2023

June 8, 2023

PACER
15

Emergency MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order ( Responses due by 6/22/2023) by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi.(Houghton, Jonathan) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

Clearinghouse
16

MEMORANDUM in Support re 15 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Houghton, Jonathan) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
17

AFFIDAVIT in Support re 15 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Plaintiff Brian Dalton, filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Attachments: # 1 Exhibit A - Email thread, Pltf to Kristin Ryan, Mass. St. Police)(Houghton, Jonathan) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
18

AFFIDAVIT in Support re 15 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order of Pltaintiff John Troisi, filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Houghton, Jonathan) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
19

AFFIDAVIT of Andrew R. Quinio in Support re 15 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Attachments: # 1 Exhibit A - Program Overview, # 2 Exhibit B - Program Application, # 3 Exhibit C - Email Quinio to MGCC re timeline)(Quinio, Andrew) (Entered: 06/08/2023)

June 8, 2023

June 8, 2023

PACER
20

ELECTRONIC NOTICE issued requesting courtesy copy for 17 Affidavit in Support of Motion, 18 Affidavit in Support of Motion, 19 Affidavit in Support of Motion, 16 Memorandum in Support of Motion, 15 Emergency MOTION for Preliminary Injunction MOTION for Temporary Restraining Order . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by Attention Matthew Paine - Docket Clerk - Judge Young. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew) (Entered: 06/09/2023)

June 9, 2023

June 9, 2023

PACER

Notice requesting courtesy copy

June 9, 2023

June 9, 2023

PACER
21

NOTICE of Appearance by Timothy James Casey on behalf of Yvonne Hao (Casey, Timothy) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
22

Joint MOTION to Stay Case by All Parties and Stipulation by Yvonne Hao.(Casey, Timothy) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

RECAP
23

NOTICE of Appearance by Felicia H. Ellsworth on behalf of Lawrence D. Andrews, Massachusetts Growth Capital Corporation (Ellsworth, Felicia) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
24

NOTICE of Appearance by Michelle L. Sandals on behalf of Lawrence D. Andrews, Massachusetts Growth Capital Corporation (Sandals, Michelle) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

PACER
25

Judge William G. Young: ELECTRONIC ORDER entered granting 22 Joint Stipulation and Motion to Stay Proceedings. The case is ordered administratively closed for 60 days and may be reopened upon motion of any party after 60 days. (Gaudet, Jennifer) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER

Order on Motion for Preliminary Injunction AND Order on Motion for TRO AND Order on Motion to Certify Class

June 20, 2023

June 20, 2023

PACER

Order on Motion to Stay

June 20, 2023

June 20, 2023

PACER
26

Judge William G. Young: ELECTRONIC ORDER entered re 12 Motion to Certify Class; 15 Motion for Preliminary Injunction; 15 Motion for TRO. Motions are withdrawn without prejudice per Stipulation 22 to be refiled upon lifting of stay. (Gaudet, Jennifer) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
27

Judge William G. Young: ORDER for Closure entered. (Gaudet, Jennifer) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

RECAP
28

WAIVER OF SERVICE Returned Executed by Brian Dalton, John Trioisi, New England Firearms Academy, Inc., Big Jack's Auto Repair and Towing. Lawrence D. Andrews waiver sent on 6/5/2023, answer due 8/4/2023. (Quinio, Andrew) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

PACER
29

WAIVER OF SERVICE Returned Executed by Brian Dalton, John Trioisi, New England Firearms Academy, Inc., Big Jack's Auto Repair and Towing. Massachusetts Growth Capital Corporation waiver sent on 6/5/2023, answer due 8/4/2023. (Quinio, Andrew) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

PACER
30

WAIVER OF SERVICE Returned Executed by Brian Dalton, John Trioisi, New England Firearms Academy, Inc., Big Jack's Auto Repair and Towing. Yvonne Hao waiver sent on 6/5/2023, answer due 8/4/2023. (Quinio, Andrew) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

PACER
31

MOTION to Intervene by Black Economic Council of Massachusetts, Amplify Latinx.(Davis, Tasheena) Modified on 7/26/2023 to Correct Docket Text, Remove, and Refile Memorandum of Law in Support as Separate Docket Entry. (Paine, Matthew). (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
32

NOTICE of Appearance by Tasheena M. Davis on behalf of Amplify Latinx, Black Economic Council of Massachusetts (Davis, Tasheena) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

PACER
33

MEMORANDUM in Support re 31 MOTION to Intervene filed by Amplify Latinx, Black Economic Council of Massachusetts. (Attachments: # 1 Exhibit A - Obi Declaration, # 2 Exhibit B - Roman Declaration)(Paine, Matthew) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

Clearinghouse

Notice of correction to docket made by Court staff

July 26, 2023

July 26, 2023

PACER
34

Notice of correction to docket made by Court staff. Correction: Docket Entry 31 Motion to Intervene Corrected Because: Counsel Davis Incorrectly Attached the Memorandum of Law in Support of the Motion to Intervene in Violation of CM/ECF NextGen Administrative Procedures Section (G)(4). (Paine, Matthew) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

PACER
35

Opposition re 31 MOTION to Intervene filed by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. (Houghton, Jonathan) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

RECAP
36

NOTICE of Appearance by Hannah Elise Gelbort on behalf of Lawrence D. Andrews, Massachusetts Growth Capital Corporation (Gelbort, Hannah) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
37

NOTICE of Withdrawal of Appearance by Michelle L. Sandals (Sandals, Michelle) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
38

Judge William G. Young: ELECTRONIC ORDER entered re 31 MOTION to Intervene by Black Economic Council of Massachusetts, Amplify Latinx. (Paine, Matthew)The Court takes no action on this motion since this case is presently administratively closed. Should it be reopened, this matter will be ripe for prompt adjudication. (Entered: 09/06/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER

Order on Motion to Intervene

Sept. 6, 2023

Sept. 6, 2023

PACER
39

Assented to MOTION to Re-Open Case by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi.(Houghton, Jonathan) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

Clearinghouse
40

NOTICE of Voluntary Dismissal by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi (Houghton, Jonathan) (Entered: 09/22/2023)

Sept. 22, 2023

Sept. 22, 2023

Clearinghouse
41

Judge William G. Young: ELECTRONIC ORDER entered finding as moot 31 Motion to Intervene; finding as moot 39 Motion to Re-Open Case by Big Jack's Auto Repair and Towing, Brian Dalton, New England Firearms Academy, Inc., John Trioisi. Notice of Voluntary Dismissal filed on 9/22/2023. (Gaudet, Jennifer) (Entered: 03/12/2024)

March 12, 2024

March 12, 2024

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Intervene

March 12, 2024

March 12, 2024

PACER

Case Details