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

Summary

The plaintiffs' second amended complaint, filed September 21, 2021 as Document 35 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., 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, training slides that purportedly require applicants to withdraw pending PPP applications, and SBA decisions denying the RRF applications of some plaintiffs. It asks the court to set aside those denials, declare the challenged provisions unlawful and award fees under 28 U.S.C. § 2412.

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