Hyndman v. Small Business Administration

Background

Dante Hyndman, representing himself, brought an action under the Administrative Procedure Act seeking review of the Small Business Administration’s decision to deny him a COVID-19 Economic Injury Disaster Loan. The defendants are the Small Business Administration; Isabel Guzman, identified as the Small Business Administration’s Administrator; Janet Yellen, identified as the Secretary of the Treasury; and the United States.

The court had previously granted Hyndman permission to proceed without prepaying court fees. The opinion explains that a person proceeding this way may rely on the court and the U.S. Marshals Service to serve the defendants.

Service Instructions

The court instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, mark the forms for service on the United States, issue summonses, and give the Marshals Service the order and other paperwork needed to complete service.

The court extended the service deadline until 90 days after the summonses are issued because Hyndman could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued. If service is not completed within that period, the opinion states that Hyndman should request an extension of time. It also states that Hyndman must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.

Ruling

Judge Philip M. Halpern ordered the Clerk of Court to issue the summonses, complete the service forms with each defendant’s address, mark the forms for service on the United States, and deliver the required documents to the Marshals Service. The Clerk was also directed to mail an information package to Hyndman. This order addressed service of the lawsuit and did not decide whether the Small Business Administration lawfully denied the loan.