Motion for Temporary Restraining Order — Vitolo v. Guzman

Record facts

U.S. District Court for the Eastern District of Tennessee · No. 3:21-cv-00176-TRM-DCP · Doc. 12 · 2021-05-12 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TENNESSEE 
 
 
JAKE’S BAR AND GRILL, LLC, and 
ANTONIO VITOLO, 
 
 
Plaintiffs, 
 
v. 
 
 
 
 
 
 
 
 
 
 
ISABELLA CASILLAS GUZMAN,  
 
Defendant. 
 
PLAINTIFFS’ MOTION FOR A  
TEMPORARY RESTRAINING ORDER 
 
Plaintiffs hereby move, pursuant to Federal Rule of Civil Procedure 65, for a 
temporary restraining order, to last until this Court rules on Plaintiffs’ preliminary 
injunction motion, prohibiting Defendant from paying out any grants from the 
Restaurant Revitalization Fund, unless Defendant begins processing applications 
and paying grants in the order that the applications were received, without regard to 
the race or gender of the applicants.  
The grounds for this motion are set forth more fully in an accompanying 
Memorandum in Support of a Temporary Restraining Order and Preliminary 
Injunction. In short, however, the American Rescue Plan Act of 2021 created a limited 
fund to provide relief for restaurants impacted by the COVID-19 pandemic, but then 
requires the Small Business Administration (SBA) (led by Defendant) to process 
applications from women and certain racial minorities ahead of white male 
Case 3:21-cv-00176-TRM-DCP   Document 12   Filed 05/12/21   Page 1 of 4   PageID #: 33

 
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applicants, in violation of the Equal Protection guarantee in the United States 
Constitution. SBA is currently awarding grants on a first-come, first-serve basis until 
the money runs out, but has placed white male applicants at the back of the line, 
creating a significant risk that there will be less (or no) money left when their turn 
comes. Every day that this process continues without an injunction or temporary 
restraining order, the fund gets smaller, increasing inequality between funds 
available to white men, and those who received priority consideration based on race 
and gender. To ensure that all applicants receive an equal shot at these much-needed 
relief funds, Plaintiffs seek an immediate, temporary restraining order requiring 
Defendant to halt paying out any grants from the fund until this Court can rule on a 
preliminary injunction, unless Defendant immediately begins processing applications 
and awarding grants in the order the applications were received, without regard to 
race or gender.   
Dated: May 11, 2021 
WISCONSIN INSTITUTE FOR LAW & LIBERTY 
Rick Esenberg 
rick@will-law.org 
/s/ Daniel P. Lennington 
Daniel P. Lennington (pro hac vice pending) 
dan@will-law.org 
Luke N. Berg (pro hac vice pending) 
luke@will-law.org 
330 E. Kilbourn Ave., Suite 725 
Milwaukee, WI 53202 
Phone: (414) 727-9455  
Fax: (414)727-6385 
 
 
Case 3:21-cv-00176-TRM-DCP   Document 12   Filed 05/12/21   Page 2 of 4   PageID #: 34

 
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/s/ Matthew J. McClanahan 
Matthew J. McClanahan (BPR #036867) 
McClanahan & Winston, PC 
PO Box 51907 
Knoxville, Tennessee 37950 
Telephone:  (865) 347-3921 
Fax:  (865) 444-0786 
Email: matt@tennadvocate.com 
 
Attorneys for Plaintiffs 
 
 
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CERTIFICATION 
Pursuant to Federal Rule of Civil Procedure 65, counsel for the Plaintiffs 
certifies the following with respect to notice to the Defendants:   
On May 11, 2021, before filing this case and motion, counsel for the Plaintiffs 
left a voicemail for and emailed the Civil Chief of the U.S. Attorney’s Office for the 
Eastern District of Tennessee to notify Defendant of Plaintiffs’ intention to seek a 
temporary restraining order and preliminary injunction in this matter, and provided 
Defendant with advance copies of the complaint, motion for a temporary restraining 
order, motion for preliminary injunction, memorandum and declaration in support of 
both, and the proposed order. 
Dated: May 11, 2021 
/s/ Daniel P. Lennington 
Daniel P. Lennington 
 
 
Case 3:21-cv-00176-TRM-DCP   Document 12   Filed 05/12/21   Page 4 of 4   PageID #: 36

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