Fiorillo v. Green, et al
| OCEAN VACATIONS REALTY TRUST, OCEAN DEVELOPMENT PARTNERS LLC and OCEAN REALTY PARTNERS LLC |
| SMITH DUGGAN BEULL & RUFO LLP, ANDREW P. STEMPLER and OS MANAGEMENT LLC |
| NICHOLAS J. FIORILLO, individually and as Trustee |
| RAYMOND GREEN, JOAN GREEN, SPIRO STYLIANOPOULOS, NICHOLAS J. NESGOS, DAVID J. REIER, RAYMOND C. GREEN LENDING TRUST, RAYMOND GREEN COMPANIES, INC., LAW FIRM OF ARENTFOX SCHIFF LLP, STEVEN DEANE and DEAN AUCTION ASSOCS. |
| 22-1839 |
| November 2, 2022 |
| U.S. Court of Appeals, First Circuit |
| Negotiable Instrument |
Docket Report
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| Document Text |
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| RESPONSE filed by Appellant Nicholas J. Fiorillo to order for lack of jurisdiction [ # 6530316-2 ]. Certificate of service was not included. [22-1839] (JMK) [Entered: 12/27/2022 10:40 AM] |
| SUPPLEMENTAL RESPONSE to appellant's December 19, 2022 response [ # 6539848-2 ] to the court's show cause order filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1839]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (GB) [Entered: 12/29/2022 02:49 PM] |
ORDER entered: Appellees' objection to the November 8, 2022 docketing statement is noted. [22-1839] (JMK) [Entered: 11/21/2022 01:07 PM]
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ORDER entered by David J. Barron, Chief Appellate Judge; Jeffrey R. Howard, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge: This matter is before the court on appellant's "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 . [22-1839] (JMK) [Entered: 11/21/2022 03:52 PM]
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| RESPONSE filed by Appellees Raymond Green, Joan Green, Spiro Stylianopoulos, Nicholas J. Nesgos, David J. Reier, Raymond C. Green Lending Trust, Raymond Green Companies, Inc., Steven Deane, Dean Auction Assocs. and Law Firm of Arentfox Schiff LLP to [ # 6531352-2 ]. Served on 11/18/2022. [22-1839] (NJN) [Entered: 11/18/2022 03:50 PM] |
| NOTICE of appearance on behalf of Appellees Dean Auction Assocs., Steven Deane, Joan Green, Raymond Green, Nicholas J. Nesgos, Law Firm of Arentfox Schiff LLP, Raymond C. Green Lending Trust, Raymond Green Companies, Inc., David J. Reier and Spiro Stylianopoulos filed by Attorney Nicholas J. Nesgos. Served on 11/18/2022. [22-1839] (NJN) [Entered: 11/18/2022 07:45 PM] |
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ORDER entered: Upon consideration of motion, it is ordered that the time for appellant Nicholas Fiorillo to file a response to the order to show cause be enlarged to and including December 19, 2022 . No further extension of this deadline should be expected. [22-1839] (JMK) [Entered: 11/15/2022 03:42 PM]
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| CERTIFICATE of service for filed by Appellant Nicholas J. Fiorillo. Served on 11/08/2022. [22-1839] (JMK) [Entered: 11/16/2022 11:01 AM] |
| DOCKETING statement filed by Appellant Nicholas J. Fiorillo. Served on 11/08/2022. [22-1839] (JMK) [Entered: 11/09/2022 02:55 PM] |
| MOTION to extend time to respond to show cause order filed by Appellant Nicholas J. Fiorillo. Served on 11/08/2022. [22-1839] (JMK) [Entered: 11/09/2022 02:57 PM] |
| 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. [22-1839] (JMK) [Entered: 11/07/2022 02:17 PM] |
| MOTION for summary judgment filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1839] (JMK) [Entered: 11/07/2022 02:31 PM] |
| MEMORANDUM in support of motion for summary judgment [ # 6530780-2 ] filed by Appellant Nicholas J. Fiorillo. Certificate of service was not included. [22-1839] (JMK) [Entered: 11/07/2022 02:33 PM] |
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ORDER to Show Cause entered directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Show cause response due 11/18/2022 . [22-1839] (JMK) [Entered: 11/04/2022 09:21 AM]
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| CIVIL CASE docketed. Notice of appeal (doc. #5) filed by Appellant Nicholas J. Fiorillo. Fee due 11/16/2022. [22-1839] (JMK) [Entered: 11/02/2022 08:54 AM] |
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