Supplemental Brief in Support of Defendants' Motion to Dismiss — No. 1:21-cv-00748 (Dkt. 67)

Summary

A supplemental brief by defendants Bank of America, N.A. and Megan Scholz supporting their November 9, 2021 motion to dismiss in Natasha Athens d/b/a Favorite Things v. Bank of America, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire, filed December 22, 2021 as Document 67. Responding to the court's December 6, 2021 Order, it quotes the steps of the SBA's guidance for calculating maximum PPP loan eligibility for sole proprietors with employees. The brief states that the plaintiff's 2019 Schedule C line 31 is 0 and the Form 941 wage line is blank, so maximum PPP loan eligibility is 0 and BofA was required to deny forgiveness. It asks the court to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(6) and 9(b), and is signed by Thomas J. Pappas.

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