McMullen, et al v. Schultz, et al
| PATRICIA M. RAMOS and JUDITH MCMULLEN, individual and as trustee Dagger Realty Trust nominee trust |
| GORDON N. SCHULTZ, in the individual and professional capacity, d/b/a Schultz and Company, d/b/a Schultz Law Group, DOREEN SOLOMON, bankruptcy trustee, CAROLYN A. BANKOWSKI, bankruptcy trustee, JUDGE MARY ELIZABETH HEFFERNAN, in the official and individual capacity, DUANE G. SULLIVAN, receiver; in the individual and professional capacity, JOHANNA SMOOT, individually, DARTMOUTH POLICE DEPARTMENT and CLERKS OF THE NEWTON DISTRICT COURT |
| 25-1896 |
| September 25, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 11, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER entered: On October 28, 2025, the court entered an order directing Appellants to show cause why the appeal should proceed as to Appellant McMullen in her capacity as Trustee of Dagger Realty Trust and requiring counsel to enter an appearance on behalf of the Trust on or before November 18, 2025. Appellants were warned that failure to respond would result in Appellant McMullen and Appellant Ramos, in their individual capacities, being deemed the sole Appellants in this matter. Appellants did not respond to the court's order, and no counsel entered an appearance on behalf of the Trust or requested an extension of time to do so. Accordingly, the court allows the appeal to proceed only as to Appellant Judith McMullen, individually, and Appellant Patricia M. Ramos. The appeal is dismissed as to Appellant McMullen in her capacity as Trustee of Dagger Realty Trust. The parties are directed to use the revised caption that appears at the top of this order. [25-1896] (ALW) [Entered: 12/11/2025 10:42 AM]
|
| AFFIDAVIT in support of motion for sanctions [ # 6768984-2 ], motion for sanctions [ # 6768988-2 ] filed by Appellee Gordon N. Schultz. Served on 12/01/2025. [25-1896] (GNS) [Entered: 12/01/2025 01:48 PM] |
| COURTESY COPY of motion for sanctions filed by Appellee Gordon N. Schultz. Served on 12/01/2025. [25-1896]. CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. (GNS) [Entered: 12/01/2025 01:44 PM] |
| MEMORANDUM in support of motion for sanctions [ # 6768984-2 ] filed by Appellee Gordon N. Schultz. Served on 12/01/2025. [25-1896] (GNS) [Entered: 12/01/2025 01:41 PM] |
| MOTION for sanctions filed by Appellee Gordon N. Schultz. Served on 12/01/2025. [25-1896] (GNS) [Entered: 12/01/2025 01:33 PM] |
| MOTION to dismiss case filed by Appellee Gordon N. Schultz. Served on 12/01/2025. [25-1896] (GNS) [Entered: 12/01/2025 01:28 PM] |
| MOTION for sanctions filed by Appellee Gordon N. Schultz. Served on 11/13/2025. [25-1896]. CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT BY 12/01/2025. (GNS) [Entered: 11/13/2025 05:26 PM] |
| MEMORANDUM in support of motion for sanctions [ # 6765128-2 ] filed by Appellee Gordon N. Schultz. Served on 11/13/2025. [25-1896]. CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE BY 12/01/2025. (GNS) [Entered: 11/13/2025 05:31 PM] |
| AFFIDAVIT in support of motion for sanctions [ # 6765128-2 ] filed by Appellee Gordon N. Schultz. Served on 11/13/2025. [25-1896]. CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT BY 12/01/2025. (GNS) [Entered: 11/13/2025 05:30 PM] |
| MOTION for sanctions filed by Appellee Gordon N. Schultz. Served on 11/13/2025. [25-1896]. CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT BY 12/01/2025. (GNS) [Entered: 11/13/2025 05:27 PM] |
| MOTION to dismiss case filed by Appellee Gordon N. Schultz. Served on 11/13/2025. [25-1896]. CLERK'S NOTE: It appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT BY 12/01/2025. (GNS) [Entered: 11/13/2025 05:22 PM] |
| MOTION to expedite Ruling on Motion to Dismiss Appeal filed by Appellee Gordon N. Schultz. Served on 11/12/2025. [25-1896] (GNS) [Entered: 11/12/2025 05:44 PM] |
| OMNIBUS MEMORANDUM of Law of Gordon N. Schultz in All Capacities in Support of Motion for Sanctions Order Pursuant to Fed.R.Civ.P. 11(C),1 Fed.R.App.P. 38, and Local Rule 38.0 [ # 6761840-2 ], [ # 6761837-2 ] filed by Appellee Gordon N. Schultz. Served on 10/30/2025. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text and it appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 11/17/2025. (GNS) [Entered: 10/30/2025 01:58 PM] |
| AFFIDAVIT of Gordon N. Schultz in All Capacities in Support of Omnibus Motion for Sanctions Pursuant to Fed.R.Civ.P.1 I(c) and Fed.R.App.P. 38 and Local Rule 38.0 [ # 6761840-2 ], [ # 6761837-2 ] filed by Appellee Gordon N. Schultz. Served on 10/30/2025. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text and it appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 11/17/2025. (GNS) [Entered: 10/30/2025 01:56 PM] |
| MOTION for Sanctions Orders Pursuant to Fed.R.App.P. 38 and Local Rule 38.01 filed by Appellee Gordon N. Schultz. Served on 10/30/2025. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text and it appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 11/17/2025. (GNS) [Entered: 10/30/2025 01:51 PM] |
| MOTION for Sanctions of Gordon N. Schultz in All Capacities Pursuant to Fed.R.Civ.P.11(c) filed by Appellee Gordon N. Schultz. Served on 10/30/2025. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text and it appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 11/17/2025. (GNS) [Entered: 10/30/2025 01:49 PM] |
| OMNIBUS MOTION /MEMORANDUM of Gordon N. Schultz in All Capacities for Order Dismissing Appeal filed by Appellee Gordon N. Schultz. Served on 10/30/2025. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text and it appears the document was scanned rather than created by converting the original word processing document into a PDF file. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS, 11/17/2025. (GNS) [Entered: 10/30/2025 01:45 PM] |
|
ORDER to Show Cause entered: This court has docketed Appellants Judith McMullen, individually and as Trustee of Dagger Realty Trust, and Patricia M. Ramos' August 22, 2025, notice of appeal (D.E. 16) from the district court's August 18, 2025, memorandum and order (D.E. 11) in Civil Action No. 1:25-cv- 12227-LTS (D. Mass.). While the notice of appeal, signed by pro se Appellants McMullen and Ramos, indicates that it was also filed on behalf of Appellant McMullen, as Trustee of Dagger Realty Trust, it appears that the notice of appeal is effective as to Appellant McMullen, individually, and Appellant Ramos only . See 28 U.S.C. 1654 ("In all courts of the United States the parties may plead and conduct their own cases personally or by counsel . . . "); C.E. Pope Equity Trust v. United States , 818 F.2d 696, 697-98 (9th Cir. 1987) (holding that trustee could "not be viewed as a 'party' conducting his 'own case personally' within the meaning of [28 U.S.C. ] 1654.") (emphasis in original). As the district court record reflects Appellant McMullen is not an attorney, Appellant McMullen may not represent Dagger Realty Trust on appeal. Consequently, it appears that the appeal may not proceed as to Appellant McMullen, as Trustee of Dagger Realty Trust, unless an attorney promptly enters an appearance on behalf of Appellant McMullen in this capacity. Cf . Instituto de Education Universal Corporacion v. U.S. Dep't of Education , 209 F.3d 18, 23-24 (1st Cir. 2000) (recognizing that a non-lawyer may not represent a corporation in on-going proceedings but concluding that a corporate officer may sign and file a notice of appeal, "so long as the corporation then promptly retains counsel to take up the cudgels and prosecute the appeal"). Accordingly, on or before November 18, 2025 , counsel must file an appearance form on behalf of Appellant McMullen, as Trustee of Dagger Realty Trust. The failure to comply with this order will lead to Appellant McMullen and Appellant Ramos, in their individual capacities, being deemed the sole Appellants in this matter. [25-1896] (ALW) [Entered: 10/28/2025 10:45 PM]
|
| Filing fee was paid in the district court by Appellants Judith McMullen and Patricia M. Ramos on 10/15/2025. [25-1896] (ALW) [Entered: 10/20/2025 02:54 AM] |
| MOTION to Compel Issuance of Briefing Schedulel filed by Appellants Judith McMullen and Patricia M. Ramos. Certificate of service was not included. [25-1896]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALW) [Entered: 10/20/2025 09:27 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #16) filed by Appellants Judith McMullen and Patricia M. Ramos. Fee due 10/10/2025 . [25-1896] (ALW) [Entered: 09/26/2025 05:09 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. 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.
