Sixth Circuit Order — DV Diamond Club v. SBA (E.D. Mich.)

Summary

An order of the U.S. Court of Appeals for the Sixth Circuit filed May 15, 2020 in DV Diamond Club of Flint, LLC v. SBA, No. 20-1437, entered as ECF No. 48 in originating Case No. 4:20-cv-10899, with the clerk's cover letter to counsel. The panel of Circuit Judges Siler, Stranch and Donald denies the SBA's motion to stay, pending appeal, the district court's preliminary injunction, which followed its conclusion that the SBA exceeded its statutory authority in adopting its PPP Ineligibility Rule. The order calls eligibility for "any business concern" meeting the size criteria under 15 U.S.C. § 636(a)(36)(D)(i) a reasonable interpretation and finds the harm to the SBA far outweighed by the harm to plaintiffs. It denies the request for an administrative stay as moot. Judge Siler dissents, stating the language seems to be ambiguous, and would grant the stay.

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