Spitalny, et al v. Fiorillo
| GOTSPACE DATA EQUITY FUND, LLC, GOTSPACE DATA EQUITY FUND I, LLC, GOTSPACE DATA EQUITY FUND 1, LLC, GOTSPACE SELF STORAGE, HOLDINGS, LLC, GOTSPACE MANAGEMENT, LLC, GS BEVERLY, LLC, GS GLOUCESTER, LLC, GOTSPACE BEVERLY, LLC and GOTSPACE GLOUCESTER, LLC |
| SAMUEL B. SPITALNY, JACOB L. SPITALNY and STEPHEN QUILLINAN |
| NICHOLAS J. FIORILLO |
| 22-1752 |
| October 6, 2022 |
| U.S. Court of Appeals, First Circuit |
| Overpymt Recovery/Enforce of Jdmt |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| LETTER sent to Robert Farrell, Clerk of Court transmitting misdirected Motion to Dismiss and Supporting Memorandum. [22-1752] (GAK) [Entered: 11/30/2022 10:42 AM] |
ORDER granting motion to extend time to file show cause response filed by Appellant Nicholas J. Fiorillo. Show cause response due 12/07/2022 . [22-1752] (JMK) [Entered: 11/29/2022 08:31 AM]
|
| MOTION to extend time to respond to show cause order filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1752] (JMK) [Entered: 11/22/2022 08:22 AM] |
| COURTESY COPY of Motion to Dismiss and Supporting Memorandum filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1752] (JMK) [Entered: 11/28/2022 09:10 AM] |
|
ORDER entered by David J. Barron, Chief Appellate Judge; Jeffrey R. Howard, Appellate Judge and Gustavo A. Gelp , Jr., Appellate Judge: This matter is before the court on appellant's "Amended Emergency Motion for Stay Pending Appeal . . . ." As he acknowledges in the motion, appellant has failed to comply with Federal Rule of Appellate Procedure 8(a)(1) by first seeking relief in the district court, and we are not persuaded by appellant's suggestion that such a motion would have been futile. In any event, appellant has not made a strong showing that he is likely to succeed on the merits and/or that he faces irreparable harm if a stay is denied. See Dist. 4 Lodge of the Int'l Ass'n of Machinists & Aerospace Workers Loc. Lodge 207 v. Raimondo , 18 F.4th 38, 42 (1st Cir. 2021) (stay factors; likelihood of success and danger of irreparable harm are most important). Accordingly, the motion is DENIED . Additionally, it appears that this appeal may be statutorily barred per 28 U.S.C. 1447(d). Within seven (7) days of entry of this order, appellant should file a written response of ten (10) or fewer pages addressing the matter of statutory jurisdiction. If appellant continues to rely upon the carveout in 1447(d) for actions "removed pursuant to section 1443," he should address the potential applicability of the exception fully in the response, complete with citations to relevant authority. Failure to file a timely response consistent with the foregoing may result in immediate dismissal of the appeal. [22-1752] (JMK) [Entered: 11/14/2022 08:34 AM]
|
| DOCKETING statement filed by Appellant Nicholas J. Fiorillo. Served on 11/08/2022. [22-1752] (JMK) [Entered: 11/08/2022 02:34 PM] |
| LETTER sent to Robert Farrell, Clerk of Court transmitting misdirected Amended Notice of Appeal. [22-1752] (GAK) [Entered: 10/25/2022 09:06 AM] |
| AMENDED EMERGENCY MOTION for stay pending appeal and for temporary stay pending consideration of motion filed by Appellant Nicholas J. Fiorillo. Served on 10/21/2022. [22-1752] (JMK) [Entered: 10/21/2022 02:23 PM] |
| PLEADING tendered: Amended Notice of Appeal filed by Appellant Nicholas J. Fiorillo. Served on 10/21/2022. [22-1752] (JMK) [Entered: 10/21/2022 02:21 PM] |
| CERTIFICATE of service for Notice of Appeal filed by Appellant Nicholas J. Fiorillo. Served on 10/19/2022. [22-1752] (JMK) [Entered: 10/21/2022 08:29 AM] |
| EMERGENCY MOTION for stay pending appeal and for temporary stay pending consideration of motion filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1752] (JMK) [Entered: 10/19/2022 04:54 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #25) filed by Appellant Nicholas J. Fiorillo. [22-1752] (JMK) [Entered: 10/06/2022 09:17 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
