Holden v Austin et al
Plaintiff: Nicholas Holden
Respondent: Lloyd J. Austin, III and Janet L Yellen
Case Number: 3:2023cv03339
Filed: November 29, 2023
Court: US District Court for the Central District of Illinois
Presiding Judge: Colleen R Lawless
Referring Judge: Karen L McNaught
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2024 Filing 25 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Lloyd J. Austin, III, Janet L Yellen.(Hoelzer, John)
December 20, 2023 TEXT ORDER by US Magistrate Judge Karen McNaught entered on 12/20/2023: Defendant's motion to substitute Assistant United States Attorney John D. Hoelzer for Assistant United States Attorney Adam Hanna #24 is ALLOWED. The appearance of Adam Hanna is terminated. (HS)
November 30, 2023 Filing 24 MOTION to Substitute Attorney, Adam Hanna to be replaced by John D. Hoelzer, by Respondents Lloyd J. Austin, III, Janet L Yellen. Responses due by 12/14/2023 (Hoelzer, John)
November 29, 2023 Filing 23 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-02941. .
November 28, 2023 Opinion or Order Filing 22 ORDER TRANSFERRING CASE TO OTHER DISTRICT: The parties have filed a Consent Motion for Transfer of Venue, acknowledging that proper venue for this case lies in the U.S. District Court for the Central District of Illinois. The parties further stipulate to a 60-day extension of time for Defendants to answer or otherwise respond to the complaint, up to and including January 26, 2024. The Court GRANTS the motion and, pursuant to 28 U.S.C. 1406(a), TRANSFERS this case to the Central District of Illinois for all further proceedings. Signed by Chief Judge Nancy J. Rosenstengel on 11/28/2023. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 27, 2023 Filing 21 Consent MOTION to Transfer Case by All Defendants. (Hanna, Adam)
November 22, 2023 Filing 20 NOTICE of Appearance by Adam E. Hanna on behalf of Lloyd J. Austin, III, Janet L Yellen (Hanna, Adam)
October 19, 2023 Filing 18 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #17 Return of Service Executed filed by Nicholas Holden. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 18, 2023 Filing 17 STRICKEN RETURN OF SERVICE EXECUTED by Nicholas Holden on September 26, 2023. (Vanacker, Jenny) Modified on 10/19/2023 (kdw).
September 20, 2023 Opinion or Order Filing 16 ORDER re #1 Complaint filed by Plaintiff Nicholas Holden. Plaintiff's Prayer for Relief requests that the Court prohibit further garnishment of Plaintiff's wages during the pendency of this case, which appears to be a request for injunctive relief. If Plaintiff indeed seeks injunctive relief, he is DIRECTED to file a separate motion to that effect on or before October 20, 2023. (Action due by 10/20/2023.) Signed by Chief Judge Nancy J. Rosenstengel on 9/20/2023. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 19, 2023 Filing 15 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 347, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 3:23-cv-02941-NJR. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 19, 2023 Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Vanacker, Jenny)
August 29, 2023 Filing 13 NOTICE of Appearance by Yelena Duterte on behalf of Nicholas Holden (Duterte, Yelena)
August 29, 2023 Filing 12 NOTICE of Appearance by Jenny Vanacker on behalf of Nicholas Holden (Vanacker, Jenny)
August 29, 2023 Filing 11 EXHIBIT by Nicholas Holden. Exhibit to #1 Complaint Civil Cover Sheet. (Vanacker, Jenny)
August 29, 2023 Opinion or Order Filing 9 ORDER granting #5 Motion to Appear Pro Hac Vice by Attorney Duterte on behalf of Nicholas Holden. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 29, 2023 Opinion or Order Filing 8 ORDER granting #2 Motion to Appear Pro Hac Vice by Attorney Vanacker on behalf of Nicholas Holden.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 29, 2023 Filing 7 NOTICE OF MODIFICATION re #1 Complaint filed by Nicholas Holden. Document was filed by the plaintiff against the plaintiff. Docket text has been modified to reflect the correct parties. In addition the Civil Cover Sheet was not filed as an attachment to the Complaint as instructed. The Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 29, 2023 Filing 6 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order 347. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 347, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Nicholas Holden. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-2941-MAB. Consent due by 9/19/2023 (kdw)
August 28, 2023 Filing 5 MOTION to Appear Pro Hac Vice by Attorney Yelena Duterte $200 fee paid,receipt number AILSDC-5173122 by on behalf of Nicholas Holden. (Duterte, Yelena)
August 28, 2023 Filing 4 Summons Requested. (Vanacker, Jenny)
August 28, 2023 Filing 3 Summons Requested. (Vanacker, Jenny)
August 28, 2023 Filing 2 MOTION to Appear Pro Hac Vice by Attorney Jenny Vanacker $200 fee paid,receipt number AILSDC-5172999 by on behalf of Nicholas Holden. (Vanacker, Jenny)
August 28, 2023 Filing 1 COMPLAINT against Janet Yellen and Lloyd Austin filed by Nicholas Holden ( Filing fee $ 402 receipt number AILSDC-5172727.) (Vanacker, Jenny) Modified on 8/29/2023 (kdw).

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Plaintiff: Nicholas Holden
Represented By: Jenny Vanacker
Represented By: Yelena Duterte
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Respondent: Lloyd J. Austin, III
Represented By: Adam E. Hanna
Represented By: John David Hoelzer
Represented By: Adam Hanna
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Respondent: Janet L Yellen
Represented By: Adam E. Hanna
Represented By: John David Hoelzer
Represented By: Adam Hanna
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