Benoit et al v. U.S. Army Corps of Engineers
Kayla Benoit and Nicole Castleberry |
U.S. Army Corps of Engineers |
3:2021cv00811 |
July 15, 2021 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
Nancy J Rosenstengel |
Real Property: Other |
28 U.S.C. § 2409 (a) Quiet Title Action |
Plaintiff |
Docket Report
This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
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Filing 20 ORDER GRANTING #19 Unopposed Motion for Extension of Time. Plaintiffs Kayla Benoit and Nicole Castleberry shall respond to #12 Motion to Dissolve Temporary Restraining Order and Dismiss the Complaint filed by Defendant U.S. Army Corps of Engineers on or before September 23, 2021. The Corps may file a reply brief, not to exceed 10 pages, on or before September 30, 2021. To allow sufficient time for briefing of this matter, the Court hereby EXTENDS the Temporary Restraining Order for an additional 30 days. The Temporary Restraining Order, currently set to expire on September 28, 2021, shall now EXPIRE at 2:30 p.m. on October 28, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 9/8/2021. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 19 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction and Dissolve Temporary Restraining Order by All Plaintiffs. (Nielsen, Emily) |
Filing 18 ORDER GRANTING #16 Motion to Withdraw as Attorney. Attorney Nathan D. Stump is TERMINATED as counsel of record for the U.S. Army Corps of Engineers. Signed by Chief Judge Nancy J. Rosenstengel on 8/25/2021. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 17 NOTICE of Appearance by Adam E. Hanna on behalf of U.S. Army Corps of Engineers (Hanna, Adam) |
Filing 16 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by U.S. Army Corps of Engineers. (Stump, Nathan) |
Filing 15 NOTICE of Appearance by Emily Johnson Nielsen on behalf of All Plaintiffs (Nielsen, Emily) |
Filing 14 ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND APPOINTING COUNSEL. The Temporary Restraining Order will now EXPIRE at 2:30 p.m. on September 28, 2022. Attorney Emily J. Johnson of Hunter & Johnson, P.C. is ASSIGNED to represent Plaintiffs. Counsel shall enter her appearance by August 9, 2021. Counsel is ORDERED to file a response to the #12 Motion to Dismiss for Lack ofJurisdiction and to Dissolve the Temporary Restraining Order on or before September 8, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 7/30/2021. (mlp) |
Filing 13 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Hearing held on 7/29/2021. Kayla Benoit and Nicole Castleberry, pro se, were present. Nathan Stump, William Levins, and Lynn Hoerner present on behalf of defendant. Order to follow. (Court Reporter Stephanie Rennegarbe.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Dissolve Temporary Restraining Order by U.S. Army Corps of Engineers. Responses due by 8/30/2021 (Attachments: #1 Exhibit 1 - Delinquency Letters (2018-2021), #2 Exhibit 2 - 06152021 Email Communication with Plaintiffs)(Stump, Nathan) |
Filing 11 NOTICE of Appearance by Nathan D Stump on behalf of U.S. Army Corps of Engineers (Stump, Nathan) |
Filing 10 MEMORANDUM AND ORDER. The Motion for Temporary Restraining Order filed by Plaintiffs (Doc. 6) is GRANTED pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. Defendant U.S. Army Corps of Engineers is hereby ENJOINED AND PROHIBITED from destroying, demolishing, or taking any other action as to the real property located at Mississippi River Pool 26, Lot No. 004, Otter Creek Subdivision, Jersey County, Illinois, also known as 11548 Eagleton Park,Nutwood, IL 62031. This Temporary Restraining Order will EXPIRE at 2:30 p.m. on July 30, 2021. A hearing on this matter is set for Thursday, July 29, 2021, at 2:30 p.m. before Chief Judge Nancy J. Rosenstengel at the East St. Louis Courthouse. Signed by Chief Judge Nancy J. Rosenstengel on 7/16/2021. (drb) |
Filing 9 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 21-811-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
Filing 8 Case transferred in from District of Missouri Eastern; Case Number 4:21-cv-00853. Original file certified copy of transfer order and docket sheet received. |
Filing 7 MEMORANDUM AND ORDER OF TRANSFER TO OTHER DISTRICT to: District Court for the Southern District of Illinois. IT IS HEREBY ORDERED that Plaintiff Kayla Benoit's and Plaintiff Nicole Castleberry's motions for leave to proceed in forma pauperis are PROVISIONALLY GRANTED, subject to modification by the United States District Court for the Southern District of Illinois. IT IS FURTHER ORDERED that the Clerk shall IMMEDIATELY TRANSFER this case to the United States District Court for the Southern District of Illinois. Signed by District Judge Sarah E. Pitlyk on 07/15/2021. (ANP) [Transferred from Missouri Eastern on 7/15/2021.] |
ORDER RECEIPT: (see receipt) Docket No: 7. Thu Jul 15 12:09:52 CDT 2021 (Petri, Alexis) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 6 MOTION for Temporary Restraining Order by Plaintiffs Kayla Benoit, Nicole Castleberry. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 5 MOTION to Appoint Counsel by Plaintiff Nicole Castleberry. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 4 MOTION to Appoint Counsel by Plaintiff Kayla Benoit. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Nicole Castleberry. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Kayla Benoit. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Filing 1 COMPLAINT against defendant U.S. Army Corps of Engineers Jury Demand,, filed by Kayla Benoit, Nicole Castleberry. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Exhibit)(BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
Case Opening Notification: Judge Assigned: U.S. District Judge Sarah E. Pitlyk. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
***Complaint Letter Processed (see notice of electronic filing for distribution list) Wed Jul 14 14:01:55 CDT 2021 (admin,) [Transferred from Missouri Eastern on 7/15/2021.] |
***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (BAK) [Transferred from Missouri Eastern on 7/15/2021.] |
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