Docket — Hyndman v. Small Business Administration, 7:22-cv-04973 (S.D.N.Y.)

Summary

Docket for Hyndman v. Small Business Administration, 7:22-cv-04973 (S.D.N.Y.), with the nature of suit listed as Administrative Procedure Act. Dante Hyndman filed the complaint on June 13, 2022 against Isabel Guzman, the Small Business Administration, the United States of America and Janet Yellen, with a request to proceed in forma pauperis that an order of July 14, 2022 granted. The case was reassigned to Judge Philip M. Halpern. A memo endorsement of March 7, 2023 granted defendants leave to file a motion to dismiss. By an opinion dated January 22, 2024, the court granted the motion to dismiss and dismissed the complaint with prejudice, and the clerk's judgment of that date states that the case is closed.

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Hyndman v. Small Business Administration

(7:22-cv-04973)

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District Court, S.D. New York

June 14, 2025, 1:50 p.m.

Philip Morgan Halpern

Hyndman v. Small Business Administration, 7:22-cv-04973, (S.D.N.Y.)

June 13, 2022

Jan. 22, 2024

Jan. 22, 2024

05:702 Administrative Procedure Act

Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision

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

Jun 13, 2022

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dante Hyndman. (sac) (Entered: 06/14/2022)

Request to Proceed In Forma Pauperis

Jun 13, 2022

COMPLAINT against Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. Document filed by Dante Hyndman. (sac) (Entered: 06/14/2022)

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Jun 13, 2022

Case Designated ECF. (sac)

Jul 14, 2022

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 7/14/2022) (vn) (Entered: 07/14/2022)

Order Granting IFP Application

Jul 15, 2022

MAILING RECEIPT: Document No: 3. Mailed to: Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801. (kh)

Jul 15, 2022

Mailing Receipt

Jul 17, 2022

NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case. (laq)

Jul 17, 2022

Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq)

Jul 18, 2022

Notice of Case Assignment/Reassignment

Jul 19, 2022

ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants SBA; Isabel Guzman, the Administrator of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for each of these Defendants. The Clerk of Court is further instructed to: (1) mark the box on the USM-285 form labeled "Check for service on U.S.A.; and (2) issue summonses and deliver to the Marshals Service a copy of this order and all other paperwork necessary for the Marshals Service to effect service on the Defendants. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff's responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is instructed to (1) issue summonses for the SBA, Guzman, Yellen, and the United States; (2) complete the USM-285 forms with the addresses for each defendant; (3) mark the box on the USM-285 forms labeled "Check for service on U.S.A."; and (4) deliver to the U.S. Marshals Service all documents necessary to effect service on Defendants. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/19/2022) (jca) Transmission to Pro Se Assistants for processing. (Entered: 07/19/2022)

Order of Service

Jul 21, 2022

SUMMONS ISSUED as to Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (aan) (Entered: 07/21/2022)

Jul 21, 2022

FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 7/21/2022 Re: Judge Philip M. Halpern 5 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (aan)

Jul 21, 2022

INFORMATION PACKAGE MAILED to Dante Hyndman 738 Pelhamdale Avenue New Rochelle, NY 10801, at, on 7/21/2022 Re: 5 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan) (Entered: 07/21/2022)

FRCP 4 Service Package - Mailed

Jul 21, 2022

FRCP 4 Service Package - Hand Delivered to U.S.M.

Sep 16, 2022

PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Dante Hyndman consents to receive electronic service via the ECF system. Document filed by Dante Hyndman.(sc) (Entered: 09/16/2022)

Pro Se Consent to Receive Electronic Service

Sep 16, 2022

MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL'S OFFICE. Document filed by Dante Hyndman.(sc) (Entered: 09/16/2022)

Miscellaneous Relief

Oct 24, 2022

MEMO ENDORSEMENT granting in part and denying in part 9 Motion re: 9 MOTION FOR ISSUANCE OF SUMMONS BY U.S. MARSHAL'S OFFICE. ENDORSEMENT Motion denied to the extent Plaintiff requests service of the summons and complaint on non-parties the United States Attorney General and United States Attorney for the Southern District of New York, as Plaintiff has not named them as defendants in this action and has not provided the Court any reason they should be joined in the action or that summonses should otherwise issue to them. The Court construes Plaintiff's letter as a request to extend the time for the United States Marshals to effectuate service on defendants the United States Small Business Administration; Isabel Guzman, the Administrator of the SBA; Janet Yellen, the Secretary of the Treasury; and the United States of America via the United States Attorney for the Southern District of New York pursuant to the Court's Order of Service (Doc. 5), and grants same. The time to effectuate service on the named defendants is extended, nunc pro tunc, for 90 days from the date of this order. Plaintiff is reminded that it is his responsibility to request an extension of time for service if the complaint is not served within 90 days of the date of this order. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). The Clerk of Court is respectfully requested to terminate the motion (Doc. 9) and to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Philip M. Halpern on 10/24/2022) (jca) (Entered: 10/24/2022)

Order on Motion for Miscellaneous Relief

Oct 31, 2022

MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The United States of America, served on 10/26/2022, answer due 12/27/2022. Service was made by email to Lisa Ahsarn, USAO. Document filed by Dante Hyndman. (sc) (Entered: 11/01/2022)

Marshal's Process Receipt and Return of Service Executed as to USA

Nov 3, 2022

NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of The United States of America..(Pantoja, Joseph) (Entered: 11/03/2022)

Nov 9, 2022

NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Isabel Guzman, Small Business Administration, Janet Yellen..(Pantoja, Joseph) (Entered: 11/09/2022)

Dec 8, 2022

ARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Isabel Guzman served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

Marshal's Process Receipt and Return of Service Executed as to USA

Dec 8, 2022

MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The United States of America, served on 11/29/2022, answer due 1/30/2023. Service was accepted by Lisa Ahearn, USAO. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

Marshal's Process Receipt and Return of Service Executed as to USA

Dec 8, 2022

MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Small Business Administration, served on 10/31/2022, answer due 12/30/2022. Service was accepted by Valerie Mills, Exec. Ops. Officer. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

Marshal's Process Receipt and Return of Service Executed as to USA

Dec 8, 2022

MARSHALS PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Janet Yellen, served on 10/31/2022, answer due 12/30/2022. Service was accepted by D. Lee, Deputy Exec. TVF Secretary. Document filed by Dante Hyndman. (sc) (Entered: 12/08/2022)

Marshal's Process Receipt and Return of Service Executed as to USA

Dec 19, 2022

NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 12/19/2022)

Dec 21, 2022

FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 12/21/2022)

Extension of Time to File Answer

Dec 21, 2022

LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022 re: ECF No. 19 - follow up advising Plaintiff has consented to ECF No. 19. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 12/21/2022)

Letter

Dec 21, 2022

ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated December 21, 2022., 2 Complaint. Application granted. The deadline to answer or otherwise respond to the complaint is extended to 1/27/2023. The Clerk of Court is respectfully requested to: 1) update the e-mail address on the docket for plaintiff as indicated in the Government's letter (Doc. 20) to dantehyndman96@gmail.com; and 2) mail a copy of this Order to Plaintiff. SO ORDERED. Isabel Guzman answer due 1/27/2023; Small Business Administration answer due 1/27/2023; The United States of America answer due 1/27/2023; Janet Yellen answer due 1/27/2023. (Signed by Judge Philip M. Halpern on 12/21/2022) (kv) (Entered: 12/21/2022)

Order on Motion for Extension of Time to Answer

Dec 22, 2022

Mailed a copy of 21 Order on Motion for Extension of Time to Answer, to Dante Hyndman at 738 Pelhamdale Avenue New Rochelle, NY 10801. (dsh)

Dec 22, 2022

Mail Order by USPS

Jan 24, 2023

SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated January 24, 2023. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 01/24/2023)

Extension of Time to File Answer

Jan 24, 2023

ORDER granting 22 Letter Motion for Extension of Time to Answer re 22 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated January 24, 2023. Application granted. The deadline to answer or otherwise respond to the complaint is extended to 2/3/2023. SO ORDERED. Isabel Guzman answer due 2/3/2023; Small Business Administration answer due 2/3/2023; The United States of America answer due 2/3/2023; Janet Yellen answer due 2/3/2023. (Signed by Judge Philip M. Halpern on 1/24/2023) (jca) (Entered: 01/24/2023)

Order on Motion for Extension of Time to Answer

Feb 1, 2023

LETTER addressed to Judge Philip M. Halpern from AUSA Joseph A. Pantoja dated February 1, 2023 re: pre-motion letter pursuant to Judge Halpern's Individual Practices, paras. 2.C. and 4.C. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 02/01/2023)

Letter

Feb 13, 2023

MEMO ENDORSEMENT on re: 24 Letter, filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. ENDORSEMENT Plaintiff is directed to file a response to defendants' pre-motion letter by 2/21/2023. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/13/2023) (jca) (Entered: 02/13/2023)

Memo Endorsement

Feb 21, 2023

ENDORSED LETTER addressed to Judge Philip M. Halpern from Dante Hyndman dated Undated re: Plaintiff respectfully request an extension of 10 days to reply to Defendants, Pre-Motion Letter. Counsel for the Defendants has been notified of this extension request and has agreed with the requested extension. ENDORSEMENT: Application granted. Plaintiff's response shall be filed by March 3, 2023. Plaintiff is reminded that pro se filings shall not be mailed or emailed to Chambers; he is therefore referred to the S.D.N.Y. webpage for pro se litigants (www.nysd.uscourts.gov/prose) for instructions for filing documents, as well general information for individuals representing themselves pro se. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/21/2023) (jca) (Entered: 02/21/2023)

Endorsed Letter

Mar 3, 2023

LETTER addressed to Judge Philip M. Halpern from D. Hyndman, re: Plaintiff directs the Court to the decisions rendered by the Sixth Circuit, DV Diamond Club of Flint v. U.S. Small Bus. Admin. 469 F. Supp. 3d459-Dist. Court D. Maryland etc. which have interpreted 634(b)(1) in favor of injunction, explaining: "Courts have held that 634(b)(1) was not intended to render the agency immune from injunctive relief in situations where the agency(SBA) has exceeded its statutory authority etc." Document filed by Dante Hyndman.(sc) (Entered: 03/06/2023)

Letter

Mar 7, 2023

MEMO ENDORSEMENT on re: 24 Letter, filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. ENDORSEMENT The Court waives any pre-motion conference requirement, grants Defendants leave to file a motion to dismiss, and sets the following briefing schedule: Defendants' motion to dismiss shall be served and filed by April 7, 2023; Plaintiff's opposition shall be served and filed by May 8, 2023; and Defendants' reply, if any, shall be served and filed by May 26, 2023. SO ORDERED. (Motions due by 4/7/2023., Replies due by 5/26/2023., Responses due by 5/8/2023) (Signed by Judge Philip M. Halpern on 3/7/2023) (jca) (Entered: 03/07/2023)

~Util - Set Deadlines AND Memo Endorsement

Apr 7, 2023

MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 04/07/2023)

Dismiss/Lack of Jurisdiction

Apr 7, 2023

MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 04/07/2023)

Memorandum of Law in Support of Motion

Apr 7, 2023

MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen. (Attachments: # 1 Supplement Local Rule 12.1 Notice to Pro Se Litigant, # 2 Affidavit certificate of service on plaintiff).(Pantoja, Joseph) (Entered: 04/07/2023)

Dismiss/Lack of Jurisdiction

May 8, 2023

LETTER addressed to Judge Philip M. Halpern from D. Hyndman, dated 5/8/23 re: Plaintiff respectfully writes for an extension of time to file the reply to Defendants' Motion to Dismiss. Due to family emergencies, Plaintiff has not had time to fully prepare the reply. Therefore, plaintiff asks the Court to enlarge the time to reply to 5/15/23 or thereafter. Document filed by Dante Hyndman.(sc) (Entered: 05/08/2023)

Letter

May 9, 2023

MEMO ENDORSEMENT on re: 32 Letter, filed by Dante Hyndman. ENDORSEMENT Application granted. Plaintiff's time to file opposition to defendants' motion to dismiss is extended to 5/15/2023. SO ORDERED. (Responses due by 5/15/2023) (Signed by Judge Philip M. Halpern on 5/9/2023) (jca) (Entered: 05/09/2023)

Memo Endorsement AND ~Util - Set Deadlines

May 15, 2023

PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS,re: 31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim.. Document filed by Dante Hyndman. (sc) (Entered: 05/16/2023)

Response in Opposition to Motion

May 25, 2023

REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. . Document filed by Isabel Guzman, Small Business Administration, The United States of America, Janet Yellen..(Pantoja, Joseph) (Entered: 05/25/2023)

Reply Memorandum of Law in Support of Motion

Jan 22, 2024

OPINION AND ORDER re: 31 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration, 29 MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim. filed by The United States of America, Janet Yellen, Isabel Guzman, Small Business Administration. Accordingly, the Complaint fails to state a claim upon which relief can be granted. Ba sed upon the foregoing, Defendants' motion to dismiss is GRANTED and Plaintiff'sComplaint is dismissed with prejudice. While [d]istrict courts should frequently provide leave to amend before dismissing a pro se complaint...leave to amend is not necessary when it would be futile." Reed v. Friedman Mgt. Corp., 541 F. App'x 40, 41 (2d Cir. 2013) (citing Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000)). For all the reasons described herein, Plaintiff's claims are dismiss ed with prejudice as any amendment would be futile. The Clerk of the Court is respectfully directed to terminate the pending motions (Doc. 29, Doc. 31) and to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/22/2024) (jca) Transmission to Orders and Judgments Clerk for processing.

Memorandum & Opinion

Jan 22, 2024

CLERK'S JUDGMENT re: 36 Memorandum & Opinion in favor of Small Business Administration, The United States of America, Isabel Guzman, Janet Yellen against Dante Hyndman. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 22, 2024, Plaintiff's claims are dismissed with prejudice as any amendment would be futile. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/22/2024) (Attachments: # 1 Appeal Package) (tp) (Main Document 37 replaced on 1/22/2024) (tp).

Judgment - Clerk

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