Pandemic Darlings The pandemic economy, in original documents
Home Court filings Concert Investor, LLC v. Small Business Administration

Case docket

Concert Investor, LLC v. Small Business Administration — D.D.C., No. 1:21-cv-03150 (CJN)

Concert Investor, LLC v. Small Business Administration — 9 court filings in the archive, mostly from U.S. District Court for the District of Columbia, filed between December 1, 2021 and August 6, 2026. Among them: 1 opinion.

Case facts

CourtU.S. District Court for the District of Columbia (2 filings); U.S. Court of Appeals for the District of Columbia Circuit (1 filing)
Filings9 public filings
Filed2021-12-01 – 2026-08-06
Document typesopinion (1)
Original PDFs8 of 9

Case summary

Concert Investor, LLC, a Tennessee company, applied for nearly $5 million under the Shuttered Venue Operators Grant program and was denied. It sued the Small Business Administration and Administrator Isabella Casillas Guzman in the U.S. District Court for the District of Columbia, No. 1:21-cv-03150 (CJN). The district court granted summary judgment to the government in 2022; the D.C. Circuit vacated and remanded in 2024, holding the SBA's reading of the Act inconsistent with the statutory language; and after a further agency denial the district court, in a memorandum opinion of March 13, 2026, concluded that it has subject-matter jurisdiction, vacated the SBA's denial and remanded to the agency for further proceedings. The page also carries the appellant's opening brief in D.C. Circuit No. 22-5253 and a redacted joint appendix.

Case at a glance

PartiesPlaintiff: Concert Investor, LLC, which describes itself as specialising in the custom creation, design, management and production of live concert tours. Defendants: Small Business Administration and Isabella Casillas Guzman, Administrator
Court and docketU.S. District Court for the District of Columbia, Civil Action No. 1:21-cv-03150 (CJN); on appeal, U.S. Court of Appeals for the District of Columbia Circuit, No. 22-5253
ProgramShuttered Venue Operators Grant (SVOG) program, established by section 324 of the Economic Aid to Hard-Hit Small Business, Nonprofits, and Venues Act, Pub. L. No. 116-260, codified at 15 U.S.C. § 9009a; the brief records that the award requested is reduced by the total amount of Paycheck Protection Program loans received
ClaimsThat the SBA's denial of Concert Investor's SVOG application is unlawful, the plaintiff contending it qualifies as a live performing arts organization operator that produces live events; the government defended the denial and also argued the court lacks subject-matter jurisdiction
Disposition or statusDenial vacated and remanded. The district court granted summary judgment to the government in 2022; the D.C. Circuit vacated and remanded in 2024; and on March 13, 2026 the district court held that it has jurisdiction, vacated the SBA's denial of the application and remanded to the agency for further proceedings consistent with the opinion. No further agency decision is on this page
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the district court decide in 2026?

That it has subject-matter jurisdiction, that the SBA's most recent denial must be vacated, and that the matter is remanded to the agency for further proceedings consistent with the opinion. On jurisdiction the opinion reasons that where a plaintiff seeks an award of funds to which it claims entitlement under a statute it seeks specific relief rather than damages, so the Administrative Procedure Act's waiver of sovereign immunity applies.

What did the court of appeals hold?

In Concert Investor, LLC v. SBA, 100 F.4th 215 (D.C. Cir. 2024), it vacated and remanded, holding that the SBA's reading of the Act is inconsistent with the statutory language because if an entity also had to organise, promote, manage or host a concert in order to produce it, any entity meeting the definition of "produces" would simultaneously meet another basis for eligibility, rendering "produces" superfluous.

How much was claimed?

The appellant's brief states that $4,988,317.35 is Concert Investor's Adjusted Proposed Grant Amount, being 45% of its 2019 gross earned revenue under 15 U.S.C. § 9009a(c)(1)(A)(i) less the total amount of loans guaranteed under the Paycheck Protection Program that it received, and notes that its second amended complaint misstates the figure as $4,946,650.35 because of a transcription error. The brief adds that it is also eligible for a supplemental grant of 50% of the original award amount.

Summary written from the documents on this page; every sentence is sourced.

Filings

9 public filings from this case, in filing-date order.

  1. Complaint against Isabella Casillas — Concert Investor, LLC v. Small Business Administration (Dkt. 1, D.D.C.)Dkt. 1 · PDF
  2. Amended Complaint — Concert Investor, LLC v. Small Business Administration (Dkt. 23, D.D.C.)Dkt. 23 · PDF
  3. Second Amended Complaint against — Concert Investor, LLC v. Small Business Administration (Dkt. 38, D.D.C.)Dkt. 38 · PDF
  4. Memorandum Opinion — Concert Investor, LLC v. Small Business Administration (Dkt. 73, D.D.C.)Dkt. 73 · PDF
  5. Appellant's Opening Brief — Concert Investor LLC v. SBAPDF
  6. Memorandum OpinionOpinion · PDF
  7. Order granting in part and denying — Concert Investor, LLC v. Small Business Administration (Dkt. 131, D.D.C.)Dkt. 131 · PDF
  8. Redacted Joint Appendix
  9. Amended Complaint — Concert Investor, LLC v. Small Business Administration (Dkt. 147, D.D.C.)Dkt. 147 · PDF

Other cases in the archive from U.S. District Court for the District of Columbia.

Court, dates and docket numbers are as recorded on the filings.

Back to top