Chawla v. Massachusetts Department of Revenue, Commissioner et al
| Jaideep S. Chawla |
| Massachusetts Department of Revenue, Commissioner, USA and US Department of Justice |
| 1:2018cv11383 |
| July 2, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| Leo T Sorokin |
| Civil Rights: Other |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2018. A more recent docket listing may be available from PACER.
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| Filing 31 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Filing 30 Case transferred in from District of New Hampshire; Case Number 1:18-cv-00238. |
Filing 29
ORDER: The clerks office is directed to transfer this matter to the U.S. District Court for the District of Massachusetts, and to then terminate this action. So Ordered by Magistrate Judge Andrea K. Johnstone. (jbw)
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| Civil Case Terminated. (jbw) |
| Interdistrict Transfer Out to District of Massachusetts. (jbw) |
| Filing 28 Addendum/Additional Exhibits re: Chawla v. Mass. Appeals Court to #10 MOTION to Disqualify Office of the Massachusetts Attorney General (Exhibit 1 - Chawla Cover Letter) by Jaideep S. Chawla. (Attachments: #1 Exhibit 2 - Motion Requesting Judicial Notice, #2 Exhibit 3 - Motion to Vacate, #3 Exhibit 4 - Notice of Service, #4 Envelope) (lml) |
| Filing 27 AMENDED CERTIFICATE OF SERVICE by US Department of Justice, USA re: #26 MOTION to Dismiss for Failure to State a Claim (Plourde, T.) Modified on 6/19/2018 to add "Amended" to docket text. (jbw). |
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ENDORSED ORDER: Text of Order: No pretrial conference will be scheduled until after resolution of the pending Motions to Dismiss (doc. nos. 21 and 26). Given the issues raised in the motions, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Magistrate Judge Andrea K. Johnstone.(lml)
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| Filing 26 MOTION to Dismiss for Failure to State a Claim filed by US Department of Justice, USA. Follow up on Objection on 7/2/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Plourde, T.) |
| Filing 25 REPLY to Objection to Motion re: #10 MOTION to Disqualify Office of the Massachusetts Attorney General filed by Jaideep S. Chawla. Surreply due by 6/25/2018. (Attachments: #1 Exhibit 1 - Defendant Commissioner's Opposition to Appellant's Motion for Certification of State Law Question, #2 Exhibit 2 - Defendant Commissioner's Memo in Opposition to Plaintiff's Motion for Partial Summary Judgment)(lml) |
| Filing 24 NOTICE Regarding 1) Future Filings and 2) Pending Request for Documents to be Sent to this Court by Jaideep S. Chawla. (Attachments: #1 Exhibit 1 - Copy of letter sent to MA Supreme Judicial Court)(lml) |
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ENDORSED ORDER granting #14 Motion to Obtain ECF Login and Password. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(lml)
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ENDORSED ORDER granting #15 Motion for Leave to File Reply to Defendant's Opposition to #10 Motion to Disqualify. Text of Order: Granted. The clerk's office to refile Reply and its attachments. So Ordered by Magistrate Judge Andrea K. Johnstone.(lml)
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| Filing 23 MOTION for Partial Summary Judgment as to Count I filed by Jaideep S. Chawla. Served on 6/12/2018. Follow up on Objection on 7/16/2018. (Attachments: #1 Memorandum of Law, #2 Exhibit 1: USDC-MA No. 14-14303-GAO - Judgment, #3 Exhibit 2: USCOA No. 15-2468 - Judgment, #4 Exhibit 3: USCOA No. 15-2468 - Mandate, #5 Envelope)(jbw) |
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ENDORSED ORDER granting #16 Motion for Jeffrey T. Walker to Appear Pro Hac Vice. Text of Order: Granted on the condition that Jeffrey T. Walker submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 6/25/2018.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(lml)
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| Filing 22 OBJECTION to #18 MOTION for Leave to File PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT IN ORDER TO CHANGE STATUTE GOVERNING VENUE TO 18 U.S.C. S 1965. TO ADD JAMES SWEENEY AND MAURA HEALEY AS DEFENDANTS INDIVIDUALLY AND OFFICIALLY. TO STRIKE PARAGRAPHS 4,5. AND Replaces Doc. No. 20 filed by Massachusetts Department of Revenue, Commissioner. Follow up on Reply on 6/15/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit 1 Chawla v. Pitter D.Mass Docket, #2 Exhibit 2 Chawla v. Appeals Court MSJC Docket)(Sweeney, James) Modified on 6/11/2018 to add: italicized text (lml). |
| Filing 21 MOTION to Dismiss for Failure to State a Claim Replaces doc. no. 19 filed by Massachusetts Department of Revenue, Commissioner. Follow up on Objection on 6/22/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memo in Support of MTD, #2 Exhibit MTD Ex.1 Mullins MSJC Decision, #3 Exhibit MTD Ex.2 Chawla v. Gonzalez MA Superior Court Docket, #4 Exhibit MTD Ex.3 Chawla v. Gonzalez MA Appeals Court Docket, #5 Exhibit MTD Ex.4 Chawlas 9/9/16 Petition for Rehearing, #6 Exhibit MTD Ex.5 Chawla v Gonzalez MSJC Docket, #7 Exhibit MTD Ex.6 Chawla v. Pitter D.Mass Docket, #8 Exhibit MTD Ex.7 Chawla v. Pitter D.Mass 7.16.15 Opinion, #9 Exhibit MTD Ex.8 Chawla v. Pitter D.Mass 10.28.15 Order, #10 Exhibit MTD Ex.9 Chawla v Brown First Circuit Docket, #11 Exhibit MTD Ex.10 Chawla v Brown First Circuit Judgment, #12 Exhibit MTD Ex.11 Chawla v. Appeals Court MSJC Docket, #13 Exhibit MTD Ex.12 Chawla v. Appeals Court MSJC Amended Complaint, #14 Exhibit MTD Ex.13 Chawla v. Healey MA Superior Court Docket)(Sweeney, James) Modified on 6/11/2018 to add: italicized text (lml). |
| NOTICE of ECF Filing Error re: #19 MOTION to Dismiss for Failure to State a Claim and #20 Objection to Motion for Leave filed by Massachusetts Department of Revenue, Commissioner. Exhibits or Attachments added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents in accordance with AP 2.5. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7326. Compliance Deadline set for 6/15/2018. (lml) |
| Filing 20 REFILED - SEE CORRECTED FILING DOC. NO. 22. OBJECTION to #18 MOTION for Leave to File PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT IN ORDER TO CHANGE STATUTE GOVERNING VENUE TO 18 U.S.C. S 1965. TO ADD JAMES SWEENEY AND MAURA HEALEY AS DEFENDANTS INDIVIDUALLY AND OFFICIALLY. TO STRIKE PARAGRAPHS 4,5. AND filed by Massachusetts Department of Revenue, Commissioner. Follow up on Reply on 6/14/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Opp Motion for Leave Ex.1-2)(Sweeney, James) Modified on 6/11/2018 to add: refiled lanugage (lml). |
| Filing 19 REFILED - SEE CORRECTED FILING DOC. NO. 21. MOTION to Dismiss for Failure to State a Claim filed by Massachusetts Department of Revenue, Commissioner. Follow up on Objection on 6/21/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memo in Support of MTD, #2 Exhibit MTD Exhibits 1-13)(Sweeney, James) Modified on 6/11/2018 to add: refiled language(lml). |
| Filing 18 MOTION for Leave to Amend Complaint In Order to Change Statute Governing Venue to 18 U.S.C. 1965, to Add James Sweeney and Maura Healy as Defendants Individually and Officially, to Strike Paragraphs 4, 5, and 26 of The Complaint and to Insert Paragraph 5(c) of This Motion As The Statement Of Venue In The Complaint filed by Jaideep S. Chawla. Served on 05/29/2018. Follow up on Objection on 6/18/2018. (Attachments: #1 Envelope) (lml) |
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ENDORSED ORDER granting #17 Motion to Extend Time to Answer re: #1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 6/18/2018. (lml)
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| Filing 17 Assented to MOTION to Extend Time to Answer to June 18, 2018 filed by US Department of Justice, USA. Attorney T. David Plourde added to party US Department of Justice(pty:dft), Attorney T. David Plourde added to party USA(pty:dft).(Plourde, T.) |
| Filing 16 MOTION for Jeffrey T. Walker to Appear Pro Hac Vice (No fee paid, IFP or US Attorney) filed by Massachusetts Department of Revenue, Commissioner. Attorney Scott Edward Sakowski added to party Massachusetts Department of Revenue, Commissioner(pty:dft). Follow up on Objection on 6/12/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Jeffrey T. Walker)(Sakowski, Scott) |
| Pro Hac Vice Fee paid: $100.00 (check), receipt number 14649016467 by Massachusetts Department of Revenue, Commissioner re: #16 Motion to Appear Pro Hac Vice. (lml) |
| NOTICE of ECF Filing Error re: #16 MOTION for Jeffrey T. Walker to Appear Pro Hac Vice filed by Massachusetts Department of Revenue, Commissioner. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(lml) |
| Filing 15 MOTION for Leave to File a Late Reply to Defendant's Opposition to #10 Motion to Disqualify filed by Jaideep S. Chawla. Served on May 21, 2018. Follow up on Objection on 6/5/2018. (Attachments: #1 Exhibit A - Proposed Reply, #2 Exhibit 1 - Defendant Commissioner's Opposition to Appellant's Motion for Certification of State Law Question, #3 Exhibit 2 - Defendant Commissioner's Memo in Opposition to Plaintiff's Motion for Partial Summary Judgment)(lml) (Additional attachment(s) added on 5/22/2018: #4 Envelope) (lml). |
| Filing 14 MOTION to Obtain ECF Login and Password filed by Jaideep S. Chawla. Served on May 21, 2018. Follow up on Objection on 6/5/2018. (lml) |
| NOTICE of ECF Filing Error re: #13 Objection to Motion, filed by Massachusetts Department of Revenue, Commissioner. Exhibits or Attachments added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents and enter in the docket text: Replaces document no. 13. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Compliance Deadline set for 5/18/2018.(lml) |
| Filing 13 OBJECTION to #10 MOTION to Disqualify Office of the Massachusetts Attorney General filed by Massachusetts Department of Revenue, Commissioner. Follow up on Reply on 5/17/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Ex 1-7 to Opp to Mot to Disqualify)(Sweeney, James) |
| Filing 12 NOTICE of Change of Address by Jaideep S. Chawla. (lml) |
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ENDORSED ORDER granting #7 Motion to Extend Time to answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 6/8/2018. (lml)
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| Filing 10 MOTION to Disqualify Entire Office of the Massachusetts Attorney General from Representation of Defendant Michael J. Heffernan, As Commissioner of the Massachusetts Department of Revenue filed by Jaideep S. Chawla. Served on April 26, 2018. Follow up on Objection on 5/10/2018. (Attachments: #1 Exhibit 1 - MA Appeals Court documents #2015-P-0483, #2 Exhibit 2 - MA Appeals Court docket sheet) (lml) |
| Filing 9 Addendum/ to #7 MOTION to Extend Time to June 8, 2018 with Statement of Concurrence by Massachusetts Department of Revenue, Commissioner. (Sweeney, James) |
| Filing 8 OBJECTION to #7 MOTION to Extend Time to June 8, 2018 served on 4/23/2018 filed by Jaideep S. Chawla. Follow up on Reply on 4/30/2018. (lml) |
| Filing 11 Return of Service Executed as to Massachusetts Department of Revenue, Commissioner; US Department of Justice, and USA by Jaideep S. Chawla. Served/Mailed on 4/9/2018. Answer Follow Up on 6/11/2018. (Attachments: #1 Exhibit 1: USPS Tracking Receipt as USA Defendants, #2 Exhibit 2: USPS Tracking Receipt as to Massachusetts Defendant)(jbw) |
| ACTION REQUIRED - NOTICE Nonconforming Document re: #7 MOTION to Extend Time to June 8, 2018 filed by Massachusetts Department of Revenue, Commissioner. The document fails to comply with LR 7.1(c)-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 7. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7326. Compliance Deadline set for 4/26/2018. (lml) |
| Filing 7 MOTION to Extend Time to June 8, 2018 filed by Massachusetts Department of Revenue, Commissioner. Attorney James A. Sweeney added to party Massachusetts Department of Revenue, Commissioner(pty:dft). Follow up on Objection on 4/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Sweeney, James) |
| Filing 6 Copies of Summonses sent for Service via Certified Mail by Jaideep S. Chawla.(lml) |
| Filing 5 MOTION To Correct Errors in Complaint filed by Jaideep S. Chawla. (Attachments: #1 Exhibit 1 Defendants' Memo of Law in Support of Motion to Dismiss in case no. SJ-2017-0095, Chawla v. Healey, et al., #2 Cover Letter, #3 mailing envelope)(jbw) |
| Filing 4 Letter to Mr. Chawla from Deputy Clerk re: #3 Letter and LR 77.6 Communications with Judicial Officers. (jbw) |
| Filing 3 Letter to Judge McAuliffe from Plaintiff re: pro se status. (jbw) |
| Filing 2 Summonses issued by mail as to Massachusetts Department of Revenue, Commissioner, US Department of Justice, USA. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF.) (lml) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (lml) |
| Filing 1 COMPLAINT against Massachusetts Department of Revenue, Commissioner, US Department of Justice, USA with Jury Demand (Filing fee $400.00 receipt number 14649016220) filed by Jaideep S. Chawla. (Attachments: #1 Exhibit A - E, #2 Civil Cover Sheet.) (lml) (Additional attachment(s) added on 3/26/2018: #3 Summons - Waiver) (lml). |
| Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:18-cv-238-SM. Please show this number with the judge designation on all future pleadings. (lml) |
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