Concert Investor, LLC v. Small Business Administration (22-5253) — Docket

Summary

A CourtListener docket page, dated Aug. 21, 2024, for Concert Investor, LLC v. Small Business Administration, No. 22-5253, in the Court of Appeals for the D.C. Circuit. The appeal was taken from the District of Columbia case 1:21-cv-03150, with Judge Carl John Nichols as trial judge, and the notice of appeal was docketed Sep 29, 2022. The docket lists briefing schedule orders and extensions, an appellant brief of 11,219 words, and an argument date of Nov. 16, 2023. On May 3, 2024 a per curiam judgment, before Judges Pillard, Childs and Edwards, vacated the district court's order granting summary judgment to the Small Business Administration and remanded for further proceedings, with an opinion by Judge Childs. A per curiam order followed Aug. 21, 2024.

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Concert Investor, LLC v. Small Business Administration

(22-5253)

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Court of Appeals for the D.C. Circuit

Aug. 21, 2024, 2:06 p.m.

Panel:
CTLP, JMC, HTE

Date Argued:
Nov. 16, 2023

Concert Investor, LLC v. Small Business Administration, 22-5253, (D.C. Cir.)

Sept. 29, 2022

May 3, 2024

Aug. 21, 2024

2890 Other Statutory Actions

Fee Status:
Fee Paid

Case Type Information:
Civil US, United States

Originating Court Information

Appealed From:

District of Columbia

(1:21-cv-03150)

Court Reporter:
Janice Dickman, Court Reporter

Trial Judge:

Carl John Nichols

Dec. 1, 2021

Date Order/Judgment:
July 25, 2022

Date NOA Filed:
Sept. 22, 2022

Oral Argument Recordings

Concert Investor, LLC v. Small Business Administration

Nov. 16, 2023

Items on this page are sourced from PACER and RECAP and may not be up to date. Learn more about our coverage.

Sep 29, 2022

US CIVIL CASE docketed. [22-5253] [Entered: 09/29/2022 07:57 AM]

1208457472

Sep 29, 2022

NOTICE OF APPEAL [1966593] seeking review of a decision by the U.S. District Court in 1:21-cv-03150-CJN filed by Concert Investor, LLC. Appeal assigned USCA Case Number: 22-5253. [22-5253] [Entered: 09/29/2022 07:59 AM]

1208458008

Sep 30, 2022

CLERK'S ORDER [1966868] filed directing party to file initial submissions: APPELLANT docketing statement due 10/31/2022. APPELLANT certificate as to parties due 10/31/2022. APPELLANT statement of issues due 10/31/2022. APPELLANT underlying decision due 10/31/2022. APPELLANT deferred appendix statement due 10/31/2022. APPELLANT entry of appearance due 10/31/2022. APPELLANT transcript status report due 10/31/2022. APPELLANT procedural motions due 10/31/2022. APPELLANT dispositive motions due 11/14/2022; directing party to file initial submissions: APPELLEE certificate as to parties due 10/31/2022. APPELLEE entry of appearance due 10/31/2022. APPELLEE procedural motions due 10/31/2022. APPELLEE dispositive motions due 11/14/2022 [22-5253] [Entered: 09/30/2022 08:20 AM]

1208466332

Oct 31, 2022

ENTRY OF APPEARANCE [1971358] filed by Bradley G. Silverman and co-counsel R. Craig Lawrence on behalf of Appellees Isabella Casillas Guzman and Small Business Administration. [22-5253] (Silverman, Bradley) [Entered: 10/31/2022 03:42 PM]

1208466335

Oct 31, 2022

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1971359] filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 10/31/2022 ] [22-5253] (Silverman, Bradley) [Entered: 10/31/2022 03:43 PM]

1208466407

Oct 31, 2022

ENTRY OF APPEARANCE [1971397] filed by James E. Tysse and co-counsel Caroline L. Wolverton; and Lide E. Paterno on behalf of Appellant Concert Investor, LLC. [22-5253] (Tysse, James) [Entered: 10/31/2022 04:36 PM]

1208466413

Oct 31, 2022

CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1971399] filed by Concert Investor, LLC [Service Date: 10/31/2022 ] [22-5253] (Tysse, James) [Entered: 10/31/2022 04:37 PM]

1208466416

Oct 31, 2022

DOCKETING STATEMENT [1971400] filed by Concert Investor, LLC [Service Date: 10/31/2022 ] [22-5253] (Tysse, James) [Entered: 10/31/2022 04:38 PM]

1208466419

Oct 31, 2022

STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1971401] filed by Concert Investor, LLC [Service Date: 10/31/2022 ] Intent: AppxDeferred [22-5253] (Tysse, James) [Entered: 10/31/2022 04:39 PM]

1208466422

Oct 31, 2022

STATEMENT OF ISSUES [1971402] filed by Concert Investor, LLC [Service Date: 10/31/2022 ] [22-5253] (Tysse, James) [Entered: 10/31/2022 04:40 PM]

1208466425

Oct 31, 2022

TRANSCRIPT STATUS REPORT [1971403] filed by Concert Investor, LLC [Service Date: 10/31/2022 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [22-5253] (Tysse, James) [Entered: 10/31/2022 04:41 PM]

1208466431

Oct 31, 2022

UNDERLYING DECISION IN CASE [1971405] submitted by Concert Investor, LLC [Service Date: 10/31/2022 ] [22-5253] (Tysse, James) [Entered: 10/31/2022 04:42 PM]

1208467353

Nov 2, 2022

STATEMENT [1971838] with Disclosure Listing filed by Concert Investor, LLC [Service Date: 11/02/2022 ] [22-5253] (Tysse, James) [Entered: 11/02/2022 03:35 PM]

1208472771

Nov 22, 2022

CLERK'S ORDER [1974799] filed setting briefing schedule: APPELLANT Brief due 01/03/2023. APPELLEE Brief due on 02/02/2023. APPELLANT Reply Brief due 02/23/2023. DEFERRED APPENDIX due 03/02/2023. Final Briefs due 03/16/2023. [22-5253] [Entered: 11/22/2022 03:43 PM]

1208476153

Dec 6, 2022

UNOPPOSED MOTION [1976605] to extend time to file brief to 02/02/2023 filed by Concert Investor, LLC [Service Date: 12/06/2022 ] Length Certification: 403 words. [22-5253] (Tysse, James) [Entered: 12/06/2022 05:54 PM]

1208476420

Dec 7, 2022

CLERK'S ORDER [1976762] filed granting appellant's unopposed motion to extend time [1976605-2], The following revised briefing schedule will now apply: APPELLANT Brief due 02/02/2023. APPELLEE Brief due on 03/06/2023. APPELLANT Reply Brief due 03/27/2023. DEFERRED APPENDIX due 04/03/2023. Final Briefs due 04/17/2023. [22-5253] [Entered: 12/07/2022 03:47 PM]

1208490981

Feb 2, 2023

APPELLANT BRIEF [1984421] filed by Concert Investor, LLC [Service Date: 02/02/2023 ] Length of Brief: 11,219 words. [22-5253] (Tysse, James) [Entered: 02/02/2023 08:12 PM]

1208497165

Feb 28, 2023

UNOPPOSED MOTION [1987863] to extend time to file brief to 04/05/2023 filed by Isabella Casillas Guzman and Small Business Administration Length Certification: 290. [22-5253] (Silverman, Bradley) [Entered: 02/28/2023 10:39 AM]

1208497263

Feb 28, 2023

CLERK'S ORDER [1987931] filed granting motion to extend deadline to file [1987863-2]. The following revised briefing schedule will now apply: APPELLEE Brief due on 04/05/2023. APPELLANT Reply Brief due 04/26/2023. DEFERRED APPENDIX due 05/03/2023. FINAL BRIEFS due 05/17/2023. [22-5253] [Entered: 02/28/2023 02:37 PM]

Order Filed (CLERK)

1208505365

Mar 29, 2023

CONSENT UNOPPOSED MOTION [1992320] to extend time to file brief to 04/19/2023 filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 03/29/2023 ] Length Certification: 382. [22-5253] (Silverman, Bradley) [Entered: 03/29/2023 02:57 PM]

1208505987

Mar 31, 2023

CLERK'S ORDER [1992633] filed granting appellees' consent motion to extend time [1992320-2], The following revised briefing schedule will now apply: APPELLEE Brief due on 04/19/2023. APPELLANT Reply Brief due 05/10/2023. DEFERRED APPENDIX due 05/17/2023. Final Briefs due 05/31/2023. [22-5253] [Entered: 03/31/2023 11:08 AM]

Order Filed (CLERK)

1208511433

Apr 19, 2023

APPELLEE BRIEF [1995504] filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 04/19/2023 ] Length of Brief: 12,996 words. [22-5253] (Silverman, Bradley) [Entered: 04/19/2023 06:03 PM]

1208512126

Apr 21, 2023

UNOPPOSED MOTION [1995868] to extend time to file brief to 06/26/2023 filed by Concert Investor, LLC [Service Date: 04/21/2023 ] Length Certification: 497 words. [22-5253] (Tysse, James) [Entered: 04/21/2023 02:09 PM]

1208512455

Apr 24, 2023

CLERK'S ORDER [1996028] filed granting appellant's consent motion to extend time [1995868-2], The following revised briefing schedule will now apply: APPELLANT Reply Brief due 06/26/2023. DEFERRED APPENDIX due 07/03/2023. Final Briefs due 07/17/2023. [22-5253] [Entered: 04/24/2023 10:47 AM]

Order Filed (CLERK)

1208520843

May 23, 2023

LETTER [2000519] pursuant to FRAP 28j advising of additional authorities filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 05/23/2023 ] [22-5253] (Silverman, Bradley) [Entered: 05/23/2023 10:23 PM]

1208525023

Jun 7, 2023

LETTER [2002703] pursuant to FRAP 28j advising of additional authorities filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 06/07/2023 ] [22-5253] (Silverman, Bradley) [Entered: 06/07/2023 10:44 PM]

1208529381

Jun 26, 2023

APPELLANT REPLY BRIEF [2005149] filed by Concert Investor, LLC [Service Date: 06/26/2023 ] Length of Brief: 6,407 words. [22-5253] (Tysse, James) [Entered: 06/26/2023 06:26 PM]

1208531439

Jul 3, 2023

REDACTED JOINT APPENDIX [2006221] filed by Concert Investor, LLC [Volumes: 1] [Service Date: 07/03/2023 ] [22-5253] (Tysse, James) [Entered: 07/03/2023 02:00 PM]

Jul 3, 2023

SEALED APPENDIX 2006314 filed by Concert Investor, LLC [Volumes: 1] [Service Date: 07/03/2023 ] [22-5253] [Entered: 07/05/2023 09:27 AM]

1208535400

Jul 17, 2023

APPELLANT FINAL BRIEF [2008243] filed by Concert Investor, LLC [Service Date: 07/17/2023 ] Length of Brief: 11,150 words. [22-5253] (Tysse, James) [Entered: 07/17/2023 04:37 PM]

1208535406

Jul 17, 2023

APPELLANT FINAL REPLY BRIEF [2008244] filed by Concert Investor, LLC [Service Date: 07/17/2023 ] Length of Brief: 6,353 words. [22-5253] (Tysse, James) [Entered: 07/17/2023 04:39 PM]

1208535468

Jul 17, 2023

APPELLEE FINAL BRIEF [2008263] filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 07/17/2023 ] Length of Brief: 12,984. [22-5253] (Silverman, Bradley) [Entered: 07/17/2023 10:06 PM]

1208538968

Jul 28, 2023

LETTER [2010036] pursuant to FRAP 28j advising of additional authorities filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 07/28/2023 ] [22-5253] (Silverman, Bradley) [Entered: 07/28/2023 12:05 PM]

1208553423

Sep 18, 2023

CLERK'S ORDER [2017579] filed scheduling oral argument on Thursday, 11/16/2023. [22-5253] [Entered: 09/18/2023 02:54 PM]

Order Filed (CLERK)

1208558736

Oct 4, 2023

NOTICE [2020472] to withdraw attorney Michael W. Fires who represented Concert Investor, LLC in 22-5253 filed by Concert Investor, LLC [Service Date: 10/04/2023 ] [22-5253] (Fires, Michael) [Entered: 10/04/2023 06:23 PM]

1208566768

Oct 31, 2023

LETTER [2024685] pursuant to FRAP 28j advising of additional authorities filed by Isabella Casillas Guzman and Small Business Administration [Service Date: 10/31/2023 ] [22-5253] (Silverman, Bradley) [Entered: 10/31/2023 04:15 PM]

1208568809

Nov 7, 2023

PER CURIAM ORDER [2025773] filed allocating oral argument time as follows: Appellant - 10 Minutes, Appellees - 10 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 11/09/2023 [22-5253] [Entered: 11/07/2023 02:34 PM]

Per Curiam Order Filed (Merits Panel)

Nov 7, 2023

FORM 72 submitted by arguing attorney, Bradley Silverman, on behalf of Appellees Small Business Administration and Isabella Casillas Guzman (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [22-5253] (Silverman, Bradley) [Entered: 11/07/2023 04:47 PM]

Nov 7, 2023

FORM 72 submitted by arguing attorney, James E. Tysse, on behalf of Appellant Concert Investor, LLC (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [22-5253] (Tysse, James) [Entered: 11/07/2023 05:06 PM]

1208569750

Nov 9, 2023

RESPONSE [2026263] to letter Rule 28j authorities [2024685-2], letter [2024685-3] filed by Concert Investor, LLC [Service Date: 11/09/2023 by CM/ECF NDA] Length Certification: 350 words. [22-5253] (Tysse, James) [Entered: 11/09/2023 05:48 PM]

1208571799

Nov 16, 2023

ORAL ARGUMENT HELD before Judges Pillard, Childs and Edwards. [22-5253] [Entered: 11/16/2023 01:06 PM]

Jan 11, 2024

TRANSCRIPT 2035427 of oral argument (For Internal Use Only: Transcript is only available to court staff). [22-5253] [Entered: 01/11/2024 03:22 PM]

1208619238

May 3, 2024

PER CURIAM JUDGMENT [2052699] filed that the District Court's order granting summary judgment to the Small Business Administration be vacated and this case be remanded for further proceedings, for the reasons in the accompanying opinion . Before Judges: Pillard, Childs and Edwards. [22-5253] [Entered: 05/03/2024 09:56 AM]

1208619246

May 3, 2024

OPINION [2052701] filed (Pages: 12) for the Court by Judge Childs. [22-5253] [Entered: 05/03/2024 09:58 AM]

Opinion Filed (Merits Panel)

1208619249

May 3, 2024

CLERK'S ORDER [2052703] filed withholding issuance of the mandate. [22-5253] [Entered: 05/03/2024 10:00 AM]

Order Filed (CLERK)

1208636942

Jun 26, 2024

Order Filed (CLERK)

1208654930

Aug 21, 2024

Per Curiam Order Filed (Merits Panel)

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