Case docket
MomoCon, LLC v. Small Business Administration — D.D.C., No. 1:21-cv-02386-RC
MomoCon, LLC v. Small Business Administration — 5 court filings in the archive, mostly from U.S. District Court for the District of Columbia, filed between September 9, 2021 and November 22, 2024. Among them: 4 opinions and 1 complaint.
Case facts
| Court | U.S. District Court for the District of Columbia (4 filings); UNITED STATES DISTRICT COURT (1 filing) |
|---|---|
| Filings | 5 public filings |
| Filed | 2021-09-09 – 2024-11-22 |
| Document types | opinions (4), complaint (1) |
| Original PDFs | 5 of 5 |
Case summary
MomoCon, LLC filed this action on September 9, 2021 in the U.S. District Court for the District of Columbia, No. 1:21-cv-02386-RC, against the Small Business Administration and Administrator Isabella Casillas Guzman, seeking review of the denial of its application for Shuttered Venue Operators Grant funds. On February 10, 2022 District Judge Rudolph Contreras granted MomoCon summary judgment, holding that the denial was arbitrary and capricious, and remanded to the SBA. The SBA denied the application again, and on December 22, 2023 the court granted the SBA summary judgment and denied MomoCon's, having the same day denied the SBA's motion to stay. On November 22, 2024 the court denied MomoCon's motion for attorney's fees under the Equal Access to Justice Act, holding it was not a prevailing party.
Case at a glance
| Parties | Plaintiff: MomoCon, LLC, described in the complaint as a small business that promotes and produces live on-stage performances and, in the opinions, as a festival organization that annually produces a four-day convention. Defendants: Small Business Administration and Isabella Casillas Guzman, Administrator of the Small Business Administration |
|---|---|
| Court and docket | U.S. District Court for the District of Columbia, No. 1:21-cv-02386-RC, written on the opinions as Civil Action No. 21-2386 (RC) (District Judge Rudolph Contreras) |
| Program | Shuttered Venue Operators Grant (SVOG) program, established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, as amended, 15 U.S.C. § 9009a, and administered by the SBA's Office of Disaster Assistance. The complaint records that the American Rescue Plan added $1,249,500,000 for SVOG awards, that awards equal 45 percent of 2019 gross earned revenue, and that supplemental grants can bring the combined total to $10 million |
| Claims | An action under the Administrative Procedure Act, 5 U.S.C. § 706, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, for declaratory and injunctive relief, pleading that the SBA unlawfully withheld emergency federal financial assistance. On the merits MomoCon argued that the denial was arbitrary and capricious because the SBA granted applications by similar entities and did not appropriately consider the relevant evidence |
| Disposition or status | Judgment for the SBA. On February 10, 2022 the court granted MomoCon's motion for summary judgment, denied the SBA's motion to dismiss and in the alternative for summary judgment, held that the SBA had not shown a lack of jurisdiction and that its denial was arbitrary and capricious, and remanded for supplementation of the administrative record and further proceedings. The SBA issued a new decision on June 17, 2022, amended it on July 15 and August 1, 2022, and again found MomoCon ineligible. On December 22, 2023 the court denied the SBA's motion to stay and, in a separate opinion the same day, granted the SBA's motion for summary judgment and denied MomoCon's. On November 22, 2024 it denied MomoCon's motion for attorney's fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What did the 2022 opinion decide?
That the court had jurisdiction, rejecting the SBA's argument that sovereign immunity barred the suit because MomoCon sued for money damages, and that the SBA's denial of the SVOG application was arbitrary and capricious. The later opinion records that the court held the SBA had failed to explain why it treated MomoCon differently from other potentially similar companies, instructed it to supplement the administrative record regarding MomoCon's competitors, and directed it to revisit its conclusion that MomoCon did not satisfy the statute's "principal business activity" requirement. The matter was remanded to the SBA.
What happened after the remand?
The SBA issued a new decision on June 17, 2022 again finding MomoCon ineligible, amended it on July 15, 2022 and on August 1, 2022 issued a second amended final remand decision. Both parties moved for summary judgment again. After briefing closed the SBA moved to stay, first arguing the case was moot because it no longer held SVOG funds and then, after recouping some funding and withdrawing that argument, asking the court to wait for the D.C. Circuit's decision in Concert Investor, LLC v. Small Business Administration. On December 22, 2023 the court denied the stay and granted the SBA summary judgment, reviewing the agency's factual conclusions for substantial evidence under 5 U.S.C. § 706(2)(E).
Why were attorney's fees refused?
MomoCon moved for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), arguing that it was the prevailing party by virtue of the 2022 summary judgment order. In an opinion of November 22, 2024 the court held that it had retained jurisdiction when it remanded the case, so the remand order was only an interim victory and did not effect a court-ordered change in the legal relationship of the parties; MomoCon was therefore not a prevailing party and, not meeting all four conditions of the statute, its motion was denied.
Summary written from the documents on this page; every sentence is sourced.
Filings
5 public filings from this case, in filing-date order.
- Complaint for Declaratory and Injunctive Relief — MomoCon v. SBAComplaint · PDF
- Memorandum Opinion Granting MomoCon Summary Judgment — MomoCon v. SBA (D.D.C.)Opinion · PDF
- Memorandum Opinion and Order Denying Motion to Stay — MomoCon v. SBA (D.D.C.)Opinion · PDF
- Memorandum Opinion Granting SBA Summary Judgment — MomoCon v. SBAOpinion · PDF
- Memorandum Opinion Denying Attorney's Fees — MomoCon v. SBAOpinion · PDF
Court, dates and docket numbers are as recorded on the filings.