BSI 254 Westfield LLC et al v. Fiorillo
| BSI 254 Westfield LLC and BSI 254 Westfield Member, LLC |
| Nicholas J. Fiorillo |
| 1:2022cv11394 |
| August 28, 2022 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 25 USCA Case Number 22-1820 for #22 Notice of Appeal, filed by Nicholas J. Fiorillo. (Paine, Matthew) |
| Filing 24 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #22 Notice of Appeal. (Paine, Matthew) |
| Filing 23 MOTION for Leave to file electronically Pro Se by Nicholas J. Fiorillo.(Currie, Haley) |
| Filing 22 NOTICE OF APPEAL as to 19 Order on Motion to Remand,,, by Nicholas J. Fiorillo 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 11/14/2022. (Currie, Haley) |
| Filing 21 Judge Denise J. Casper: ORDER entered. ORDER OF REMAND to the State Court(Currie, Haley) |
| Filing 20 Judge Denise J. Casper: ELECTRONIC ORDER entered re D. #10 Motion to Consolidate Cases, #15 Motion for leave to electronically file Pro Se, #16 Motion for leave to electronically file Pro Se - In light of the Court's ruling on the motion for remand, these motions are DENIED as moot. (Currie, Haley) |
| Filing 19 Judge Denise J. Casper: ELECTRONIC ORDER entered re D. #5 Emergency MOTION to Remand - Having considered the motion for remand, D. 5-6, and the opposition to same, D. 11, the Court ALLOWS the motion for remand. First, the removal was untimely under 28 U.S.C. 1446 where it was removed on August 29, 2022, D. 1, but the underlying complaint was filed on March 28, 2022, D. 1-1, and he was served on April 20, 2022. D. 5-1 at 16. Even assuming arguendo that it was timely, there is no appropriate basis to remove this case under 28 U.S.C. 1443, even considering not just the notice of removal, D. 1, but the substance of Plaintiff's opposition to removal, D. 11. See Nickerson-Malpher v. Wells-Fargo Bank, N.A., No. 10-11033-JLT, 2010 WL 3069950, at *3 (D. Mass. Aug. 3, 2010); Mackey v. Massachusetts, 582 F. Supp. 3d 1, 4 (D. Mass. 2022). This matter shall be remanded to state court forthwith. (Currie, Haley) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Disqualify Plaintiff's Counsel filed by Nicholas J. Fiorillo. (Attachments: #1 Exhibit A)(Currie, Haley) |
| Filing 17 MOTION to Disqualify Plaintiff's Counsel by Nicholas J. Fiorillo. (Attachments: #1 Cover Letter)(Currie, Haley) |
| Filing 16 MOTION for Leave for Pro Se Litigant to File Pleadings and Documents Electronically by Nicholas J. Fiorillo. (Attachments: #1 Cover Letter)(Currie, Haley) |
| Filing 15 MOTION for Leave to file electronically Pro Se by Nicholas J. Fiorillo. (Dore, Samantha) |
| Filing 14 EXHIBITS A-E by Nicholas J. Fiorillo. (Currie, Haley) |
| Filing 13 Letter - Motions to be Considered by Appeals Court from Nicholas Fiorillo. (Currie, Haley) |
| Filing 12 AFFIDAVIT in Support re #11 Opposition to Motion. (Currie, Haley) |
| Filing 11 Opposition re #5 Emergency MOTION to Remand filed by Nicholas J. Fiorillo. (Attachments: #1 Attachments)(Currie, Haley) |
| Filing 10 MOTION to Consolidate Cases and Authorities to Support by Nicholas J. Fiorillo.(Currie, Haley) |
| Filing 9 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #7 Motion for Extension of Time. Having considered Defendant's motion for extension to remand motion, D. 7, and Plaintiffs' opposition to same, D. 8, the Court ALLOWS the extension until September 30, 2022, but does not anticipate further extension. Whether Plaintiff secures counsel or remains pro se, his opposition to the remand motion will be due on September 30, 2022. (Hourihan, Lisa) |
| Filing 8 Opposition re #7 MOTION for Extension of Time to 9/30/2022 to File Answer filed by BSI 254 Westfield LLC, BSI 254 Westfield Member, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Welnicki, Matthew) |
| Filing 7 MOTION for Extension of Time to 9/30/2022 to File Answer by Nicholas J. Fiorillo.(Kreuzer, Neil) |
| Filing 6 MEMORANDUM in Support re #5 Emergency MOTION to Remand filed by BSI 254 Westfield LLC, BSI 254 Westfield Member, LLC. (Welnicki, Matthew) |
| Filing 5 Emergency MOTION to Remand by BSI 254 Westfield LLC, BSI 254 Westfield Member, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Welnicki, Matthew) |
| Filing 4 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 Donald L. Cabell. (Finn, Mary) |
| Filing 3 MISSING LOCAL CATEGORY FORM & CIVIL COVER SHEET ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format both a Local Category Form & a Civil Cover Sheet. Both forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. https://www.mad.uscourts.gov/resources/forms-local.htm (de Oliveira, Flaviana) |
| Filing 2 Notice of correction to docket made by Court staff. Complaint removed from the docket sheet and refund issued in re AMADC-9471828. (Danieli, Chris) |
| Filing 1 NOTICE OF REMOVAL by Nicholas J. Fiorillo ( Filing fee: $ 402, receipt number AMADC-9471986 Fee Status: Filing Fee paid) (Attachments: #1 state filings, p1-64, #2 state filings, p65-115, #3 state filings, p116-160, #4 state filings, p.161-)(Kreuzer, Neil). |
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