Docket — Franklin Capital Holdings LLC v. The United States Small Business Administration (1:22-cv-04602)

Summary

A CourtListener docket for Franklin Capital Holdings LLC v. The United States Small Business Administration, 1:22-cv-04602, in the District Court, N.D. Illinois, assigned to the Honorable John Robert Blakey with Magistrate Judge Jeffrey Cummings, with the nature of suit listed as Administrative Procedure Act. The first entry is a Verified Complaint for Injunctive & Declaratory Relief filed by Franklin Capital Holdings LLC on Aug 29, 2022, with exhibits including an OHA Decision. A Stipulation of Dismissal with Prejudice was entered on Mar 16, 2023, and a Mar 24, 2023 minute entry dismisses the case without prejudice with leave to reinstate on or before 4/21/23. An Apr 21, 2023 minute entry extends that date to 5/19/23 and an Amended Stipulation for Compromise Settlement and Release was entered the same day.

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Franklin Capital Holdings LLC v. The United States Small Business Administration

(1:22-cv-04602)

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District Court, N.D. Illinois

May 27, 2026, 2:51 p.m.

Jeffrey _Cummings

Franklin Capital Holdings LLC v. The United States Small Business Administration, 1:22-cv-04602, (N.D. Ill.)

Aug. 29, 2022

March 24, 2023

April 21, 2023

05:551 Administrative Procedure Act

899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision

Plaintiff

Federal Question

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Aug 29, 2022

COMPLAINT Verified Complaint for Injunctive & Declaratory Relief filed by Franklin Capital Holdings LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19788385. (Attachments: # 1 Exhibit Franklin - AR_Redacted, # 2 Exhibit OHA Decision, # 3 Exhibit Reduced PPP Data, # 4 Exhibit As Filed Diamond Email)(Fogarty, John) (Entered: 08/29/2022)

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Exhibit Franklin - AR_Redacted

Exhibit OHA Decision

Exhibit Reduced PPP Data

Exhibit As Filed Diamond Email

Aug 29, 2022

CIVIL Cover Sheet (Herman, Timothy) (Entered: 08/29/2022)

Aug 29, 2022

ATTORNEY Appearance for Plaintiff Franklin Capital Holdings LLC by Timothy Robert Herman (Herman, Timothy) (Entered: 08/29/2022)

Aug 29, 2022

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19788823. for Bret Wacker (Herman, Timothy) (Entered: 08/29/2022)

Appear Pro Hac Vice

Aug 29, 2022

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19788832. J. Chris White (Herman, Timothy) (Entered: 08/29/2022)

Appear Pro Hac Vice

Aug 29, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Franklin Capital Holdings LLC and Corporate Disclosure Statement (Herman, Timothy) (Entered: 08/29/2022)

Aug 30, 2022

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (kra, )

Aug 30, 2022

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kra, )

Aug 30, 2022

SUMMONS Issued as to Defendants Isabella Casillas Guzman, The United States Small Business Administration, United States of America, Janet L. Yellen (dxb, )

Sep 1, 2022

MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 11/14/2022, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Bret Wacker and Christ White's motions for leave to appear pro hac vice 4 and 5 are granted. Mailed notice (gel, ) (Entered: 09/01/2022)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Sep 26, 2022

NOTICE by Franklin Capital Holdings LLC re summons issued served on USA, USSBA & Isabella Casillas Guzman (Attachments: # 1 Affidavit Affidavit of Service of Summons and Complaint on USA, # 2 Affidavit Affidavit of Service of Summons and Complaint on USSBA, # 3 Affidavit Affidavit of Service of Summons and Complaint on Guzman for USSBA)(Fogarty, John) (Entered: 09/26/2022)

Affidavit Affidavit of Service of Summons and Complaint on USA

Affidavit Affidavit of Service of Summons and Complaint on USSBA

Affidavit Affidavit of Service of Summons and Complaint on Guzman for USSBA

Sep 26, 2022

NOTICE by Franklin Capital Holdings LLC re complaint, 1, summons issued and service executed per (Attachments: # 1 Affidavit Service of Summons & Complaint executed on USA c/o US DOJ, # 2 Affidavit Service of Summons & Complaint executed on USSBA, # 3 Affidavit Service of Summons & Complaint executed on Guzman @USSBA)(Herman, Timothy) (Entered: 09/26/2022)

Oct 28, 2022

SUMMONS Returned Executed by Franklin Capital Holdings LLC as to United States of America on 9/9/2022, answer due 9/30/2022. (Attachments: # 1 Notice of Filing Return of Service on local US Attorney John Rausch via Certified mail of Summons & Complaint)(Herman, Timothy) (Entered: 10/28/2022)

Nov 1, 2022

DESIGNATION of Nicole Suzanne Flores as U.S. Attorney for Defendants Isabella Casillas Guzman, The United States Small Business Administration, United States of America, Janet L. Yellen (Flores, Nicole) (Entered: 11/01/2022)

Nov 8, 2022

ANSWER to Complaint by Isabella Casillas Guzman, The United States Small Business Administration, United States of America, Janet L. Yellen(Flores, Nicole) (Entered: 11/08/2022)

Nov 14, 2022

STATUS Report Joint by Franklin Capital Holdings LLC (Herman, Timothy) (Entered: 11/14/2022)

Nov 28, 2022

MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in the parties' 11/14/22 status report 13, the Court hereby refers this case to the Executive Committee for reassignment to the assigned Magistrate Judge for all further proceedings. Mailed notice (gel, ) (Entered: 11/28/2022)

Nov 28, 2022

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable John Robert Blakey no longer assigned to the case pursuant to Local Rule 73.1. Signed by Executive Committee on 11/28/2022. (daj, ) (Entered: 11/29/2022)

Dec 1, 2022

MINUTE entry before the Honorable Jeffrey Cummings: This case has been reassigned to this Court for all further proceedings pursuant to the parties' consent set forth in their recently filed joint status report 15 . For the record, the parties shall also promptly file a signed "Consent to Exercise of Jurisdiction by a United States Magistrate Judge" form, available on the ILND website. The Court has reviewed the parties' joint status report 13 and adopts the parties proposed schedule as follows: defendant to file Administrative Record by 1/13/23; plaintiff's motion for summary judgment by 2/10/23; defendant's response/ cross motion for summary judgment by 3/3/23; plaintiff's reply/response by 3/17/23; and defendant's reply by 3/31/23. The government must also deliver a paper copy of the administrative record to the Court's chambers as soon as possible after the record is filed but no later than 3/3/23. Mailed notice (cc, ) (Entered: 12/01/2022)

Dec 6, 2022

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Herman, Timothy) (Entered: 12/06/2022)

Dec 29, 2022

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

Local Rule 3.2 Annual Reminder Order

Jan 13, 2023

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Isabella Casillas Guzman, The United States Small Business Administration, United States of America, Janet L. Yellen (Attachments: # 1 Exhibit)(Flores, Nicole) (Entered: 01/13/2023)

Feb 7, 2023

Joint Notice of Tentative Settlement by Franklin Capital Holdings LLC All Parties (Herman, Timothy) (Entered: 02/07/2023)

Feb 8, 2023

MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint notice of tentative settlement 20 . The parties report they have reached agreement on a tentative framework to settle this matter and are preparing settlement documentation. In light of the tentative settlement agreement, the parties request to stay all filing deadlines is granted. The motion for summary judgment briefing schedule 16 is stricken. If the parties do not file their stipulation of dismissal by 2/24/23, they shall file a joint status report with a proposed revised summary judgment briefing schedule. Mailed notice (cc, ) (Entered: 02/08/2023)

Feb 25, 2023

STATUS Report Joint Status by Franklin Capital Holdings LLC (Wacker, Bret) (Entered: 02/25/2023)

Feb 27, 2023

MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 22 . The parties are continuing their efforts to finalize their settlement paperwork. If the parties do not file their joint stipulation to dismiss by 3/16/23, they shall file a joint status report on that date on the status of the settlement paperwork. Mailed notice (cc, ) (Entered: 02/27/2023)

Mar 16, 2023

STIPULATION of Dismissal with Prejudice (Herman, Timothy) (Entered: 03/16/2023)

Mar 17, 2023

MINUTE entry before the Honorable Jeffrey Cummings: This matter is set for a telephonic status conference on settlement on 3/22/23 at 10:00 a.m. The Court's staff will provide counsel for the parties with the dial-in information. Mailed notice (cc, ) (Entered: 03/17/2023)

Mar 24, 2023

MINUTE entry before the Honorable Jeffrey Cummings: The parties having filed a stipulation of dismissal with prejudice 24, and the Court conducting a telephonic status conference on settlement, this case is dismissed without prejudice and with the parties granted leave to reinstate on or before 4/21/23. If a motion to reinstate is not filed by 4/21/23, the case shall be dismissed with prejudice without further order of the Court. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (cc, ) (Entered: 03/24/2023)

Apr 21, 2023

MOTION by Defendants Isabella Casillas Guzman, The United States Small Business Administration, United States of America, Janet L. Yellen to amend/correct stipulation and for additional time to file motion to reinstate (joint) (Attachments: # 1 Exhibit)(Flores, Nicole) (Entered: 04/21/2023)

Amend/Correct

Exhibit

Apr 21, 2023

MINUTE entry before the Honorable Jeffrey Cummings: The parties' joint motion for leave to file amended stipulation and for enlarged period of time in which to reinstate 27 is granted. Parties may file their amended stipulation for settlement as a separate docket entry. This Court's 3/24/23 dismissal order 26 is amended as follows: If a motion to reinstate is not filed by 5/19/23, the case shall be dismissed with prejudice without further order of the Court. Mailed notice (cc, ) (Entered: 04/21/2023)

Order on Motion to Amend/Correct

Apr 21, 2023

AMENDED Stipulation for Compromise Settlement and Release (Flores, Nicole) (Entered: 04/21/2023)

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