Prak et al v. Skaf et al
| Captain Prak, Sarah Angerillo and Emma Petro |
| Khalid Skaf, Rana Skaf, Cook Futures LLC, Chester J. Gurley, Carol J. Gurley, Richard D Abell, R. Scott Abell, Scott L. Robertson, Dennis Wheeler and United States Department of Interior |
| 3:2023cv03403 |
| October 17, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Stephen P McGlynn |
| Real Property: Other |
| None |
Docket Report
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Filing 69
ORDER: The Court denies both Motions requesting default (Docs. #66 and #67 ). Chester Gurley is deceased, as Prak indicated in 3 of his Motion, and this Court cannot default a dead person. Indeed, service was not completed on Chester Gurley nor can he be a proper party to a lawsuit. Additionally, an Entry of Default was entered on 11/14/2023 as to Carol J. Gurley (Doc. #44 ); however, this Court has concerns as to whether she was properly served and/or whether she is the proper party for purposes of this lawsuit. As for Richard D. Abell, his entry and answer were filed before the motion seeking entry making this matter moot. Signed by Judge Stephen P. McGlynn on 12/14/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 68
MOTION for Preliminary Injunction Emergency Injunction Hearing by All Plaintiffs. (Attachments: #1 Exhibit Exhibit H, #2 Exhibit Exhibit G, #3 Exhibit Exhibit F, #4 Exhibit Exhibit E, #5 Exhibit Exhibit D, #6 Exhibit Exhibit C, #7 Exhibit Exhibit B, #8 Exhibit Exhibit A)(Prak, Captain)
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Filing 67
MOTION for Entry of Default Respondent Chester Gurley by All Plaintiffs. (Prak, Captain)
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Filing 66
MOTION for Entry of Default Respondent Richard D Abell by All Plaintiffs. (Prak, Captain)
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Filing 65
NOTICE AND ORDER: The Court is in receipt of #63 Amended Complaint. As such, all pending motions are terminated as moot. Additionally, and in accordance with Rule 15(a)(3) of the Federal Rules of Civil Procedure, defendants who have already appeared in this matter shall file responsive pleading on or before December 26, 2023 as the Courthouse is closed on Christmas Day. Signed by Judge Stephen P. McGlynn on 12/11/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 64
EXHIBIT by All Plaintiffs. Exhibit to #63 Amended Complaint, cerificate of service. (Prak, Captain)
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Filing 63
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Prak, Captain)
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Filing 62
ORDER striking #61 Motion to Dismiss for Failure to State a Claim. As previously admonished, Wheeler was defaulted on 11/14/2023 and must comply with the requirements under Rule 55(c) of the Federal Rules of Civil Procedure before seeking dismissal. As such, the Clerk is instructed to strike this pleading. Signed by Judge Stephen P. McGlynn on 12/7/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 61
ENTRY STRICKEN PER ORDER 62 - MOTION to Dismiss Complaint and Memorandum in Support by Dennis Wheeler. (kdw) Modified on 12/8/2023 (tkm).
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Filing 60
NOTICE AND ORDER: The Court is in receipt of #59 Motion to Dismiss filed by Dennis Wheeler. As previously advised, an entry of default was docketed on 11/14/2023 with respect to Wheeler; therefore, for Wheeler to proceed in this case, he must first have the default set aside in accordance with Rule 55(c) of the Federal Rules of Civil Procedure. Accordingly, the Court directs the Clerk to STRIKE Wheeler's motion (Doc. #59 ). Signed by Judge Stephen P. McGlynn on 12/1/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 59
ENTRY STRICKEN PER ORDER 60 - MOTION to Dismiss/ Objection to Plaintiff's Complaint and Petition for Preliminary Injection by Dennis Wheeler. (jle) Modified on 12/1/2023 (tkm).
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Filing 58
NOTICE AND ORDER: The Court is in receipt of #57 Answer to Complaint and Counterclaim filed by Dennis Wheeler. The Court notes that #44 an Entry of Default was entered on 11/14/2023 with respect to Wheeler; therefore, in accordance with Rule 55(c) of the Federal Rules of Civil Procedure, said default must be set aside before Wheeler can proceed. Accordingly, the Court directs the Clerk to STRIKE Wheeler's pleading #57 . Signed by Judge Stephen P. McGlynn on 11/29/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 57
ENTRY STRICKEN PER ORDER 58 - ANSWER to Complaint, COUNTERCLAIM against Sarah Angerillo, Emma Petro, Captain Prak by Dennis Wheeler.(jle) Modified on 11/29/2023 (tkm).
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Filing 56
ORDER: Pursuant to status conference, plaintiffs shall file amended pleading within 21 days of date Motions to Dismiss were filed, or by December 11, 2023. (Amended Pleadings due by 12/11/2023.) Signed by Judge Stephen P. McGlynn on 11/21/2023. (jce)
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Filing 55
Minute Entry for proceedings held before Judge Stephen P. McGlynn: Telephone Status Hearing held on 11/21/2023. Pro Se Plaintiffs Captain Prak, Sarah Angerillo, and Emma Petro participated. Elisha Sanders participated on behalf of Khalid and Rana Skaf. Mark Kochan participated on behalf of Cook Futures LLC. Jerrod Montgomery participated on behalf of Richard and Scott Abell and Scott Robertson. Adam Hanna participated on behalf of U.S. Department of Labor. Pro Se Defendant Dennis Wheeler participated. Order to issue. (Court Reporter Hannah Jagler.) (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 54
MOTION to Dismiss by Cook Futures LLC. (Kochan, Mark)
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Filing 53
MOTION to Dismiss for Failure to State a Claim by Khalid Skaf, Rana Skaf. (Sanders, Elisha)
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Filing 52
MEMORANDUM in Support re #51 MOTION to Dismiss /Objection to Plaintiffs' Complaint and Petition for Preliminary Injunction filed by R. Scott Abell, Richard D Abell, Scott L. Robertson. (Montgomery, Jerrod)
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Filing 51
MOTION to Dismiss /Objection to Plaintiffs' Complaint and Petition for Preliminary Injunction by R. Scott Abell, Richard D Abell, Scott L. Robertson. (Montgomery, Jerrod)
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Filing 50
Summons Issued as to United States Department of Interior. Original summons mailed to Captain Prak. (tkm)
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Filing 49
ORDER: The Court GRANTS plaintiff Sarah Angerillo's #42 motion for leave to proceed in propria persona and #41 motion seeking electronic filing privileges. In order to access the system, Angerillo must first enroll to use CM/ECF in the Southern District of Illinois by obtaining a personal PACER account at: https://www.pacer.gov, as this District uses the NextGen version of CM/ECF. Plaintiff must then complete the application for "Non-Attorney E-File Registration" located on the Maintenance tab within her personal PACER account. Angerillo is ADVISED that once she is registered for electronic filing, the Clerk's Office will no longer mail her paper copies of documents that are filed. Angerillo is further advised that this registration is unique to her and that she cannot file documents on behalf of any other parties. Signed by Judge Stephen P. McGlynn on 11/15/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 48
ORDER granting #46 MOTION to Withdraw and terminating as moot #45 MOTION for Leave to Appeal. Signed by Judge Stephen P. McGlynn on 11/15/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 47
Summons Requested. (Prak, Captain)
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Filing 46
MOTION to Withdraw by Captain Prak. (Prak, Captain)
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Filing 45
MOTION for Leave to Appeal by Captain Prak. (Prak, Captain)
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Filing 44
Clerk's ENTRY OF DEFAULT as to Carol J. Gurley and Dennis Wheeler on 11/14/2023. (tkm)
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Filing 43
ORDER granting #36 MOTION for Extension of Time - as with the other defendants, Cook Futures LLC is granted until November 20, 2023 to file responsive pleading. As such, #40 Motion for Entry of Default is DENIED as to Cook Futures LLC. The motions as to Dennis Wheeler and Carol Gurley (Docs. #39 and #40 ) are GRANTED and the Clerk is directed to file said Entries of Default. As for the United States Department of the Interior, #37 Motion for Entry of Default is DENIED and the plaintiffs are again instructed to comply with Rule 4 of the Federal Rules of Civil Procedure. Signed by Judge Stephen P. McGlynn on 11/14/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 42
MOTION Seeking Permission to Proceed Pro Se/ Notice of Appearance by Sarah Angerillo. (jle)
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Filing 41
MOTION Seeking Electronic Filing Privileges by Sarah Angerillo. (jle)
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Filing 40
MOTION for Entry of Default on the Defendant Cook Futures LLC. by Captain Prak. (jle)
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Filing 39
MOTION for Entry of Default on the Defendant Carol Gurley by Captain Prak. (jle)
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Filing 38
MOTION for Entry of Default on the Defendant Dennis Wheeler by Captain Prak. (jle)
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Filing 37
MOTION for Entry of Default on the Defendant United States Department of the Interior by Captain Prak. (jle)
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Filing 36
MOTION for Extension of Time to File Response/Reply to Plaitiffs' Complaint by Cook Futures LLC. (Kochan, Mark)
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Filing 35
NOTICE of Appearance by Mark A. Kochan on behalf of Cook Futures LLC (Kochan, Mark)
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Filing 34
ORDER SETTING STATUS CONFERENCE: This matter is set for a Telephonic Status Conference on 11/21/2023 at 9:30 AM before Judge Stephen P. McGlynn. Instructions to join the phone conference are as follows: Call toll free 1-888-684-8852, when prompted enter access code 6102338, when prompted enter the four-digit security code 9374. Signed by Judge Stephen P. McGlynn on 11/8/2023. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
ORDER: For good cause, this Court GRANTS the motions for extension of time (Docs. #29 and #30 ). Pursuant to Rule 81(c), a defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (A) 21 days after receivingthrough service or otherwisea copy of the initial pleading stating the claim for relief; (B) 21 days after being served with the summons for an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is filed. Accordingly, the answer date was 10/19/2023 as service was completed on 9/28/2023 and removal occurred on 10/7/2023. By their motions, defendants seek an additional 30 days; therefore, the Answer or other responsive pleading is extended to Monday, November 20, 2023 for defendants Khalid Skaf, Rana Skaf, R. Scott Abell, and Scott Robertson. No further extensions will be granted absent exceptional circumstances as this matter seeks injunctive relief. Under separate cover, this matter will be set for telephonic status conference to discuss future handling and to schedule a hearing date regarding Petition for Preliminary Injunction. Signed by Judge Stephen P. McGlynn on 11/8/2023. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 32
ORDER: The Court GRANTS plaintiff Captain Praks #8 motion for leave to proceed in propria persona and #11 motion seeking electronic filing privileges. In order to access the system, Prak must first enroll to use CM/ECF in the Southern District of Illinois by obtaining a personal PACER account at: https://www.pacer.gov, as this District uses the NextGen version of CM/ECF. Plaintiff must then complete the application for "Non-Attorney E-File Registration" located on the Maintenance tab within his/her personal PACER account. Prak is ADVISED that once he is registered for electronic filing, the Clerk's Office will no longer mail him paper copies of documents that are filed. Prak is further advised that his co-plaintiffs have not requested electronic access and that this registration only pertains to him. Additionally, Prak is advised that he cannot file motions on their behalf nor can he purport to be representing them as he is not an attorney. Signed by Judge Stephen P. McGlynn on 11/8/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 11/15/2023 (jce).
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Filing 31
First MOTION for Extension of Time to File Answer to Complaint by Khalid Skaf, Rana Skaf. (Sanders, Elisha)
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Filing 30
NOTICE of Appearance by Elisha Deen Sanders on behalf of Khalid Skaf, Rana Skaf (Sanders, Elisha)
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Filing 29
MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by R. Scott Abell, Scott L. Robertson. (Montgomery, Jerrod)
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Filing 28
NOTICE of Appearance by Jerrod H. Montgomery on behalf of R. Scott Abell, Scott L. Robertson (Montgomery, Jerrod)
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Filing 27
ORDER denying #26 Motion for Reconsideration. Plaintiff requests that the Court reconsider its Order (Doc. 25) denying the motion for entry of default; however, the motion identified ALL of the named defendants and additional persons, when it was not clear that service was properly effectuated on each of the named entities and/or individuals. While judicial economy may have been plaintiff's goal, that was not the outcome. Indeed, Rule 81 does in fact deal with service of removed actions; however, these defendants cannot all be lumped together for convenience. Indeed, this Court cannot ascertain that service was properly effectuated, i.e., was the residence verified as defendant's residence when another accepted service... was a defendant deceased... was the proper party in interest served? Plaintiff(s) may re-submit a motion with the requisite service information but must be particular with respect to each named defendant, especially when it varies from person served. Finally, the Court notes that the US Department of Interior removed this action and filed an appearance approximately 2 weeks before the disputed motion. Signed by Judge Stephen P. McGlynn on 11/7/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 11/7/2023 (jce).
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Filing 26
MOTION for Reconsideration of Plaintiffs Motion for Entry of Default re 25 Order on Motion for Entry of Default, by Captain Prak. (jle)
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Filing 25
ORDER denying #22 Motion for Entry of Default. On October 17, 2023, this matter was removed to this Court from the First Judicial Circuit Court, Williamson County, Illinois. As such, plaintiffs must comply with the Federal Rules of Civil Procedure, including Rule 4. This Court notes that plaintiff filed Affidavits of Service; however, they were based upon summons issued in the state proceeding and are not in compliance with the Federal Rules of Civil Procedure. Therefore, no party is in default. Each plaintiff has been provided a copy of this Court's pro se litigant guide to assist them in the handling of this matter. Signed by Judge Stephen P. McGlynn on 11/1/2023. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
RESPONSE in Opposition re #22 MOTION for Entry of Default filed by United States Department of Interior. (Hanna, Adam)
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Filing 23
AFFIDAVIT re #22 MOTION for Entry of Default by Captain Prak. (Attachments: #1 Notice of Filing).(jle)
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Filing 22
MOTION for Entry of Default by Captain Prak. (Attachments: #1 Notice of Filing).(jle)
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Filing 21
RETURN OF SERVICE EXECUTED on Chester J. Gurley, Carol J. Gurley, and U.S. Attorney for the Southern District, Rachelle Aud Crowe on 9/29/2023. (csb)
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Filing 20
RETURN OF SERVICE EXECUTED on Khalid Skaf, Rana Skaf, Scott L. Robertson, Richard D. Abell, U.S. Department of Interior Secretary, Deb Haaland, Scott R. Abell, Dennis Wheeler, and Cook Futures LLC on 9/28/2023. (csb)
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Filing 19
RETURN OF SERVICE EXECUTED United States Attorney General, Merrick Garland on 9/27/2023. (csb)
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Filing 18
NOTICE AND ORDER. This case was recently assigned to this Court, which is aware that several motions have been filed. At this time, the Court DENIES #17 the Motion for Default Judgment. Under Rule 55 of the Federal Rules of Civil Procedure, there are two steps that must be taken. First, a party requests the Clerk enter a default pursuant to F.R.C.P. 55(a), then a party seeks judgment under F.R.C.P. 55(b). However, prior to either step, the party seeking default must show that service has been effectuated and return of service must be filed with the Court. The Clerk is directed to send to each plaintiff a copy of the Pro Se Litigant Guide. Signed by Judge Stephen P. McGlynn on 10/26/2023. (jce) (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
MOTION for Default Judgment as to by Captain Prak. (jle)
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Filing 16
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 Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 23-cv-3403-SPM. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
NOTICE of Filing by Captain Prak re #14 MOTION Seeking Electronic Filing Privileges. (jle)
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Filing 14
MOTION Seeking Electronic Filing Privileges by Captain Prak. (jle)
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Filing 13
NOTICE of Filing re #12 Motion for Preliminary Injunction filed by Captain Prak. (jle)
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Filing 12
MOTION To Grant Petitioners Petition for Preliminary Injunction by Captain Prak. (jle)
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Filing 11
NOTICE of Filing by Captain Prak re #10 MOTION requesting Court Date on all pending motions. (jle)
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Filing 10
MOTION to Request A Court Date on all pending motions by Captain Prak. (jle)
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Filing 9
NOTICE of Filing re #8 Motion for Leave to Proceed in forma pauperis filed by Captain Prak. (jle)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Captain Prak. (jle)
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Filing 7
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jle)
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Filing 6
EXHIBIT by Captain Prak. Exhibit to #1 Notice of Removal. Exhibit to State Court Complaint. (jle)
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Filing 5
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hanna, Adam)
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Filing 4
NOTICE OF MODIFICATION re #1 Notice of Removal, filed by United States Department of Interior. Party names entered incorrectly, Clerk has modified. No further action is required by the filer in relation to this notification. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
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: Sarah Angerillo, Emma Petro, Captain Prak, United States Department of Interior. 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 3:23-cv-3403-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/7/2023 (adh)
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Filing 2
NOTICE of Appearance by Adam E. Hanna on behalf of United States Department of Interior (Hanna, Adam)
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Filing 1
NOTICE OF REMOVAL from First Judicial Circuit Court, Williamson County, case number 23-CH-21, filed by United States Department of Interior. (Attachments: #1 Exhibit Summons, #2 Exhibit Complaint with attachments, #3 Civil Cover Sheet)(Hanna, Adam)
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