WANLESS v. YELLEN et al
| FINANCIAL STABILITY OVERSIGHT COUNCIL |
| HAROLD WANLESS and HAROLD R. WANLESS |
| JANET YELLEN |
| US DEPARTMENT OF TREASURY |
| 1:2023cv03416 |
| November 14, 2023 |
| US District Court for the District of Columbia |
| Jia M Cobb |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 NOTICE of Voluntary Dismissal by HAROLD R. WANLESS (Italiano, Mike) |
| Filing 12 DEMAND for Trial by Jury by HAROLD R. WANLESS. (Italiano, Mike) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JANET YELLEN served on 12/1/2023 (Italiano, Mike) |
MINUTE ORDER: Before this case was assigned to this Court, Plaintiff attempted to file his complaint on at least two occasions, along with what Plaintiff styles as an Emergency Motion for Preliminary Injunction. ECF 1; ECF 3; ECF 4. Plaintiff has also filed a Motion for Hearing and Motion for Temporary Restraining Order. ECF 10. This latest Motion requests that the Court hold a hearing on December 21, 2023. ECF 10-1. Notably, his Motion for Preliminary Injunction appends, as an exhibit, a motion for attorneys' fees seeking more than $600,000 from Defendants. ECF 4-3 at 1. Defendants have not been served and have not entered appearances in this matter. Upon review of these various filings, the Court hereby STRIKES Plaintiff's pending motions for preliminary injunctive relief and DENIES his request for attorneys' fees without prejudice. While Plaintiff has filed motions styled as requests for emergency, preliminary injunctive relief, they are no such thing. Plaintiff candidly admits that he seeks a preliminary injunction hearing "so the parties' attorneys can finally communicate on this matter," ECF 4-1 at 8, and that the relief sought through these motions is to "force the communications of the parties... and facilitate settlement." ECF 4-1 at 9; ECF 10 at 7. This is not the type of preliminary injunctive relief contemplated by Rule 65. If Plaintiff truly intended to seek preliminary injunctive relief, there are many, additional errors in his filings. The filings do not include the required certifications of efforts made to give Defendants, they include no certificates of service, and they do not explain why the Court should rule on an ex parte basis. See FRCP 65(a), (b)(1); LCvR 65.1(a). The motions are also unclear. The Court struggles to make sense of the nature of the dispute, the alleged harm to Plaintiff, or the relief that Plaintiff seeks (other than Plaintiff's request that this Court order the Parties get together in the same room to discuss settlement). If Defendants had been served with these motions, they would no doubt have difficulty responding. The Court is happy to refer the Parties to mediation upon a mutual request to do so. But the Court will not convene an "emergency" hearing for no reason other than to force Defendants to talk settlement. It may be that Plaintiff genuinely believes he will be irreparably harmed absent the relief requested in this suit, though the Court has serious doubts of this because, as his motion for $622,625 in "Detailed Attorneys Fees" reveals, Plaintiff's counsel has purportedly incurred fees for this matter since "July 2022." ECF 4-3 at 2. Regardless, if that is the case, then Plaintiff can refile a motion that fixes the deficiencies identified above. But for not, the pleadings are stricken. The Court concludes by explaining why it will DENY Plaintiff's request for attorneys' fees without prejudice. Amongst various legal shortcomings, at bottom the motion provides no legal basis for Plaintiff's purported entitlement to fees at this stage of the litigation or adequate documentation to support its request. In the future, counsel shall not file motions as exhibits to other filings. Signed by Judge Jia M. Cobb on December 6, 2023. (lcjmc2)
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| Filing 10 MOTION for Hearing by HAROLD R. WANLESS. (Attachments: #1 Text of Proposed Order PROPOSED HEARING ORDER)(Italiano, Mike). Added MOTION for Temporary Restraining Order on 12/5/2023 (znmw). |
| NOTICE OF ERROR regarding #9 MOTION for Hearing MOTION for Temporary Restraining Order. The following error(s) need correction: Other- Counsel is advised to stop including his complaint/request for declaratory judgement with every filing. (znmw) |
| Filing 9 ENTERED IN ERROR.....MOTION for Hearing by HAROLD R. WANLESS. (Attachments: #1 Memorandum in Support EMERGENCY HEARING MOTION, #2 Text of Proposed Order EMERGENCY HEARING PROPOSED ORDER)(Italiano, Mike). Added MOTION for Temporary Restraining Order on 12/5/2023 (znmw). Modified on 12/5/2023; refiled as docket entry #10 (znmw). |
| Filing 8 SUMMONS (4) Issued Electronically as to FINANCIAL STABILITY OVERSIGHT COUNCIL, JANET YELLEN, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(znmw) |
| Filing 7 REQUEST FOR SUMMONS TO ISSUE filed by HAROLD R. WANLESS. (Attachments: #1 Summons FSOC, #2 Summons FSOC DOJ, #3 Summons FSOC US ATTORNEY, #4 Summons TREASURY, #5 Summons TREASURY DOJ, #6 Summons TREASURY US ATTORNEY)(Italiano, Mike) |
| NOTICE OF ERROR re #6 Complaint; emailed to mike@sustainableproducts.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 3. Your summonses are all addressed to the same defendant. You must provide a summons PER defendant . (zljn, ) |
| Filing 6 ENTERED IN ERROR.....COMPLAINT WANLESS against U.S. DEPARTMENT OF THE TREASURY (Fee Status:Filing Fee Waived) filed by HAROLD R. WANLESS. (Attachments: #1 Summons FSOC, #2 Summons FSOC DOJ, #3 Summons FSOC US ATTORNEY, #4 Summons TREASURY, #5 Summons TREASURY DOJ, #6 Summons TREASURY US ATTORNEY)(Italiano, Mike) Modified on 12/4/2023; duplicate (znmw). |
| Case Assigned to Judge Jia M. Cobb. (zljn) |
| NOTICE OF ERROR re #1 Complaint; emailed to mike@sustainableproducts.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Summonses are incorrect. Please provide a summons for EACH defendant & 2 additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) |
| Filing 5 NOTICE 30-DAY NOTICE by HAROLD R. WANLESS (Attachments: #1 Exhibit EX 1, PART 1, #2 Exhibit EX 1, PART 2, #3 Exhibit EX 2, #4 Exhibit EX 3)(Italiano, Mike) |
| Filing 4 Emergency MOTION for Preliminary Injunction by HAROLD R. WANLESS. (Attachments: #1 Memorandum in Support HEARING MOTION, #2 Text of Proposed Order PROPOSED HEARING ORDER, #3 Memorandum in Support ATTORNEYS FEES MOTION, #4 Text of Proposed Order PROPOSED HEARING ORDER, #5 Affidavit AFFIDAVIT IN SUPPORT OF FEES)(Italiano, Mike). Added MOTION for Attorney Fees on 12/5/2023 (znmw). |
| Filing 3 COMPLAINT DR. HAROLD WANLESS against U.S. DEPARTMENT OF THE TREASURY (Fee Status:Filing Fee Waived) filed by HAROLD R. WANLESS. (Attachments: #1 Civil Cover Sheet TREASURY, #2 Civil Cover Sheet FSOC, #3 Summons FSOC & TREASURY)(Italiano, Mike) |
| NOTICE OF ERROR re #1 Complaint; emailed to mike@sustainableproducts.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 3. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 4. Incorrect initiating document. Motions or notices must be filed separately, not as a combined document with the complaint., 5. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) |
| Filing 2 REQUEST FOR SUMMONS TO ISSUE Department of Treasury filed by HAROLD WANLESS.(Italiano, Mike) |
| Filing 1 ENTERED IN ERROR.....COMPLAINT against JANET YELLEN, U.S. DEPARTMENT OF THE TREASURY and FINANCIAL STABILITY OVERSIGHT COUNCIL ( Filing fee $ 402 receipt number ADCDC-10493556) filed by HAROLD WANLESS.(Italiano, Mike) Modified on 11/16/2023 (zljn). |
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