PENSCO Trust Company Custodian FBO Richard J. Fagan v. Constant S. Poholek, Jr., Esq.
| Mr constant s poholek and PENSCO Trust Company |
| Constant S. Poholek, Jr. |
| 1:2019cv12000 |
| September 23, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Contract: Other |
| 28 U.S.C. ยง 1446 |
| None |
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| Filing 14 Summons Issued as to Constant S. Poholek, Jr. 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.note: Clerk Issued summons and handed over in person (Castilla, Francis) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #5 Motion to Dismiss for Failure to State a Claim. The existence of personal jurisdiction over the defendant normally depends on legally sufficient service of process. See Omni Capital Int'l, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97, 104 (1987). When a defendant seasonably challenges the adequacy of service, the plaintiff has the burden of showing that service was proper. See Rivera-Lopez v. Municipality of Dorado, 979 F.2d 885, 887 (1st Cir. 1992). Plaintiff did not serve defendant Constant Poholek, Jr. personally, but rather, Constable Paul Terrio served the Complaint on an Attorney Beland who works at the same address as Poholek. Poholek asserts that Beland "is not an agent for [Poholek] authorized to accept service of process on [his] behalf." Dkt. #6, Mem. at 4. Without more, plaintiff has failed to meet its burden. Accordingly, the court will STAY this case for thirty days -- until until November 30, 2019, to provide plaintiff with the opportunity to perfect service on Poholek. SO ORDERED. (Zierk, Marsha) |
| Filing 12 REPLY to Response to #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Constant S. Poholek, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2(2))(Ezepek, Matthew) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Leave to File a Reply. The Reply must be filed no later than October 25, 2019, and be no more than eight pages in length. (Zierk, Marsha) |
| Filing 10 MOTION for Leave to File Reply Memorandum by Constant S. Poholek, Jr.(Ezepek, Matthew) |
| Filing 9 NOTICE of Appearance by Matthew A. Ezepek on behalf of Constant S. Poholek, Jr (Ezepek, Matthew) |
| Filing 8 First Opposition re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PENSCO Trust Company. (Attachments: #1 Exhibit Plaintiff's Exhibits)(Fiegel, John) |
| Filing 7 EXHIBIT re #6 Memorandum in Support of Motion to Dismiss by Constant S. Poholek, Jr. (Poholek, Constant) |
| Filing 6 First MEMORANDUM in Support re #5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Constant S. Poholek, Jr. (Attachments: #1 Exhibit Declaration, #2 Exhibit Summons)(Poholek, Constant) |
| Filing 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Constant S. Poholek, Jr. (Attachments: #1 Affidavit Compliance)(Poholek, Constant) |
| Filing 4 AMENDED NOTICE OF REMOVAL, filed by Constant S. Poholek, Jr. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplement)(Poholek, Constant) Modified on 9/26/2019 to correct docket text (Pacho, Arnold). |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (DeMaria, Timothy) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Judith G. Dein. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL against Constant S. Poholek. Filing fee: $ 400, receipt number 0101-7891041 (Fee Status: Filing Fee paid), filed by Constant S. Poholek. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Local Category Form) (Poholek, Constant) |
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