No. 22-7044

In Re Jordan Powell

Lower Court: N/A
Docketed: 2023-03-21
Status: Denied
Type: IFP
IFP
Tags: administrative-law antitrust disaster-loan due-process economic-injury eidl loan-calculation patent sba sba-authority
Key Terms:
AdministrativeLaw Antitrust DueProcess Securities Patent Trademark TradeSecret Privacy JusticiabilityDoctri
Latest Conference: 2023-05-18
Question Presented (from Petition)

1. Under the 5th Amendment Due Process clause, does the Small Business Administration (SBA) have the authority to apply an earlier loan calculation methodology to a longstanding increase request where the appropriation available at the time of that request was later rescinded and reallocated, after such loan reapplication was made, with a disaster loan calculation methodology that results in a substantial reduction in the applicable loan amount?

2. Were the actions of the SBA arbitrary and capricious when denying an economic injury disaster loan (EIDL) increase request to Petitioner's business, Pricecheck Inc. ("the Company"), where the reason for the denial was "your maximum eligibility of 24 months of working capital has been reached," when the Company had in fact only received at most, six months of working capital, and while six months of expenses was the appropriate loan amount calculation methodology at the time the increase request was made and when the loan agreement was signed?

3. Does the Office of Management and Budget's (OMB) August 11, 2021, Covid EIDL Supporting Statement A where "SBA will publish loan data, including recipient name, address, and amount received. ... on the USASpending.gov website pursuant to the requirements on the Data Act" and the subsequent failure to publish the loan information regarding Pricecheck Inc. rise to the level of obstruction of justice by the President where a letter request for assistance was sent to the President regarding the increase request March 12, 2021, the President was sued by Petitioner July 13, 2021, the President failed to respond to the Court's August 16, 2021 response deadline, the President then delivered a letter to Petitioner December 15, 2021, and the SBA apparently arbitrarily and capriciously denied Petitioner's December 30, 2021 increase request March 18, 2022, after midnight?

4. Where failure to publish "EIDL loan information under the Data Act" exacerbated the unfair competition injury to Petitioner (involving Alibaba Group Holdings Ltd.'s subsidiary Ant Group) where pursuant to the Patent Cooperation Treaty (PCT) and the Stockholm

Question Presented (AI Summary)

Whether the SBA had authority to apply an earlier loan calculation methodology to a longstanding increase request

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-03-14
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2023)

Attorneys

Jordan Powell
Jordan Thomas Taylor Powell — Petitioner