Motion Showing Cause — The Escape Room LLC v. Small Business Administration (Dkt. 21, S.D. Ind.)

This source document is titled Motion Showing Cause — The Escape Room LLC v. Small Business Administration (Dkt. 21, S.D. Ind.) and is classified in controlled metadata as sba-materials.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

THE ESCAPE ROOM LLC,

)

)

Plaintiff,

)

)

v.

)
Case No. 1:22-cv-00122

)
SMALL BUSINESS ADMINISTRATION
)
and ISABELLA CASILLAS GUZMAN,
)
Administrator, Small Business Administrator, )

)

Defendants.

)

MOTION SHOWING CAUSE

Plaintiff, The Escape Room LLC, by counsel, submits this Motion Showing Cause
pursuant to this Court’s Order to Show Cause, and states the following in support:
1.
On January 14, 2022, Plaintiff filed its Complaint for Declaratory And
Injunctive Relief (“Complaint”) seeking emergency federal financial assistance
unlawfully withheld by Defendant Small Business Administration (“Defendant SBA”)
and its Administrator, Isabella Casillas Guzman (“Defendant Guzman”).
2.
On August 4, 2022, the Court filed an Order to Show Cause requesting
Escape Room show why the Court should not dismiss this action without prejudice for
failure to prosecute.
3.
Because neither Defendant SBA or Defendant Guzman has served an
answer or otherwise appeared in this action, Escape Room filed a Motion for Default
Judgment on August 26, 2022.
Case 1:22-cv-00122-JMS-DLP   Document 21   Filed 08/26/22   Page 1 of 4 PageID #: 82

4.
Because Escape Room has proceeded to prosecute its case by filing a Motion
for Default Judgment, this Court should not dismiss this action without prejudice for
failure to prosecute.
5.
Escape Room proposes that this Court decide the merits of the Motion for
Default Judgment, but proposes the following schedule to be followed if this Court denies
the Motion for Default Judgment:
a.  Defendants shall file a response to the Complaint within twenty-one
(21) days after the Court’s Order Denying Motion for Default Judgment.
b. Defendants shall produce a copy of the certified administrative record
to Escape Room within thirty (30) days after both Defendants have filed
their response to the Complaint.
c. Escape Room shall file a motion for summary judgment within forty-
five (45) days after receiving a copy of the certified administrative
record.
d.  Defendants shall file a combined opposition and cross motion for
summary judgment within thirty (30) days of Escape Room’s deadline
for filing its motion for summary judgment.
e. Escape Room shall file a reply in support of its motion for summary
judgment within fourteen (14) days of Defendant's deadline to file a
combined opposition and cross motion for summary judgment.
Case 1:22-cv-00122-JMS-DLP   Document 21   Filed 08/26/22   Page 2 of 4 PageID #: 83

f. Defendants shall file a reply in support of their cross motion for
summary judgment within fourteen (14) days of Escape Room’s
deadline to file reply in support of its motion for summary judgment.
WHEREFORE, Plaintiff requests this Court not dismiss this action without
prejudice for failure to prosecute.

Respectfully Submitted:

HEWITT LAW & MEDIATION, LLC

/s/ Michele L. Lorbieski

Brian C. Hewitt (#8341-49)

Michele L. Lorbieski (#28923-49)

Counsel for The Escape Room LLC

HEWITT LAW & MEDIATION, LLC
255 N Alabama Street #300
Indianapolis, IN 46204
Telephone:
(317) 922-2822
Facsimile:
(317) 922-2845
Email:
mlorbieski@hewittlm.com

bhewitt@hewittlm.com

Case 1:22-cv-00122-JMS-DLP   Document 21   Filed 08/26/22   Page 3 of 4 PageID #: 84

CERTIFICATE OF SERVICE

Undersigned counsel certifies that, on August 26, 2022, the foregoing was e-filed
using the Court’s CM/ECF system and has been served contemporaneously on the
following through e-service using the CM/ECF:

David A. Castor
ALDERING CASTOR LLP
dcastor@alerdingcastor.com

Gina M. Shields
Assistant U.S. Attorney
OFFICE OF THE UNITED STATES ATTORNEY
Gina.Shields@usdoj.gov

/s/Michele L. Lorbieski
Michele L. Lorbieski
Case 1:22-cv-00122-JMS-DLP   Document 21   Filed 08/26/22   Page 4 of 4 PageID #: 85

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