Court filing
Exhibit 13 Compilation for Dismissed Representatives — Marshall v. Prestamos CDFI, LLC (Dkt. 142-18, E.D. Pa. No. 5:21-cv-04337)
Filed October 4, 2024 in Marshall v. Prestamos CDFI, LLC; one of 344 filings from this case.
Record facts
| Court | U.S. District Court for the Eastern District of Pennsylvania |
|---|---|
| Filed | 2024-10-04 |
U.S. District Court for the Eastern District of Pennsylvania · No. 5:21-cv-04337-JMG · Doc. 142-18 · 2024-10-04 · Docket on CourtListener
Full text
Ex. 13 – Chart and Compilation of Documents re:
Dismissed Class Representatives
Case 5:21-cv-04337-JMG Document 142-18 Filed 10/04/24 Page 1 of 16
FORMER CLASS REPRESENTATIVES VOLUNTARILY DISMISSED
Name
Entry to Case1
Explanation of Voluntary Dismissal
Etuknwa, Enobong Marshall Third Am.
Compl.
Borrower had no records or firsthand knowledge that he executed Loan
Documents with Prestamos.2
Loyd, Katherine
Drevnak Compl.3
SBA sent Prestamos a letter on December 4, 2022 regarding Katherine Loyd
stating: “SBA has determined that the borrower was ineligible for the PPP loan.
. . . After a review of the documentation provided it has been determined that
the borrower has received more than one PPP loan. . . . SBA notes that the
borrower received multiple first draw PPP loans from different lenders. . . .
Based on the above stated reason(s), SBA has determined that forgiveness in the
amount of $0.00 is appropriate.”4
Drevnak, Georgina Drevnak Compl.
Bank records confirmed that Drevnak received and spent the PPP loan funds
disbursed by Prestamos.5
Ahmadou,
Kolawole
Marshall Am. Compl.
Bank records show that Ahmadou received his PPP loan funds, withdrew some
of them, had his account frozen by his bank, returned the withdrawn funds to his
bank, and then had his bank return the PPP funds to Prestamos.6
Grichar, Guy
Marshall Third Am.
Compl.
Bank records confirmed that Grichar received and spent the PPP loan funds
disbursed by Prestamos.7
Owsley, Leona
Marshall Am. Compl.
Plaintiff did not agree to a date for deposition.
Beattie, Ezra
Drevnak Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Dervin, Kiana
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Case 5:21-cv-04337-JMG Document 142-18 Filed 10/04/24 Page 2 of 16
Holland, Nancilee
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Innis, Dustin
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Pronsky, Daniel
Marshall Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
Stalnaker, Kelly
Marshall Am. Compl.
Did not provide written discovery consistent with the Court’s order or agree to a
date for deposition.
1 Marshall Compl. (filed 10/21/2021); Marshall Am. Compl. (filed 01/14/2022); Drevnak Compl. (filed 07/20/2023); Marshall Third
Am. Compl. (filed 05/02/2024).
2 Accompanying Compilation at 1-3 (E. Etuknwa Dep.) 61:9-63:6, 65:17-24.
3 Drevnak, et al. v. Prestamos CDFI, LLC, et al., 2:23-cv-02777-JMG (E.D. Pa.).
4 Accompanying Compilation at 4-5 (Letter from SBA to Prestamos dated Dec. 4, 2022 re: SBA Loan Review Decision for Katherine
Loyd) at ’58.
5 Id. at 6-9 (G. Drevnak Dep. Ex. 8) at ‘6.
6 Id. at 10-12 (Ahmadou Dep. Ex. 11) at ‘13.
7 Id. at 13 (G. Grichar June 24, 2021 Bank Statement).
Case 5:21-cv-04337-JMG Document 142-18 Filed 10/04/24 Page 3 of 16
Deposition of Enobong Etuknwa
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 1 (1)
1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
2
3
ALICIA MARSHALL, et : CASE NO.
al., individually and : 5:21-ev-04337-JMG
4
on behalf of all :
others similarly :
5
situated, :
Plaintiffs :
6
:
vs. :
7
:
PRESTAMOS CDFI, LLC, :
8
Defendant :
9
* * *
10
FRIDAY, AUGUST 2, 2024
11
* * *
12
13
Oral deposition of ENOBONG ETUKNWA
14
taken remotely, commencing at 12:20 p.m.
15
before Debbie Leonard, Registered Diplomate
16
Reporter, Certified Realtime Reporter.
17
18
19
20
21
22
23
24
25
1
Case 5:21-cv-04337-JMG Document 142-18 Filed 10/04/24 Page 4 of 16
Page 61
1 the exhibits attached to the Third Amended
2 Complaint are the PPP -- it's a sample of a
3 PPP loan document from somebody else in this
4 case --
5 A. Okay.
6 Q. -- and I'm wondering -- can you
7 see that okay? I'm going to --
8 A. Yeah, I could see it.
9 Q. So this is a note from the
10 Small Business Administration for the PPP
11 loan. Did you ever see a note from the SBA?
12 A. I don't recall.
13 Q. Did you ever see anything like
14 this document?
15 A. I don't recall. No, I don't
16 recall.
17 Q. And what do you mean by you
18 don't recall?
19 MR. COHEN: Objection.
20 THE WITNESS: Meaning any
21 documents, if any -- I don't recall
22 seeing any documents.
23 BY MS. AGUIRRE:
24 Q. Okay. So you -- do these
25 payment terms look familiar?
Page 62
1 A. I don't -- I don't remember
2 seeing anything about payment terms.
3 Q. Okay. This would be the
4 signature page at the end of the PPP loan
5 application. Do you remember signing a PPP
6 loan application?
7 A. That's what I'm telling you. I
8 assume that my -- whatever that stuff was --
9 when Steve called me, he said, "Hey, we're
10 wrapping this up," whatever. "You need to
11 answer" -- that would be -- it would be your
12 authorization, is what I was told.
13 I can't remember exactly what
14 type of authorization. So I assumed that my
15 authorization -- my -- either my text input
16 or my verbal input, whatever, was my
17 authorization to sign. That's what I'm going
18 to assume.
19 Q. So you don't have firsthand
20 knowledge that Steve signed a PPP loan
21 application?
22 A. No, I don't have knowledge if
23 he signed. I'm assuming that he signed it.
24 Otherwise, I mean, this wouldn't all be
25 happening if he did not. So I'm going to
Page 63
1 assume that he signed on my behalf.
2 Q. But he never shared the
3 application with you?
4 A. No, never, never. Never.
5 Never ever, ever shared the documents with
6 me, no. I didn't know how any of this goes.
7 Q. Okay.
8 A. So let's start off with that.
9 I don't know how -- I didn't know how any of
10 that goes. I've never done a PPP loan
11 before, so I don't know how that goes.
12 That's the reason I hired him.
13 Q. When he told you that you were
14 denied, did he tell you it was Blueacorn that
15 denied you?
16 A. Yeah, he said that Blueacorn --
17 yeah, he said that Blue -- yeah, he said
18 that -- I don't know if he said Blueacorn
19 denied -- he said that when he spoke to
20 somebody at Blueacorn or -- like I said, it
21 was e-mail or a text. I just remember him
22 saying that that organization said I was
23 denied.
24 Q. Do you remember whether he said
25 Prestamos denied you as well?
Page 64
1 A. I don't remember him verbally
2 telling me Prestamos, in all honesty. I
3 remember him saying the words "Blueacorn,"
4 and then the other word was "they." That's
5 what I was told. The other word was "they."
6 I do remember the "they." They denied.
7 Q. I believe the last question
8 was, do you remember the denial coming from
9 Prestamos?
10 A. I don't recall -- I don't
11 remember. I just remember "they." Blueacorn
12 was the name tossed in there. "They" was
13 another term. He used, "They denied you."
14 Because, like I said, I was
15 bugging them. I just wanted to know why.
16 What was going on. Why. Why did they deny
17 you? I don't know. They just denied you.
18 Q. But do you have any firsthand
19 knowledge about Steve signing a note for the
20 loan?
21 A. No, no, because I didn't know
22 how that goes, you know. I did, like I told
23 you in the beginning -- I don't -- I can't
24 lie to you and tell you -- I'm not going to
25 lie to you and tell you how the conversation
Deposition of Enobong Etuknwa
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 19 (61 - 64)
2
Case 5:21-cv-04337-JMG Document 142-18 Filed 10/04/24 Page 5 of 16
Page 65
1 went. I do recall something about us
2 agreeing for him to sign the documents, any
3 documents that I need, he'll take care of it,
4 he'll handle it. And I thought that was
5 appropriate. What I believed was
6 appropriate.
7 So I mean, was it? Was it not?
8 I thought that that was appropriate, you
9 know. I mean, like I said, I have no
10 knowledge about how the PPP loan process is
11 supposed to go, so I just went with word of
12 mouth from my godmother that this guy would
13 help because he takes care of other
14 people's -- he's taken care of other people's
15 PPP loans and he's taken care of people's
16 taxes.
17 Q. So to this day, do you have a
18 copy of the forms that Steve supposedly
19 submitted on your behalf?
20 A. I don't have any of that.
21 Q. And you never saw any of those
22 documents?
23 A. Never saw any of those
24 documents.
25 Q. Okay. Give me one second here.
Page 66
1 We're going to go back to the Third Amended
2 Complaint, Exhibit 2. Can you see that okay?
3 So I'll zoom in on -- or
4 highlight, rather, paragraph 352 of the Third
5 Amended Complaint. Do you see where I've
6 highlighted?
7 A. Uh-huh. 352.
8 Q. Yes. Here -- I'll zoom in.
9 A. Yes, ma'am.
10 Q. Here it says, "In May 2021, the
11 SBA approved Etuknwa's PPP loan application
12 and assigned it an SBA loan
13 number
"
14 Do you have any firsthand
15 knowledge about SBA approving your loan
16 application?
17 A. You want me to get into how I
18 found out about it and then -- or do you -- I
19 don't understand the question. Are you
20 asking me did I have any knowledge at the
21 time when Steve was telling me I got denied
22 that I was approved?
23 Q. I'll -- I'll rephrase the --
24 A. Because I didn't have any
25 knowledge -- so let's be clear. I didn't
Page 67
1 have any knowledge at the time that I was
2 denied, that I was told I was denied, that I
3 was approved by the SBA. I had no knowledge
4 of that. No, ma'am.
5 Q. Okay. And what about after?
6 How did you find out -- how do you know the
7 SBA approved your loan application?
8 A. Great question. During my --
9 me and my wife's separation, right before the
10 divorce, I was dating another woman. We
11 broke up. She became almost stalker-ish.
12 And she called me one day. She told me,
13 "Hey, you know, congratulations. I'm just --
14 I don't want no trouble. I'm just telling
15 you congratulations." Yada, yada, yada. "I
16 saw you got a PPP loan."
17 So I'm, like -- excuse my
18 language. I'm just telling you what I said.
19 "Fuck are you talking about?"
20 And so I kind of ignored it
21 because I didn't know where that was coming
22 from. And so it was definitely on my radar
23 because I was, like, where the hell did she
24 get that from? I thought she was just making
25 something up to just have conversation with
Page 68
1 me.
2 So going forward, I went to
3 court -- during the divorce proceedings with
4 my ex-wife, we go to court and her lawyer
5 says -- she pulls up the documents showing
6 that I've been approved for a PPP loan, and
7 she says the amount, around 20,000.
8 And me and my lawyer -- I'm
9 telling him the business is not making money
10 like that right now. We're telling the
11 judge -- me and my lawyer, we're telling the
12 judge this.
13 The lady is adamant that I
14 received a PPP loan. And then says, "You're
15 hiding the money. Judge, Your Honor, he's
16 hiding the money." The judge thinks I'm
17 lying. I don't know where he's getting this
18 from.
19 I mean, feel free, it's
20 probably in the record. I'm pretty sure you
21 guys can go look up what happened.
22 I don't know where they're
23 getting this from. I'm, like, what the hell
24 are they talking about? "He's got approved
25 for a PPP loan. He has a PPP loan. It shows
Deposition of Enobong Etuknwa
Alicia Marshall, et al. v. Prestamos CDFI, LLC
215-341-3616 transcripts@everestdepo.com
Everest Court Reporting LLC
Page: 20 (65 - 68)
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Ahmadou 8/22/2024 D.H.
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