Memorandum Opinion — Concert Investor, LLC v. Small Business Administration (Dkt. 73, D.D.C.)

Summary

A memorandum opinion by United States District Judge Carl J. Nichols in Concert Investor, LLC v. Small Business Administration, et al., Civil Action No. 1:21-cv-03150 (CJN), in the U.S. District Court for the District of Columbia, filed July 25, 2022 as Document 73. The court reviews the SBA's final decision denying the company Shuttered Venue Operators Grant assistance and rules on cross-motions for summary judgment. It holds that the agency's reading of an entity that produces live concerts, one ultimately responsible for essentially all aspects of a show, is not a post hoc rationalization. It finds the company has not shown the denial was arbitrary and capricious, noting the SBA rescinded three awards to competitors after reexamining them. The court denies Concert Investor's motion, grants the defendants' cross-motion and enters judgment for the defendants.

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