SBA 1208 lawsuit update:

• April 6, 2026

• 16:02

          On March 31st, attorneys representing SMART-TD and UP submitted a Rule 26(f) Report to the court. This is a joint report where the parties express their intent and expectations for the case progression. In summary:

• Both parties agree that discovery is not required. Instead, both parties will agree to a stipulated record of undisputed facts and documents by May 15th, 2026

• If the parties do not settle, the case will not go to trial but will be resolved by summary judgment. Summary judgment is used to expedite cases where there is no real dispute of facts but is just a matter of interpretation of the law.

• Each side must file their motion for summary judgment by July 14th, 2026. Each side has until August 28th, 2026, to file opposition briefs.

• The court has ordered a status conference for Sept 2nd, 2026. The purpose of this is for the parties to meet with the court to see if a settlement is likely and/or if mediation would be useful before the court decides on a date to issue a ruling.