Sills v. Rex Lumber Company
| Jerome C. Sills |
| Rex Lumber Company |
| 1:2020cv12235 |
| December 17, 2020 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 Copy re #12 Memorandum in Support of Motion, #13 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 14 Order, mailed to Jerome C. Sills 134 Shaw Street Lowell, MA 01851 on 2/12/2021. (McDonagh, Christina) |
| Filing 14 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 15, 2021, Defendant filed an amended motion to dismiss. [ECF No. #13 ]. As of February 12, 2021, Plaintiff has not filed an opposition to the motion. Plaintiff is hereby ordered to show cause, in writing by February 26, 2021, why his complaint should not be dismissed for the reasons articulated in Defendant's motion, [ECF No.- #13 ], and supporting memorandum, [ECF No. #12 ].(McDonagh, Christina) |
| Filing 13 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rex Lumber Company.(Bingham, Francis) |
| Filing 12 MEMORANDUM in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rex Lumber Company. (Bingham, Francis) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rex Lumber Company.(Bingham, Francis) |
| Filing 10 Opposition re #7 MOTION to Strike Confidential Information Included in Exhibits to Complaint or, in the alternative, MOTION to Seal filed by Jerome C. Sills. (McDonagh, Christina) |
| Filing 9 MOTION to Appoint Counsel by Jerome C. Sills. (Attachments: #1 Appearance of Counsel)(McDonagh, Christina) (Additional attachment(s) added on 1/6/2021: #2 Exhibits to Appearance of Counsel) (McDonagh, Christina). |
| Filing 8 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant's motion for extension of time and motion to vacate entry of default, [ECF No. #6 ], is GRANTED. Assuming for the purposes of this motion without deciding that service by mail was proper, Defendant would have had 23 days to respond to Plaintiff's complaint, so that Defendant's response would have been due on December 14, 2020. Mass. R. Civ. Proc. 6(d) ("Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period."). Default was entered prematurely in state court on December 11, 2020 and will therefore be vacated. Defendant shall respond to Plaintiff's complaint by January 11, 2021. (McDonagh, Christina) |
| Filing 7 MOTION to Strike Confidential Information Included in Exhibits to Complaint or, in the alternative,, MOTION to Seal ( Responses due by 1/7/2021) by Rex Lumber Company. (Attachments: #1 Exhibit A - Superior Court Complaint with Redacted Exhibits)(McDonagh, Melissa) |
| Filing 6 MOTION for Extension of Time to January 11, 2021 to File Answer , MOTION to Vacate Default Entry ( Responses due by 1/6/2021) by Rex Lumber Company. (Attachments: #1 Exhibit A - Declaration of Craig Forester, #2 Exhibit B - Summons, #3 Exhibit C - Default Entry and Request, #4 Appendix Kathuria v. Dental Dreams)(McDonagh, Melissa) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Halley, Taylor) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (Finn, Mary) |
| Filing 3 NOTICE of Appearance by Anthony D. Rizzotti on behalf of Rex Lumber Company (Rizzotti, Anthony) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Rex Lumber Company. (McDonagh, Melissa) |
| Filing 1 NOTICE OF REMOVAL by Rex Lumber Company ( Filing fee: $ 402, receipt number 0101-8557489 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - Superior Court Complaint, #2 Exhibit B - Superior Court Notice, #3 Civil Cover Sheet, #4 Category Form)(McDonagh, Melissa) |
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| Plaintiff: Jerome C. Sills | |
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| Defendant: Rex Lumber Company | |
| Represented By: | Anthony D. Rizzotti |
| Represented By: | Melissa L. McDonagh |
| Represented By: | Francis J. Bingham |
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