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Brigade Holdings Inc. v. U.S. Small Bus. Admin.

Diversity, Federal Question Jurisdiction Lacking in Suit Over SBA's Guarantee of Loan

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MEMORANDUM & ORDER In this case, Plaintiffs William Bethell (“Bethell”) and his two companies — Brigade Holdings, Inc. (“Brigade”) and Falcon Lighting, Inc. (“Falcon”) — seek declaratory judgments and damages regarding a loan allegedly guaranteed by the United States Small Business Administration (“SBA”). The SBA has now moved to dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons stated below, the Court finds that it lacks subject matter jurisdiction over this case and dismisses it without prejudice.1 BACKGROUND I. Facts Bethell, a New York citizen, owns two companies named Brigade and Falcon. (Dkt. 1, 1.) Together, Plaintiffs retrofit old lighting devices in commercial buildings, bill utility companies for their services, and collect payments seventy-five to ninety days later. (Id.

1-14.) On April 25, 2018, Falcon and Brigade entered into a $2.5 million loan agreement with BNB Bank (“BNB”). (Id.

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