Exhibit A (Hoffer Declaration) — DV Diamond Club (E.D. Mich.)

Summary

Exhibit A in DV Diamond Club of Flint, LLC v. U.S. Small Business Administration (E.D. Mich.), Case No. 4:20-cv-10899, filed April 26, 2020 as ECF No. 26-1, marked as a redacted version. It is the declaration of Matthew J. Hoffer, counsel for all plaintiffs, on authentication of documents, executed April 26, 2020. In the Exhibit 1 emails, a chief lending officer writes that processing stopped based on SBA guidelines stating gentleman's clubs would be ineligible, and declines under advice from counsel to sign a declaration. Exhibit 2 states the listed businesses were denied access to PPP funds due to SBA guidance and regulations, citing 13 C.F.R. § 120.110(p). In Exhibit 3 a lender states its understanding that the Spearmint Rhino-related entities are within the prurient sexual nature exclusion. Exhibit 4 is a text stating a business does not qualify for the PPP loan.

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