First Amended Complaint — MAG Enterprises v. SBA (E.D. Pa.)

Summary

The plaintiffs' first amended complaint, filed July 26, 2021 as Document 29 in MAG Enterprises, Inc. v. United States Small Business Administration, Case No. 5:21-cv-02213-EGS, in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs, including MAG Enterprises, Inc. and Kimmico, Inc., sue the SBA, its Administrator and the United States over the Restaurant Revitalization Fund, 15 U.S.C. § 9009c. The complaint challenges the SBA's definition of "affiliated business" in its Program Guide as of April 28, 2021, its use of 13 C.F.R. § 120.110 as eligibility criteria, and training slides that purportedly require applicants to withdraw pending Paycheck Protection Program applications. It asks the court to declare those provisions unlawful, enjoin them, restore the plaintiffs' place in the application queue and award fees under 28 U.S.C. § 2412.

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