Renewed Emergency Motion — DV Diamond Club v. SBA (E.D. Mich.)

Summary

Plaintiffs' Renewed Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction in DV Diamond Club of Flint, LLC v. United States Small Business Administration, Case No. 4:20-cv-10899, in the U.S. District Court for the Eastern District of Michigan, filed April 17, 2020 as ECF No. 12. The motion asks the court to bar enforcement of 13 C.F.R. § 120.110(p) and SBA SOP 50 10 5(K), Ch. 2(III)(A)(15) in PPP loan applications. It asks that lending banks be notified to stop using them, that plaintiffs' applications be granted if they otherwise qualify, and that plaintiffs be restored to their place in the application queue if their applications have already been formally denied, derailed, or paused. Its brief in support argues the rules violate the First and Fifth Amendments and exceed the SBA's authority, and that no bond should be required.

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