Ferraz v. Speicher
| Susan Ferraz |
| Howard Speicher |
| 1:2019cv11959 |
| September 16, 2019 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Patti B Saris |
| Personal Property: Other |
| 28 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 21 USCA Case Number 19-2156 for #17 Notice of Appeal filed by Susan Ferraz. (Paine, Matthew) |
| Filing 20 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #17 Notice of Appeal. (Paine, Matthew) |
| Filing 19 USCA Appeal Fees received $ 505, receipt number 1BST077079 for #17 Notice of Appeal. Modified to correct text entry for fees(Currie, Haley). |
| Filing 18 Copy re #16 Order Dismissing Case, #15 Order on Motion to Dismiss for Failure to State a Claim,and #14 Order on Motion for TRO hand delivered to Susan Ferraz at Clerk's Office on 11/4/19; #17 Notice of Appeal, mailed to Susan Ferraz on 11/4/19. (Lara, Miguel) |
| Filing 17 NOTICE OF APPEAL as to #15 Order on Motion to Dismiss for Failure to State a Claim,, by Susan Ferraz NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 11/25/2019. (Lara, Miguel) |
| Filing 16 Chief Judge Patti B. Saris: ORDER DISMISSING CASE entered. (Lara, Miguel) |
| Filing 15 Chief Judge Patti B. Saris: ORDER entered re #6 Motion to Dismiss for Failure to State a Claim.The motion to dismiss the complaint with prejudice is allowed. Judge Speicher is protected by the doctrine of absolute judicial immunity. Plaintiff's reliance on Rankin v. Howard, 633 F.2d 844 (9th Cir. 1980) is misplaced because it was overruled by Ashelman v. Pope, 793 F.2d 1072, 1076 (9th Cir. 1986). The judge had jurisdiction to hear the dispute. (Lara, Miguel) |
| Filing 14 Chief Judge Patti B. Saris: ORDER entered re #13 Motion for Temporary Restraining Order. Denied. (Lara, Miguel) |
| Filing 13 MOTION for Temporary Restraining Order by Susan Ferraz. (Attachments: #1 Exhibit A)(Lara, Miguel) |
| Filing 12 ELECTRONIC NOTICE of Case Re-Assignment. Chief Judge Patti B. Saris 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 Donald L. Cabell. (Finn, Mary) |
| Filing 11 Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case as Frivolous . (Russo, Noreen) (Additional attachment(s) added on 10/21/2019: #1 Supplement) (Russo, Noreen). |
| Filing 10 Refusal to Consent to Proceed Before a US Magistrate Judge. Paperwork not docketed in compliance with General Order 10-1. (Russo, Noreen) |
| Filing 9 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not the defendant has consented to proceed before a U.S. Magistrate Judge has not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. The plaintiff has already sent in an election. (Russo, Noreen) |
| Filing 8 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #7 Memorandum in Support of Motion, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case as Frivolous by Nicholas A Ogden on behalf of Howard Speicher. (Ogden, Nicholas) |
| Filing 7 MEMORANDUM in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case as Frivolous filed by Howard Speicher. (Ogden, Nicholas) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Case as Frivolous by Howard Speicher. (Attachments: #1 Exhibit Land Court Judge Speicher's August 19, 2015 Summary Judgment Decision, #2 Exhibit Massachusetts Appeals Court Decision, #3 Exhibit Massachusetts Supreme Judicial Court Decision, #4 Exhibit Massachusetts Superior Court Complaint, #5 Exhibit Massachusetts Superior Court Order on Judge Speicher's Motion to Dismiss)(Ogden, Nicholas) |
| Filing 5 SUMMONS Returned Executed Howard Speicher via office of the Attorney General served on 9/25/2019, answer due 10/16/2019. (Russo, Noreen) |
| Filing 4 Summons Issued as to Howard Speicher. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 2 Filing fee/payment: $400.00, receipt number 1BST076317 for #1 Complaint (Coppola, Katelyn) |
| Filing 1 COMPLAINT against Howard Speicher, filed by Susan Ferraz. (Attachments: #1 Civil Cover Sheet and category form)(Halley, Taylor) |
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| Plaintiff: Susan Ferraz | |
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| Defendant: Howard Speicher | |
| Represented By: | Nicholas A Ogden |
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