| Date Filed | Doc # | Docket Text |
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| 2023-09-05 | 1 | Complaint for Declaratory and Injunctive Relief against Small Business Administration. Filing fee paid $402.00, receipt number AOHNDC-12164032. Filed by HHHB, LLC, 1909 W25, LLC, Mandrake Columbus, LLC, 2125 Cafe, LLC, 100 E. Central Boulevard, LLC, JSJ Klub, Inc., Star Bar & Grill, Inc., Westerville Restaurant Group, LLC, TH CBUS, LLC, MGG Hospitality, LLC, W6 Restaurant Group, Ltd, Bistecca Corporation, Other Bar, LLC, Summer House, LLC, HB Church Street, LLC. (Attachments: # 1 Exhibit A-Declaration of Vanessa K. Piccioni, # 2 Exhibit B-09-16-22 Letter to U.S. Small Business Administration, # 3 Exhibit C-10-14-22 Email From FOIA to M. Gupta, # 4 Exhibit D-12-09-22 Letter from M. Gupta to Small Business Administration, # 5 Civil Cover Sheet) (Gupta, Manju) (Entered: 09/05/2023) |
| 2023-09-05 | | Judge Pamela A. Barker assigned to case. (F,AW) (Entered: 09/05/2023) |
| 2023-09-05 | | Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (F,AW) (Entered: 09/05/2023) |
| 2023-09-05 | 2 | Magistrate Consent Form issued. No summons issued, no summons were provided. (F,AW) (Entered: 09/05/2023) |
| 2023-09-06 | | Notice by Clerk that Star Bar & Grill, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (F,AW) (Entered: 09/06/2023) |
| 2023-09-08 | 3 | Corporate Disclosure Statement filed by W6 Restaurant Group, Ltd. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 4 | Corporate Disclosure Statement filed by 1909 W25, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 5 | Corporate Disclosure Statement filed by 2125 Cafe, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 6 | Corporate Disclosure Statement filed by TH CBUS, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 7 | Corporate Disclosure Statement filed by 100 E. Central Boulevard, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 8 | Corporate Disclosure Statement filed by Bistecca Corporation. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 9 | Corporate Disclosure Statement filed by HB Church Street, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 10 | Corporate Disclosure Statement filed by HHHB, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 11 | Corporate Disclosure Statement filed by JSJ Klub, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 12 | Corporate Disclosure Statement filed by MGG Hospitality, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 13 | Corporate Disclosure Statement filed by Star Bar & Grill, Inc.. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 14 | Corporate Disclosure Statement filed by Other Bar, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 15 | Corporate Disclosure Statement filed by Mandrake Columbus, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 16 | Corporate Disclosure Statement filed by Westerville Restaurant Group, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-08 | 17 | Corporate Disclosure Statement filed by Summer House, LLC. (Gupta, Manju) (Entered: 09/08/2023) |
| 2023-09-11 | 18 | Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Bridget M. Brennan, United States District Court for the Northern District of Ohio as related to Case No. 1:21-cv-02361. Judge Pamela A. Barker on 9/11/2023. (P,K) (Entered: 09/11/2023) |
| 2023-09-12 | | Judge Bridget Meehan Brennan assigned to case. Judge Pamela A. Barker terminated. (R,AP) (Entered: 09/12/2023) |
| 2023-09-13 | 19 | Praecipe for issuance of Original Summons to Small Business Administration filed by all plaintiffs. (Attachments: # 1 Summons)(Gupta, Manju) (Entered: 09/13/2023) |
| 2023-09-13 | 20 | Praecipe for issuance of Original Summons to United States Small Business Administration c/o Rebecca C. Lutzko, United States Attorney for the Northern District of Ohio filed by All Plaintiffs. Related document(s) 1 . (Attachments: # 1 Summons)(Gupta, Manju) (Entered: 09/13/2023) |
| 2023-09-13 | 21 | Praecipe for issuance of Original Summons to Small Business Administration c/o Merrick Garland, Attorney General of the United States filed by all plaintiffs. (Attachments: # 1 Summons)(Gupta, Manju) (Entered: 09/13/2023) |
| 2023-09-18 | 22 | Original Summons issued to counsel for service upon Small Business Administration. (F,AW) (Entered: 09/18/2023) |
| 2023-09-18 | 23 | Original Summons issued to counsel for service upon Small Business Administration (c/o Merrick Garland, Attorney General). (F,AW) (Entered: 09/18/2023) |
| 2023-09-18 | 24 | Original Summons issued to counsel for service upon Small Business Administration (c/o Rebecca C. Lutzko, US Attorney for the Northern District of Ohio). (F,AW) (Entered: 09/18/2023) |
| 2023-09-19 | | Service by Clerk. Summons and Complaint addressed to Small Business Administration, c/o Merrick Garland Attorney General of the United States, placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 2620 0000 9139 5093. (Mc,K) (Entered: 09/19/2023) |
| 2023-09-19 | | Service by Clerk. Summons and Complaint addressed to Small Business Administration, c/o Rebecca C. Lutzko United States Attorney for the Northern District of Ohio, placed in U.S. Mail. Type of service: certified mail. Receipt # 7017 2620 0000 9139 5109. (Mc,K) (Entered: 09/19/2023) |
| 2023-09-19 | | Service by Clerk. Summons and Complaint addressed to Small Business Administration placed in U.S. Mail. Type of service: certified mail. Receipt # 7022 0410 0002 1914 4322. (Mc,K) (Entered: 09/19/2023) |
| 2023-09-25 | 25 | Return of Service by Clerk by certified mail executed upon Small Business Administration, c/o U.S. Attorney on 9/21/2023, filed on behalf of all plaintiffs. Related document(s) 24 . (S,HR) (Entered: 09/25/2023) |
| 2023-11-06 | 26 | Return of Service by Clerk by certified mail executed upon Small Business Administration c/o Merrick Garland on 10/25/2023, filed on behalf of all plaintiffs. Related document(s) 23 . (E,P) (Entered: 11/06/2023) |
| 2023-11-13 | 27 | Return of Service by Clerk by certified mail executed upon Small Business Administration on 10/24/2023, filed on behalf of all Plaintiffs. Related document(s) 22 . (E,P) (Entered: 11/13/2023) |
| 2023-11-14 | 28 | Amended complaint for declaratory and injunctive relief against All Defendants. Filed by Mandrake Columbus, LLC, JSJ Klub, LLC, TH CBUS, LLC, W6 Restaurant Group, Ltd, Summer House, LLC, HHHB, LLC, 100 E. Central Boulevard, LLC, Star Bar & Grill, Inc., Westerville Restaurant Group, LLC, 2125 Cafe, LLC, MGG Hospitality, LLC, Bistecca Corporation, 1909 W25, LLC, Other Bar, LLC, HB Church Street, LLC. (Attachments: # 1 Exhibit A - Piccioni Declaration, # 2 Exhibit B - 9-16-22 FOIA Request, # 3 Exhibit C - 10-14-22 SBA Email, # 4 Exhibit D - PL 12-9-22 Appeal, # 5 Exhibit E - 9-19-23 SBA Email, # 6 Exhibit F - SBA 12-20-22 Response, # 7 Exhibit G - Attachments to SBA 12-20-22 Response, # 8 Exhibit H - PL 10-20-23 Correspondence, # 9 Exhibit I - PL 7-21-23 FOIA Request, # 10 Exhibit J - SBA 8-21-23 Email re Processing Fee, # 11 Exhibit K - PL 8-21-23 Acceptance of Fees) (Gupta, Manju) (Entered: 11/14/2023) |
| 2024-01-19 | | Order [non-document]: Pursuant to the Northern District of Ohio's Electronic Filing Policies and Procedures Manual, Appendix B to the Local Rules, "[i]f a party requiring service is not listed on the electronic filing receipt as having been sent an electronic notice of the filing, the filing party must serve that party by other appropriate means." Plaintiffs served their amended complaint via "Court's electronic filing system upon all counsel of record." (Doc. No. 28 at PageID 109.) But Defendant has yet to appear in this action and thus has not received electronic notice of the amended complaint. Plaintiffs are ordered to serve Defendant with the amended complaint "by other appropriate means" on or before 2/12/2024 . Failure to do so will result in the dismissal of this case with prejudice for failure to prosecute. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 1/19/2024. (H,AR) (Entered: 01/19/2024) |
| 2024-01-19 | 29 | Notice of Service of Plaintiffs' Amended Complaint (Doc. 28) Upon Defendant The Small Business Administration filed by All Plaintiffs. Related document(s) 28 ,.(Gupta, Manju) (Entered: 01/19/2024) |
| 2024-01-22 | 30 | Answer to 28 Amended complaint filed by Small Business Administration. (Johnson, Lisa) (Entered: 01/22/2024) |
| 2024-01-24 | 31 | Case Management Conference Scheduling Order signed by Judge Bridget Meehan Brennan on 1/24/2024. A telephonic Case Management Conference is set for 3/5/2024 at 9:30 a.m. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to hearing. (Attachments: # 1 Report of Parties' Planning Meeting, # 2 Letter from Chief Judge Lioi, # 3 Magistrate Consent Form, # 4 Standard for Discovery of Electronically Stored Information, # 5 Rule 30.1) (H,AR) (Entered: 01/24/2024) |
| 2024-01-24 | 32 | Initial Standing Order signed by Judge Bridget Meehan Brennan on 1/24/2024. (H,AR) (Entered: 01/24/2024) |
| 2024-02-02 | 33 | Motion to continue Case Management Conference filed by Defendant Small Business Administration. (Johnson, Lisa) (Entered: 02/02/2024) |
| 2024-02-05 | | Order [non-document] granting Defendant's Motion to Continue Case Management Conference. (Doc. No. 33 .) The telephonic Case Management Conference set for March 5, 2024, at 9:30 a.m. is continued to March 13, 2024, at 10:30 a.m. Judge Bridget Meehan Brennan on 2/5/2024. (H,AR) (Entered: 02/05/2024) |
| 2024-02-07 | 34 | FILING ERROR - incomplete document (to be refiled) Return of Service by Certified Mail Upon U.S. Small Business Administration c/o Rebecca Lutzko, US Attorney, Northern District of Ohio executed upon Small Business Administration on 1/22/2024 filed on behalf of All Plaintiffs Related document(s) 29 . (Gupta, Manju) Marked error and contacted filer on 2/9/2024 (M,CE). (Entered: 02/07/2024) |
| 2024-02-07 | 35 | FILING ERROR - incomplete document (to be refiled) Return of Service by Certified Mail Upon U.S. Small Business Administration executed upon U.S. Small Business Administration c/o Merrick Garland, Attorney General of the United States, U.S. Department of Justice on February 2, 2024 filed on behalf of All Plaintiffs Related document(s) 29 . (Gupta, Manju) Marked error and contacted filer on 2/9/2024 (M,CE). (Entered: 02/07/2024) |
| 2024-03-08 | 36 | Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b)(3) - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. Related document(s) 31 .(Gupta, Manju) (Entered: 03/08/2024) |
| 2024-03-13 | 37 | Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Plaintiffs. (Gupta, Manju) (Entered: 03/13/2024) |
| 2024-03-13 | | Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic Case Management Conference was held on 3/13/2024. Attorneys Melissa Kelly, Manju Gupta, and David Campbell participated on behalf of Plaintiffs. Attorney Lisa Hammond Johnson participated on behalf of Defendant. Both parties agreed that production of and negotiations regarding Plaintiffs' second set of FOIA requests were ongoing. Both parties also agreed that counsel needed to meet and confer to understand the scope of Plaintiffs' first set of FOIA requests. The Court stated, and both counsel ultimately agreed, that it was premature to establish deadlines while production and negotiations were ongoing. The Court will determine whether it is necessary to set deadlines at the 5/16/2024 Status Conference. (Court Reporter: none.) Time: 25 minutes. (H,AR) (Entered: 03/13/2024) |
| 2024-03-13 | 38 | Case Management Conference Order: The parties are instructed to review the attached Order in its entirety. Case is assigned to the standard track. Amend pleadings/joinder of parties: 3/28/2024 ; non-expert discovery: TBD; expert reports for party bearing the burden of proof: TBD; responsive expert reports: TBD; expert discovery: TBD; and dispositive motions: TBD. The parties agreed to follow the default standard for ESI (Appendix K) and that a protective order was unnecessary at this time. A telephonic Status Conference is set for 5/16/2024 at 10:00 a.m. The Court will host the conference call and inform the parties by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the hearing. Judge Bridget Meehan Brennan on 3/13/2024. (H,AR) (Entered: 03/13/2024) |
| 2024-05-01 | 39 | Attorney Appearance as Additional Counsel by Kevin M. Spellacy filed by on behalf of All Plaintiffs. (Spellacy, Kevin) (Entered: 05/01/2024) |
| 2024-05-13 | 40 | First Status Report (Joint) filed by All Plaintiffs. Related document(s) 38 .(Gupta, Manju) (Entered: 05/13/2024) |
| 2024-05-15 | | IMPORTANT: Notice [non-document]: The telephonic Status Conference set for May 16, 2024, at 10:00 a.m. is rescheduled to May 21, 2024, at 11:30 a.m. (H,AR) (Entered: 05/15/2024) |
| 2024-05-21 | | Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic status conference was held on 5/21/2024. Attorneys Manju Gupta, Melissa Kelly, and Kevin Spellacy participated on behalf of Plaintiffs. Attorney Lisa Hammond Johnson participated on behalf of Defendant. Rolling production is ongoing, with the first production made in December 2023 and the second on May 18, 2024. Defendant has asserted statutory exemptions to the productions made thus far. A third production will be made. At least one request does not appear to seek information that Defendant possesses and therefore it appears unlikely Defendant will have responsive documents. Defendant's counsel represented that it could provide its privilege/exemption log for the May 18, 2024 production on or before June 14, 2024. Defendant's counsel also represented that the third production of documents could be completed on or before June 28, 2024. The Court adopts those deadlines. If additional time is need, Defendant must file a motion with the Court. IT IS SO ORDERED. (Court Reporter: None.) Time: 30 minutes. (H,Ch) (Entered: 05/21/2024) |
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