Case: Ultima Services Corporation v. U.S. Department of Agriculture

Legal Defense Fund

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ATNEDC-4257612.), filed by Ultima Services Corporation. (Attachments: # 1 Civil Cover Sheet)(Conder, M.) (Entered: 03/04/2020)

1 Civil Cover Sheet

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MOTION for Leave to Appear Pro Hac Vice Michael E. Rosman ( Filing fee $ 90 receipt number ATNEDC-4257710.) by Ultima Services Corporation. (Conder, M.) (Entered: 03/04/2020)

MOTION for Leave to Appear Pro Hac Vice Michelle A. Scott ( Filing fee $ 90 receipt number ATNEDC-4257742.) by Ultima Services Corporation. (Conder, M.) (Entered: 03/04/2020)

Summons NOT Issued

District Judge Clifton L Corker and Magistrate Judge Cynthia R Wyrick added. (JBR)

NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Ultima Services Corporation. (JBR)

No summons received with initiating documents. Therefore, summons not issued as to Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (JBR)

Order Governing Depositions. Signed by District Judge Clifton L Corker on 03/05/20. (JBR) (Entered: 03/05/2020)

Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 03/05/20. (JBR) (Entered: 03/05/2020)

Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 03/05/20. (JBR) (Entered: 03/05/2020)

SUPPLEMENT to 1 Complaint Summons - Administrator of the SBA by Ultima Services Corporation. (Attachments: # 1 Summons U.S. Department of Agriculture, # 2 Summons Secretary of Agriculture, # 3 Summons U.S. Small Business Administration)(Conder, M.) (Entered: 03/05/2020)

1 Summons U.S. Department of Agriculture

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2 Summons Secretary of Agriculture

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3 Summons U.S. Small Business Administration

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Clerk's Verification of PHV Requirements is complete regarding document: 2 MOTION for Leave to Appear Pro Hac Vice Michael E. Rosman ( Filing fee $ 90 receipt number ATNEDC-4257710.) filed by Ultima Services Corporation, 3 MOTION for Leave to Appear Pro Hac Vice Michelle A. Scott ( Filing fee $ 90 receipt number ATNEDC-4257742.) filed by Ultima Services Corporation (JBR)

Certificate of Corporate Interest by Ultima Services Corporation identifying Corporate Parent LUSA Associates, Inc. for Ultima Services Corporation. (Conder, M.) (Entered: 03/05/2020)

Summons Issued as to Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Summons US Small Business Administration, # 2 Summons Secretary of Agriculture, # 3 Summons Administrator of the Small Business Administration) (CAT) (Entered: 03/06/2020)

1 Summons US Small Business Administration

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2 Summons Secretary of Agriculture

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3 Summons Administrator of the Small Business Administration

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ORDER granting 2 Motion for Leave to Appear Pro Hac Vice for Michael Rosman. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 3 Motion for Leave to Appear Pro Hac Vice for Michelle Scott. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 03/06/2020. (Copy of Order mailed to Michael Rosman and Michelle Scott) (CAT) (Entered: 03/06/2020)

AFFIDAVIT of Service for summons and complaint served on defendants on March 16, 2020, filed by Ultima Services Corporation. (Rosman, Michael) (Entered: 04/20/2020)

NOTICE of Appearance by Taryn Wilgus Null on behalf of All Defendants (Null, Taryn) (Entered: 04/24/2020)

NOTICE of Appearance by Juliet Gray on behalf of All Defendants (Gray, Juliet) (Entered: 04/29/2020)

Unopposed MOTION for Extension of Time to File Answer by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 04/30/2020)

ORDER granting 14 Motion for Extension of Time to Answer. The Court finds the motion well taken and not made for the purpose of delay; therefore, the motion is GRANTED. Defendants are ORDERED to file a response to the Complaint [Doc. 1] on or before Saturday, July 11, 2020. Signed by Magistrate Judge Cynthia R Wyrick on 05/01/2020. (CAT) (Entered: 05/01/2020)

Administrative Notice to Counsel. Attorney is not registered as an E-Filer. Please register as an E-Filer. Requirements due by 5/6/2020. (Copy of Notice mailed to Michelle A Scott) (CAT) (Entered: 05/01/2020)

REPORT of Rule 26(f) Planning Meeting. (Gray, Juliet) (Entered: 06/04/2020)

ORDER: On June 4, 2020, the parties filed their Rule 26(f) Discovery Plan [Doc. 17]. The parties indicated a conflict on the timing of initial disclosures. As such, the Court shall set a telephonic status conference in this case on Wednesday, June 17, 2020 at 1:30 p.m. The parties shall call the Court's conference line at 866-390-1828 and enter access code 4845352 at the appointed time. Signed by District Judge Clifton L Corker on 6/11/2020. (JCK) (Entered: 06/11/2020)

Minute Entry for proceedings held before District Judge Clifton L Corker: Telephone Conference held on 6/17/2020. Defendants advised the Court they will be filing a motion challenging the court's jurisdiction. The parties have already held a Rule 26(f) discovery conference, and Plaintiff has since served multiple discovery requests on Defendants. Defendants requested an extension of time to respond to the pending discovery requests and in which to make initial disclosures under Rule 26(a). The Court granted such request and will set a deadline after consideration of Defendants' motion. This is the complete order of the court. There is no document attached to the docket entry. (Corker, Clifton) (Entered: 06/17/2020)

Telephone Conference

MOTION to Dismiss by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 07/10/2020)

MEMORANDUM in Support of Motion re 20 MOTION to Dismiss filed by All Defendants. (Gray, Juliet) (Entered: 07/10/2020)

MOTION to Stay Discovery by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 07/10/2020)

RESPONSE to Motion re 22 MOTION to Stay Discovery filed by Ultima Services Corporation. (Rosman, Michael) (Entered: 07/17/2020)

REPLY to Response to Motion re 22 MOTION to Stay Discovery filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Null, Taryn) (Entered: 07/24/2020)

RESPONSE to Motion re 20 MOTION to Dismiss filed by Ultima Services Corporation. (Attachments: # 1 Exhibit)(Rosman, Michael) (Entered: 07/31/2020)

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REPLY to Response to Motion re 20 MOTION to Dismiss filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 08/07/2020)

MOTION for Leave to File A Supplemental Memo by Ultima Services Corporation. (Attachments: # 1 Exhibit proposed memo)(Rosman, Michael) (Entered: 08/14/2020)

1 Exhibit proposed memo

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ORDER granting 27 Motion for Leave to File Document. Upon review of Plaintiff's short supplemental brief, the Court finds this motion well-taken and therefore shall GRANT the motion. Plaintiff shall file its supplemental brief as its own document in CM/ECF by Friday, August 21, 2020. Defendants shall file any response to the supplemental brief within 7 days after service of the brief and shall be limited to no more than 5 pages, in accordance with Local Rule 7.1(d). Signed by District Judge Clifton L Corker on 08/19/2020. (CAT) (Entered: 08/19/2020)

LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 20 MOTION to Dismiss by Ultima Services Corporation filed by Ultima Services Corporation. (Rosman, Michael) (Entered: 08/19/2020)

RESPONSE TO LOCAL RULE 7.1(d) SUPPLEMENTAL BRIEF to 29 Local Rule 7.1(d) Supplemental Brief by Secretary of Agriculture, U.S. Small Business Administration, U.S. Department of Agriculture, Administrator of the Small Business Administration filed by Secretary of Agriculture, U.S. Small Business Administration, U.S. Department of Agriculture, Administrator of the Small Business Administration. (Gray, Juliet) (Entered: 08/26/2020)

ORDER granting 22 Motion to Stay. Defendants' Motion to Stay Discovery shall be GRANTED, and discovery shall be stayed until the resolution of the Motion to Dismiss. Signed by District Judge Clifton L Corker on 11/18/2020. (AMP) (Entered: 11/18/2020)

MEMORANDUM OPINION AND ORDER granting in part and denying in part 20 Motion to Dismiss. See Memorandum for details. Signed by District Judge Clifton L Corker on 3/31/2021. (LCK) (Entered: 03/31/2021)

ORDER: As the Court has resolved Defendants' Motion to Dismiss, the stay of discovery in this case is now lifted. See [Doc. 31]. Therefore, a telephonic scheduling conference is set for Thursday, April 8, 2021 at 1:30 p.m. EST. The parties shall call the Court's conference line at 866-390-1828 and enter access code 4845352 at the appointed time. (Scheduling Conference set for 4/8/2021 at 1:30 PM before District Judge Clifton L Corker. Signed by District Judge Clifton L Corker on 4/1/2021). (LCK) (Entered: 04/01/2021)

SCHEDULING ORDER: Defendants shall file an answer by April 28, 2021. The key scheduling deadlines are listed below with further discussion set forth herein. Bench Trial set for 10/11/2022 at 9:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. The expected length of trial is five (5) days. Final Pretrial Conference set for 9/20/2022 at 1:30 PM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. Dispositive Motions due by 6/6/2022. See Order for details. Signed by District Judge Clifton L Corker on 04/09/2021. (CAT) (Entered: 04/09/2021)

ANSWER to 1 Complaint by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration.(Gray, Juliet) (Entered: 04/28/2021)

ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on 4/29/2021. (Attachments: # 1 Other Notice of Consent/Non-Consent to Magistrate) (LCK) (Entered: 04/29/2021)

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MOTION to Amend/Revise 1 Complaint by Ultima Services Corporation. (Attachments: # 1 Exhibit)(Rosman, Michael) (Entered: 05/20/2021)

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NOTICE of Appearance by K'Shaani Smith on behalf of All Defendants (Smith, K'Shaani) (Entered: 05/25/2021)

RESPONSE to Motion re 37 MOTION to Amend/Revise 1 Complaint filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Smith, K'Shaani) (Entered: 06/03/2021)

NOTICE OF NONCONSENT to Magistrate by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration (Gray, Juliet) (Entered: 06/04/2021)

Administrative Notice to Counsel 40 Notice of Consent/Nonconsent : INFORMATIONAL ONLY. For future reference, please file the Notice of Nonconsent in a flattened non-fillable form. (CAT) (Entered: 06/04/2021)

REPLY to Response to Motion re 37 MOTION to Amend/Revise 1 Complaint filed by Ultima Services Corporation. (Rosman, Michael) (Entered: 06/08/2021)

Joint MOTION for Protective Order by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Stipulated Confidentiality and Protective Order)(Gray, Juliet) (Entered: 06/09/2021)

1 Stipulated Confidentiality and Protective Order

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STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge Cynthia R Wyrick on 6/11/2021. (LCK) (Entered: 06/11/2021)

ORDER denying 37 Motion to Amend/Correct. Signed by Magistrate Judge Cynthia R Wyrick on 6/24/2021. (JCK) (Entered: 06/24/2021)

NOTICE of Appearance by Christine Tschiderer Dinan on behalf of All Defendants (Dinan, Christine) (Entered: 10/18/2021)

Administrative Notice to Counsel 46 Notice of Appearance : requirements due by 10/25/2021. (KDO) (Entered: 10/19/2021)

NOTICE by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration of Withdrawal (Null, Taryn) (Entered: 10/19/2021)

Unopposed MOTION for Protective Order Regarding Data Underlying Defendants' Expert Report by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Other Proposed Protective Order)(Gray, Juliet) (Entered: 02/24/2022)

1 Other Proposed Protective Order

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PROTECTIVE ORDER REGARDING DATA UNDERLYING DEFENDANTS' EXPERT REPORT re 49 Motion for Protective Order. See Order for details. Signed by Magistrate Judge Cynthia R Wyrick on 3/1/2022. (LCK) (Entered: 03/01/2022)

Unopposed MOTION for Protective Order Regarding Computer Code Used in Defendants' Expert Report by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Other Proposed Protective Order)(Gray, Juliet) (Entered: 04/28/2022)

1 Other Proposed Protective Order

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Joint MOTION for Extension of Time to File Dispositive Motions and Daubert Challenges by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Other Proposed Order)(Smith, K'Shaani) (Entered: 05/04/2022)

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ORDER granting 52 Motion for Extension of Time to File. Upon consideration of the Parties Joint Motion to Extend Time to File Dispositive Motions and Daubert Challenges [Doc. 52], the Motion is hereby GRANTED. The Parties are ORDERED to file dispositive motions and Daubert Challenges on or before Tuesday, June 21, 2022, and responses to Daubert challenges on or before Tuesday, July 5, 2022. These extensions shall not serve as a basis for requesting the extension of any other deadline and all deadlines contained in the Scheduling Order [Doc. 34] previously entered in this cause which are not altered herein shall remain in effect. Signed by Magistrate Judge Cynthia R Wyrick on 05/05/2022. (AGG) (Entered: 05/05/2022)

ORDER re 51 Protective Order Addressing Computer Code Used in Defendants' Expert Report. (See Order for details). Signed by Magistrate Judge Cynthia R Wyrick on 05/06/2022. (AGG) (Entered: 05/06/2022)

STIPULATION Regarding Authenticity of Documents by All Defendants. (Gray, Juliet) (Entered: 05/19/2022)

Joint MOTION for Leave to File Excess Pages by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 06/03/2022)

ORDER granting 56 Motion for Leave to File Excess Pages. Parties specifically request leave to file briefs in support of and in opposition to dispositive motions that consist of up to and including 35 pages. Parties acknowledges this is over the typical limit enforced by the Court. Given the gravity and complexity of issues being addressed, the Court will permit the request. As such, the Motion is GRANTED. Counsel is instructed to carefully consider the necessity of each page over 25 pages. Signed by Magistrate Judge Cynthia R Wyrick on 6/6/2022. (LCK) (Entered: 06/06/2022)

MOTION to Strike /Exclude Testimony of Daniel Chow by Ultima Services Corporation. (Attachments: # 1 Other Memorandum in Support of Motion to Exclude Testimony of Daniel Chow, # 2 Affidavit Rosman Statement, # 3 Exhibit EX 1 to Rosman Statement, # 4 Exhibit EX 2 to Rosman Statement, # 5 Exhibit EX 3 to Rosman Statement, # 6 Affidavit Guryan Statement)(Rosman, Michael) (Entered: 06/21/2022)

1 Other Memorandum in Support of Motion to Exclude Testimony of Daniel Chow

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2 Affidavit Rosman Statement

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3 Exhibit EX 1 to Rosman Statement

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4 Exhibit EX 2 to Rosman Statement

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5 Exhibit EX 3 to Rosman Statement

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6 Affidavit Guryan Statement

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MOTION Exclude the Testimony and Opinions of Plaintiff's Expert Dr. Jonathan Guryan by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Wainwright Report, # 2 Exhibit Chow Report, # 3 Exhibit Chow Dep., # 4 Exhibit Guryan Report, # 5 Exhibit Guryan Dep., # 6 Exhibit Wainwright dep., # 7 Exhibit Bennett dep.)(Gray, Juliet) (Entered: 06/21/2022)

1 Exhibit Wainwright Report

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2 Exhibit Chow Report

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3 Exhibit Chow Dep.

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4 Exhibit Guryan Report

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5 Exhibit Guryan Dep.

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6 Exhibit Wainwright dep.

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7 Exhibit Bennett dep.

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MOTION for Summary Judgment by Ultima Services Corporation. (Attachments: # 1 Other Statement of Undispute Material Facts, # 2 Other Memorandum, # 3 Supplement, # 4 Affidavit, # 5 Affidavit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Rosman, Michael) (Entered: 06/21/2022)

1 Other Statement of Undispute Material Facts

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2 Other Memorandum

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3 Supplement

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4 Affidavit

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MOTION for Summary Judgment by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Pl. Supp. Resp. First ROGs, # 2 Exhibit Bennett dep., # 3 Exhibit Atkinson dep., # 4 Exhibit Decision Memo, # 5 Exhibit Stonebraker dep., # 6 Exhibit Welch Decl., # 7 Exhibit Stonebraker Decl., # 8 Exhibit Pl. Resp. Third RFAs, # 9 Exhibit SAM.gov Reps and Certs, # 10 Exhibit DOJ Report, # 11 Exhibit Wainwright Report, # 12 Exhibit 2016 MBDA Report, # 13 Exhibit Chow Report, # 14 Exhibit Disparity Studies, # 15 Exhibit Chow dep., # 16 Exhibit Pl. RFPs, # 17 Exhibit Klein dep., # 18 Exhibit SBA Resp. Second ROGs, # 19 Exhibit Adverse Impact Determination, # 20 Exhibit Denison dep., # 21 Exhibit Powers Decl., # 22 Exhibit Total Funding Agency Dollars, # 23 Exhibit Pl. Resp. First RFPs, # 24 Exhibit USDA NAICS Spending)(Gray, Juliet) (Entered: 06/21/2022)

1 Exhibit Pl. Supp. Resp. First ROGs

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2 Exhibit Bennett dep.

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3 Exhibit Atkinson dep.

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4 Exhibit Decision Memo

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5 Exhibit Stonebraker dep.

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6 Exhibit Welch Decl.

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7 Exhibit Stonebraker Decl.

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8 Exhibit Pl. Resp. Third RFAs

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9 Exhibit SAM.gov Reps and Certs

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10 Exhibit DOJ Report

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11 Exhibit Wainwright Report

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12 Exhibit 2016 MBDA Report

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13 Exhibit Chow Report

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14 Exhibit Disparity Studies

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15 Exhibit Chow dep.

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16 Exhibit Pl. RFPs

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17 Exhibit Klein dep.

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18 Exhibit SBA Resp. Second ROGs

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19 Exhibit Adverse Impact Determination

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20 Exhibit Denison dep.

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21 Exhibit Powers Decl.

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22 Exhibit Total Funding Agency Dollars

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23 Exhibit Pl. Resp. First RFPs

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24 Exhibit USDA NAICS Spending

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MEMORANDUM in Support of Motion re 61 MOTION for Summary Judgment filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 06/21/2022)

STATEMENT of Material Facts re 61 MOTION for Summary Judgment filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Gray, Juliet) (Entered: 06/21/2022)

SUPPLEMENT to 60 MOTION for Summary Judgment by Ultima Services Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Rosman, Michael) (Entered: 06/21/2022)

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SUPPLEMENT to 60 Motion for Summary Judgment (Add'l Rosman Exs) by Ultima Services Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Rosman, Michael) Modified docket text and document relationship to #60 on 6/22/2022 (LCK). (Entered: 06/21/2022)

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SUPPLEMENT to 60 MOTION for Summary Judgment (Add'l Exhibits to Rosman Statement) by Ultima Services Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Rosman, Michael) (Entered: 06/22/2022)

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RESPONSE in Opposition re 59 MOTION Exclude the Testimony and Opinions of Plaintiff's Expert Dr. Jonathan Guryan filed by Ultima Services Corporation. (Attachments: # 1 Affidavit Rosman Statement, # 2 Exhibit Exhibit 1 to Rosman Statement, # 3 Exhibit Exhibit 2 to Rosman Statement, # 4 Exhibit Exhibit 3 to Rosman Statement, # 5 Exhibit Exhibit 4 to Rosman Statement)(Rosman, Michael) (Entered: 07/05/2022)

1 Affidavit Rosman Statement

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2 Exhibit Exhibit 1 to Rosman Statement

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3 Exhibit Exhibit 2 to Rosman Statement

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4 Exhibit Exhibit 3 to Rosman Statement

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5 Exhibit Exhibit 4 to Rosman Statement

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RESPONSE in Opposition re 58 MOTION to Strike /Exclude Testimony of Daniel Chow filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Chow Report, # 2 Exhibit Second Chow Decl., # 3 Exhibit Chow Decl., # 4 Exhibit Guryan Report, # 5 Exhibit Chow dep. excerpts, # 6 Exhibit Guryan dep. excerpts)(Gray, Juliet) (Entered: 07/05/2022)

1 Exhibit Chow Report

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2 Exhibit Second Chow Decl.

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3 Exhibit Chow Decl.

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4 Exhibit Guryan Report

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5 Exhibit Chow dep. excerpts

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6 Exhibit Guryan dep. excerpts

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REPLY to Response to Motion re 58 MOTION to Strike /Exclude Testimony of Daniel Chow filed by Ultima Services Corporation. (Attachments: # 1 Affidavit Rosman Statement, # 2 Exhibit Exhibit 1 to Rosman Statement)(Rosman, Michael) (Entered: 07/12/2022)

1 Affidavit Rosman Statement

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2 Exhibit Exhibit 1 to Rosman Statement

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RESPONSE to Motion re 61 MOTION for Summary Judgment filed by Ultima Services Corporation. (Attachments: # 1 Other Response to Defs' St of Undisputed Material Facts, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Affidavit, # 7 Exhibit, # 8 Affidavit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Rosman, Michael) (Entered: 07/12/2022)

1 Other Response to Defs' St of Undisputed Material Facts

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2 Affidavit

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REPLY to Response to Motion re 59 MOTION Exclude the Testimony and Opinions of Plaintiff's Expert Dr. Jonathan Guryan filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Dinan, Christine) (Entered: 07/12/2022)

RESPONSE in Opposition re 60 MOTION for Summary Judgment filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Stonebraker Decl., # 2 Exhibit DOJ Stipulation, # 3 Exhibit Klein dep. excerpts)(Gray, Juliet) (Entered: 07/12/2022)

1 Exhibit Stonebraker Decl.

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2 Exhibit DOJ Stipulation

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3 Exhibit Klein dep. excerpts

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RESPONSE to Statement of Material Facts re 60 MOTION for Summary Judgment filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Klein dep. excerpts)(Gray, Juliet) (Entered: 07/12/2022)

1 Exhibit Klein dep. excerpts

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REPLY to Response to Motion re 61 MOTION for Summary Judgment filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Chow dep., # 2 Exhibit Wainwright dep., # 3 Exhibit Guryan dep., # 4 Exhibit Bennett dep., # 5 Exhibit Stover dep., # 6 Exhibit Mandell dep., # 7 Exhibit Klein decl.)(Gray, Juliet) (Entered: 07/19/2022)

1 Exhibit Chow dep.

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2 Exhibit Wainwright dep.

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3 Exhibit Guryan dep.

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4 Exhibit Bennett dep.

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5 Exhibit Stover dep.

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6 Exhibit Mandell dep.

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7 Exhibit Klein decl.

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RESPONSE to Statement of Material Facts re 63 Statement of Material Facts, filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Exhibit Stonebraker dep., # 2 Exhibit Mandell dep.)(Gray, Juliet) (Entered: 07/19/2022)

1 Exhibit Stonebraker dep.

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2 Exhibit Mandell dep.

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REPLY to Response to Motion re 60 MOTION for Summary Judgment filed by Ultima Services Corporation. (Attachments: # 1 Supplement, # 2 Affidavit, # 3 Exhibit, # 4 Affidavit, # 5 Exhibit)(Rosman, Michael) (Entered: 07/19/2022)

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Joint MOTION for Hearing (Status Conference) by Ultima Services Corporation. (Rosman, Michael) (Entered: 07/26/2022)

ORDER: This matter is before the Court on the parties' Joint Motion for Hearing [Doc. 77]. The parties seek a status conference to discuss a potential continuance of various deadlines related to the current trial date of October 11, 2022 [Id., pgs. 1-2]. Therefore, a telephonic status conference is set for Wednesday, August 3, 2022, at 11:30 a.m. EST. The parties shall call the Court's conference line at 866-390-1828 and enter access code 4845352 at the appointed time.Signed by District Judge Clifton L Corker on 07/27/2022. (CAT) (Entered: 07/27/2022)

ORDER: The Court conducted a status conference in the instant case on August 3, 2022, at the parties' request [Doc. 77]. During that conference, the parties explained that they did not believe a trial necessary because the Court could resolve all disputed issues based on the parties' pending motions. Therefore, it is hereby ORDERED that this matter is STAYED pending the resolution of the parties' motions for summary judgment [Docs. 60, 61]. It is furthered ORDERED that the final pretrial conference on September 20, 2022, and the trial on October 11, 2022, are CANCELLED. The Court may conduct a status conference after resolving the parties' motions, if it is clear that a trial still is necessary. Signed by District Judge Clifton L Corker on 8/3/2022. (LCK) (Entered: 08/03/2022)

Notice of Attorney Withdrawal Attorney K'Shaani Smith terminated. (Smith, K'Shaani) (Entered: 11/02/2022)

ORDER: Accordingly, the parties are DIRECTED to file supplemental letters addressing whether a potential decision by the Supreme Court overruling Grutter would impact the issues in this case and, if so, whether this matter should remain stayed until the Supreme Court releases its decision in the above-referenced cases. The parties letters must be no longer than five pages and filed by December 22, 2022. Signed by District Judge Clifton L Corker on 12/08/2022. (CAT) (Entered: 12/08/2022)

RESPONSE re 81 Order,, . (Rosman, Michael) (Entered: 12/22/2022)

RESPONSE re 81 Order,, . (Gray, Juliet) (Entered: 12/22/2022)

NOTICE by Ultima Services Corporation (Joint Notice re Recent Authority) (Attachments: # 1 Federal Register entry)(Rosman, Michael) (Entered: 03/23/2023)

1 Federal Register entry

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MEMORANDUM OPINION AND ORDER denying 58 MOTION to Strike /Exclude Testimony of Daniel Chow filed by Ultima Services Corporation and denying 59 MOTION Exclude the Testimony and Opinions of Plaintiff's Expert Dr. Jonathan Guryan filed by Secretary of Agriculture, U.S. Department of Agriculture, Administrator of the Small Business Administration, U.S. Small Business Administration. See Memorandum for details. Signed by District Judge Clifton L Corker on 5/2/2023. (LCK) (Entered: 05/02/2023)

MEMORANDUM OPINION AND ORDER: Accordingly, for the reasons stated herein, Ultima's Motion for Summary Judgment 60 is GRANTED IN PART AND DENIED IN PART, and Defendants' Motion for Summary Judgment 61 is DENIED. The Court DECLARES that Defendants' use of the rebuttable presumption violates Ultima's Fifth Amendment right to equal protection of the law. It is ORDERED that Defendants are ENJOINED from using the rebuttable presumption of social disadvantage in administering Defendant SBA's 8(a) program. The Court reserves ruling on any further remedy subject to a hearing on that issue. To that end, a hearing via videoconference on the issue of any potential further remedies is set for August 31, 2023, at 1:30 p.m. EST. The parties will receive an email containing instructions regarding connection information. Signed by District Judge Clifton L Corker on 07/19/2023. (CAT) (Entered: 07/19/2023)

NOTICE of Appearance by Kacie Candela on behalf of All Defendants (Candela, Kacie) (Entered: 08/14/2023)

NOTICE by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration Notice of Compliance (Attachments: # 1 Affidavit Declaration of John W. Klein)(Gray, Juliet) (Entered: 08/29/2023)

1 Affidavit Declaration of John W. Klein

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NOTICE of Appearance by Carlotta Wells on behalf of All Defendants (Wells, Carlotta) (Entered: 08/29/2023)

Minute Entry for proceedings held before District Judge Clifton L Corker: Status Conference held on 8/31/2023. Order to enter. (Court Reporter Karen Bradley) (KDO) (Entered: 08/31/2023)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 31, 2023, before Judge Corker. Court Reporter/Transcriber Karen Bradley, Telephone number (423)639-3918. 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 9/22/2023. Redacted Transcript Deadline set for 10/2/2023. Release of Transcript Restriction set for 11/30/2023. (KJB) (Entered: 09/01/2023)

ORDER: Pursuant to the Court's July 19, 2023, Memorandum Opinion and Order, the Court held a videoconference to discuss what, if any, further remedies Plaintiff was pursuing based on its prayers for relief in its complaint. Based on those discussions, the only pending issues are: (1) Plaintiff's request for an injunction precluding Defendants from reserving Natural Resources Conservation Service contracts for administrative and technical support; and (2) Defendants' compliance with the injunction issued in the Memorandum Opinion and Order. The parties agreed to a final round of briefing to address these issues. Accordingly, the Court hereby establishes the following briefing schedule: Plaintiff's brief is due within fourteen (14) days of this Order; and Defendants' response brief shall be due fourteen (14) days thereafter, after which Plaintiff shall have seven (7) days to file a reply brief. Signed by District Judge Clifton L Corker on 9/1/2023. (LCK) (Entered: 09/01/2023)

MOTION for Permanent Injunction and additional equitable relief pursuant to Court's Sept. 1, 2023 order (Doc. 92) by Ultima Services Corporation. (Attachments: # 1 memorandum, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit)(Rosman, Michael) (Entered: 09/15/2023)

1 memorandum

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2 Affidavit

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3 Exhibit

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4 Exhibit

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RESPONSE to Motion re 93 MOTION for Permanent Injunction and additional equitable relief pursuant to Court's Sept. 1, 2023 order (Doc. 92) filed by Administrator of the Small Business Administration, Secretary of Agriculture, U.S. Department of Agriculture, U.S. Small Business Administration. (Attachments: # 1 Affidavit Declaration of John W. Klein)(Gray, Juliet) (Entered: 09/29/2023)

1 Affidavit Declaration of John W. Klein

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