Court filing

Supplemental Brief in Support of TRO and PI — Vitolo v. Guzman

Summary

Plaintiffs' supplemental brief supporting their motions for a temporary restraining order and preliminary injunction in Jake's Bar and Grill, LLC and Antonio Vitolo v. Isabella Casillas Guzman, Case No. 3:21-cv-176, (E.D. Tenn.), filed May 12, 2021 as Document 15. Citing a May 12, 2021 SBA press release, the plaintiffs say the agency had received over 147,000 applications from priority applicants requesting a total of $29 billion, more than is available in the Restaurant Revitalization Fund, and had processed 21,000 applications and disbursed $2.7 billion. They argue the fund will run out before disfavored applicants get relief. They ask the Court to order SBA to stop disbursements until it rules and then to require applications to be processed in the order received, without regard to race or gender; the brief is signed /s/ by Daniel P. Lennington and Matthew J. McClanahan.

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Filed May 12, 2021 in Vitolo v. Guzman; one of 26 filings from this case.

Record facts

Court	UNITED STATES DISTRICT COURT
Filed	2021-05-12

Cite this document

“Supplemental Brief in Support of TRO and PI — Vitolo v. Guzman.” UNITED STATES DISTRICT COURT, No. 3:21-cv-00176-TRM-DCP, Doc. 15, filed 2021-05-12. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/vitolo-v-guzman/2021-05-12-supplemental-brief-tro-pi/, SHA-256 c871ec12e28292ef5c36859938cf1e68208256338cbb471275c1d962528554b7.

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Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
______________________________________________________________________________

JAKE’S BAR AND GRILL, LLC, and
ANTONIO VITOLO,

Plaintiffs,

Case No. 3:21-cv-176

ISABELLA CASILLAS GUZMAN,

Defendant.
______________________________________________________________________________
SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR TEMPORARY
RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION
______________________________________________________________________________
Shortly after Plaintiffs filed this lawsuit, the Small Business Association
released its latest data on the Restaurant Revitalization Fund. This new data
strongly supports Plaintiffs’ request for an immediate temporary restraining order
and preliminary injunction. According to SBA, it has already received over 147,000
applications from “priority” applicants, requesting a total of $29 billion in funds—
more than is available in the fund. See Small Business Association, Recovery for the
Smallest Restaurants and Bars: Administrator Guzman Announces Latest
Application Data Results for the Restaurant Revitalization Fund (May 12, 2021),
https://www.sba.gov/article/2021/may/12/recovery-smallest-restaurants-bars-
administrator-guzman-announces-latest-application-data-results.
Furthermore, SBA’s press release announces that it has already processed
21,000 applications and disbursed $2.7 billion of the funds. Id. In other words, unless
this Court issues a temporary restraining order or preliminary injunction, the fund
Case 3:21-cv-00176-TRM-DCP Document 15 Filed 05/12/21 Page 1 of 2 PageID #: 102

will be entirely depleted before disfavored applicants, like Plaintiffs, ever have a shot
at this much-needed relief. This Court can fully remedy the blatant equal protection
violation by immediately ordering Defendant to cease disbursements from the fund
until this Court can rule on the preliminary injunction motion, and then issuing a
preliminary injunction requiring SBA to process applications in the order they were
received, without regard to the race or gender of the applicant.

Dated May 12, 2021

WISCONSIN INSTITUTE FOR LAW & LIBERTY
Rick Esenberg (pro hac vice pending)
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

/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
Case 3:21-cv-00176-TRM-DCP Document 15 Filed 05/12/21 Page 2 of 2 PageID #: 103

File and source

File: gov.uscourts.tned.99748.15.0.pdf
Size: 73,977 bytes
SHA-256: c871ec12e28292ef5c36859938cf1e68208256338cbb471275c1d962528554b7
Our copy: gov.uscourts.tned.99748.15.0.pdf
Original: No public link identified.