City of Boston Inspectional Services Department v. Catherine Lee et al
| City of Boston Inspectional Services Department |
| Catherine Lee and Esther Zee Lee |
| Stuart Schrier |
| 1:2020cv11796 |
| October 1, 2020 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Civil Rights: Other |
| 28 U.S.C. ยง 1343 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 Judge Denise J. Casper: ORDER entered. ORDER OF REMAND to the State Court(Hourihan, Lisa) |
| Filing 12 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #10 Motion to Remand. Having considered the motion, D. 10, and the opposition, D. 11, the Court ALLOWS the motion for remand. In removal to this Court, Defendants did so under federal question jurisdiction, 28 USC 1331. To determine whether a civil action is one "arising under the Constitution, laws or treaties of the United States," id., it is well settled that the Court must look at if the "plaintiff's claim to relief rests upon a federal right, and the court is to look only to plaintiff's complaint to find the answer." Rossello-Gonzalez v. Calderon-Serra, 398 F.3d 1, 10 (1st Cir. 2004) (emphasis in original and internal citation omitted). The allegation or existence of a "federal defense" is not sufficient for removal jurisdiction. Id. Given the nature of plaintiff's claims to relief here, having reviewed the first amended complaint, D. 1-2 at 8; D. 10-2, this Court does not have the federal question jurisdiction invoked here for removal and remand is warranted. Accordingly, the Court ALLOWS the motion. (Hourihan, Lisa) |
| Filing 11 Opposition re #10 MOTION to Remand to State Court filed by Catherine Lee. (Attachments: #1 Exhibit Recorded First Amended Order Appointing Receiver)(Lee, Mary) |
| Filing 10 MOTION to Remand to State Court by City of Boston Inspectional Services Department. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Amended Complaint for Preliminary and Permanent Injunction, #3 Affidavit Affidavit of Attorney Neil R. Janeuiliwicz, Jr., #4 Exhibit Petition For Receivership, #5 Exhibit Order Appointing Receiver, #6 Exhibit Receiver's Motion to Amend Order and add Additional Party, #7 Exhibit D's Motion to Reconsider Receivership Order & D's Motion to Dismiss, #8 Exhibit Amended Receivership Order, #9 Exhibit D's Notice of Appeal, #10 Exhibit D's Motion to Stay)(Arcangeli, Robert) |
| Filing 9 NOTICE of Appearance by Robert S. Arcangeli on behalf of City of Boston Inspectional Services Department (Arcangeli, Robert) |
| Filing 8 MOTION for Reconsideration re #1 Notice of Removal, by Catherine Lee. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Supplement)(Lee, Mary) |
| Filing 7 MOTION to Dismiss by Catherine Lee. (Attachments: #1 Exhibit, #2 Exhibit, #3 Supplement)(Lee, Mary) |
| Filing 6 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Catherine Lee re #1 Notice of Removal, . (Lee, Mary) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Currie, Haley) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. 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. (MAGISTRATE JUDGE BOWLER assigned IN ERROR see entry {03}. ) (Finn, Mary) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Marianne B. Bowler. (Finn, Mary) |
| Filing 2 NOTICE of Appearance by Mary K. Y. Lee on behalf of Catherine Lee, Esther Zee Lee. (Currie, Haley) |
| Filing 1 NOTICE OF REMOVAL by Mary K.Y. Lee ( Filing fee: $ 400, receipt number 0101-8443973 Fee Status: Filing Fee paid) (Lee, Mary). (Additional attachment(s) added on 10/1/2020: #1 Civil Cover Sheet and Category Sheet, #2 Exhibit 1, #3 Pending Motions in State Court) (Currie, Haley). (Main Document 1 replaced due to incorrect heading and incorrect parties on 10/6/2020) (Currie, Haley). |
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