Tyler, et al v. Long, et al
| ERROLL TYLER, in his individual capacity and in his capacity as President and CEO of NAUTICAL TOURS, INC., ALLENA TABB-HARPER and NAUTICAL TOURS, INC. |
| THOMAS LEMA, individually and in his official capacity as Inspector of Carriages, Hackney Carriage Unit and GREGORY LONG, in his official capacity as Acting Commissioner of Boston Police |
| 22-1514 |
| July 1, 2022 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| Document Text |
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| TRANSCRIPT report/order form filed by Appellants Allena Tabb-Harper and Erroll Tyler indicating the following transcripts are being ordered. [22-1514] (JMK) [Entered: 08/29/2022 01:34 PM] |
| MOTION to modify caption of complaint filed by Appellant Allena Tabb-Harper. Certificate of service was not included. [22-1514] (JMK) [Entered: 08/16/2022 02:09 PM] |
ORDER entered: Appellants Allena Tabb-Harper and Erroll Tyler have a filed a motion to extend all deadlines, including the deadline to respond to this Court's July 6, 2022 order. That order, noting that the notice of appeal was filed pro se and is thus effective only to appellants Tyler and Tabb-Harper, but not to Nautical Tours, Inc, directed that counsel must file an appearance on behalf of Nautical Tours, Inc. on or by July 27, 2022, or Nautical Tours, Inc. will be removed as a party and the appeal will only proceed as to appellants Tyler and Tabb-Harper. Upon consideration of motion, the time for counsel to file an appearance is extended to September 9, 2022 . If no appearance is filed by that date, Erroll Tyler and Allena Tabb-Harper will be deemed the only plaintiffs-appellants in this matter. [22-1514] (JAW) [Entered: 08/10/2022 04:39 PM]
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| MOTION to extend time to file a response to order , to extend time to file a transcript report/order form filed by Appellants Allena Tabb-Harper and Erroll Tyler. Certificate of service was not included. [22-1514] (JMK) [Entered: 08/05/2022 01:47 PM] |
| DOCKETING statement filed by Appellant Erroll Tyler. Certificate of service was not included. [22-1514] (JMK) [Entered: 07/13/2022 12:12 PM] |
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ORDER entered: This court has docketed plaintiffs-appellants Erroll Tyler and Allena Tabb-Harper's notice of appeal from district court's May 31, 2022 judgment entered in district court no. 1:18-cv-10677-IT (D. Mass.). While the notice of appeal, signed by plaintiff-appellant Erroll Tyler, Pro Se, indicates that it was also filed on behalf of plaintiff-appellant Nautical Tours, Inc., it appears that the notice of appeal is effective as to Erroll Tyler and Allena Tabb-Harper only . As a pro se litigant, Erroll Tyler may not represent Nautical Tours, Inc. on appeal. See Instituto de Education Universal Corporacion v. U.S. Dept. of Educ. , 209 F.3d 18, at 23-24 (1st Cir. 2000)(A corporate officer may sign and file a notice of appeal on behalf of the corporation, as long as the corporation then promptly retains counsel to prosecute the appeal.); Herrera Venegas v. Sanchez Rivera , 681 F.2d 41 (1st Cir. 1982); In re: Las Colinas Dev. Corp., 585 F.2d 7, 11-13 (1st Cir. 1978)(non-lawyer president and 94% stockholder not permitted to represent corporation). Accordingly, on or before July 27, 2022 , counsel must file an appearance form on behalf of Nautical Tours, Inc. The failure to comply with this order will lead to Erroll Tyler and Allena Tabb-Harper being deemed the only plaintiffs-appellants in this matter. [22-1514] (JMK) [Entered: 07/06/2022 08:52 AM]
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| NOTICE of appearance on behalf of Appellees Thomas Lema and Gregory Long filed by Attorney Edward F. Whitesell, Jr.. Served on 07/06/2022. [22-1514] (EFW) [Entered: 07/06/2022 12:31 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #127) filed by Appellants Nautical Tours, Inc., Allena Tabb-Harper and Erroll Tyler. Transcript Report/Order form due 07/15/2022 . [22-1514] (JMK) [Entered: 07/01/2022 09:27 AM] |
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| Plaintiff / appellant: ERROLL TYLER, in his individual capacity and in his capacity as President and CEO of NAUTICAL TOURS, INC. | |
| Represented By: | Erroll Tyler |
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| Plaintiff / appellant: ALLENA TABB-HARPER | |
| Represented By: | Allena Tabb-Harper |
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| Plaintiff / appellant: NAUTICAL TOURS, INC. | |
| Represented By: | Nautical Tours, Inc. |
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| Defendant / appellee: THOMAS LEMA, individually and in his official capacity as Inspector of Carriages, Hackney Carriage Unit | |
| Represented By: | Edward F. Whitesell Jr. |
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| Defendant / appellee: GREGORY LONG, in his official capacity as Acting Commissioner of Boston Police | |
| Represented By: | Edward F. Whitesell Jr. |
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