Golden Entertainment PA v. Small Business Administration — Order on Summary Judgment

Summary

An order dated March 29, 2024 and filed as Document 47 in Golden Entertainment PA, Inc. v. Small Business Administration, et al., Civil Action No. 22-1731 (JDB), in the U.S. District Court for the District of Columbia, signed by United States District Judge John D. Bates. The order grants in part and denies in part the plaintiff's motion for summary judgment, entering judgment for the plaintiff on its claim under 5 U.S.C. § 706(2)(A) and vacating and remanding the Shuttered Venue Operators Grant award determination to the Small Business Administration for redetermination and explanation. It grants in part the defendants' cross-motion, entering judgment for the defendants on the claim under 5 U.S.C. § 706(1). The order denies the plaintiff's motion for preliminary injunction and grants the unopposed motion to file the joint appendix under seal.

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        Case 1:22-cv-01731-JDB          Document 47        Filed 03/29/24      Page 1 of 2




                            UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF COLUMBIA


  GOLDEN ENTERTAINMENT PA, INC.,
          Plaintiff,
           v.                                              Civil Action No. 22-1731 (JDB)

  SMALL BUSINESS ADMINISTRATION,
  et al.,
          Defendants.


                                             ORDER

        Upon consideration of [35] plaintiff’s motion for summary judgment, [36] defendants’

cross-motion for summary judgment, [44] plaintiff’s motion for preliminary injunction, and [42]

plaintiff’s unopposed motion to file portions of the joint appendix under seal, and the entire record

herein, and for the reasons stated in the accompanying Memorandum Opinion issued on this date,

it is hereby

        ORDERED that [35] plaintiff’s motion for summary judgment is GRANTED IN PART

AND DENIED IN PART; summary judgment is entered for plaintiff on plaintiff’s claim that the

defendants’ determination of its Shuttered Venue Operators Grant award was “arbitrary,

capricious, or otherwise not in accordance with law,” 5 U.S.C. § 706(2)(A), and that defendants’

SVOG award determination, including the Notice of Award and SBA’s denial of the companies’

request for a larger award is VACATED AND REMANDED to the Small Business

Administration for redetermination and an explanation consistent with the accompanying

Memorandum Opinion; it is further




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          Case 1:22-cv-01731-JDB       Document 47       Filed 03/29/24      Page 2 of 2




          ORDERED that [36] defendants’ cross-motion for summary judgment is GRANTED IN

PART AND DENIED IN PART; summary judgment is entered for defendants on plaintiff’s

claim that defendants have “unlawfully withheld” agency action, 5 U.S.C. § 706(1); it is further

          ORDERED that [44] plaintiff’s motion for preliminary injunction is DENIED; and it is

further

          ORDERED that [42] plaintiff’s unopposed motion to file the LCvR 7(n) joint appendix

under seal is GRANTED and that [43] the unredacted joint appendix shall be FILED UNDER

SEAL.

          SO ORDERED.


                                                                                /s/
                                                                         JOHN D. BATES
                                                                     United States District Judge
Dated: March 29, 2024




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