GF Funding Swansea, LLC et al v. Ocean Investment Holdings, LLC et al
| Ocean Development Partners LLC, Ocean Realty Partners LLC, Ocean Vacations Realty Trust, Nicholas Fiorillo, GF Funding Swansea, LLC, Swansea Holdings, LLC and SMI Holdings, LLC |
| Raymond Green, Joan Green, Spiro Stylianopoulos, Nicholas Nesgos, Raymond C. Green Lending Trust, Raymond Green Companies, Inc., Law Firm of Arentfox Schiff LLP, Steven Dean, Dean Auction Assocs., Smith Duggan Beull & Rufo LLP, Andrew P. Stempler, OS Management LLC and Ocean Investment Holdings, LLC |
| 1:2022cv11795 |
| October 21, 2022 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Negotiable Instrument |
| None |
Docket Report
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| Filing 20 Filing fee/payment: $ 505.00, receipt number 100001495 for #5 Notice of Appeal,,, (Barbosa, Nilsa) |
| Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant Fiorillo's omnibus motion to dismiss, [ECF No. #16 ], and motion for leave for late payment of filing fee, [ECF No. #18 ], are DENIED. As the Court has previously explained, this case was remanded to state court on October 26, 2022, and the action in this Court was closed. Therefore, Mr. Fiorillo's pending motions are moot. (McManus, Caetlin) |
| Filing 18 MOTION for Leave for Late Payment of Filing Fee by Nicholas Fiorillo.(McManus, Caetlin) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss filed by Nicholas Fiorillo. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 D)(McManus, Caetlin) |
| Filing 16 Special Omnibus MOTION to Dismiss by Nicholas Fiorillo. (Attachments: #1 Cover Letter)(McManus, Caetlin) |
| Filing 15 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Nicholas Fiorillo. (Attachments: #1 Letter from Court of Appeals re Misdirected Filing)(McManus, Caetlin) |
| Filing 14 Supplemental Record on Appeal transmitted to US Court of Appeals re #5 Notice of Appeal, Documents included: ECF No. 13 (Paine, Matthew) |
| Filing 13 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant Fiorillos emergency motion to stay, [ECF No. #11 ], is DENIED as moot pursuant to Fed. R. App. P. 8(a)(1). As the Court explained to the parties in its November 1, 2022 Electronic Order, [ECF No. 9 ], the Court effected remand of the action on October 26, 2022, see [ECF Nos. 3 and #4 ]. There is nothing to stay, and therefore no basis to allow the motion. Even if the Court had not effectuated remand, the motion presents no persuasive grounds to allow the motion. The Clerk is directed to supplement and transmit the record to the First Circuit. (McManus, Caetlin) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to Ocean Investment Holdings, LLC (McManus, Caetlin) |
| Filing 11 Emergency MOTION for Stay Pending Appeal and for Temporary Stay Pending Consideration of Motion by Nicholas Fiorillo. (Attachments: #1 Letter from First Circuit Court of Appeals re Misdirected Filing)(McManus, Caetlin) |
| Filing 10 Supplemental Record on Appeal transmitted to US Court of Appeals re #5 Notice of Appeal Documents included: ECF No. 9 (Paine, Matthew) |
| Filing 9 Judge Allison D. Burroughs: ELECTRONIC ORDER entered finding as moot #8 Motion to Remand to State Court "The Emergency Motion to Direct the Clerk to Transmit Order of Remand to the Massachusetts Superior Court (ECF No. 8) is DENIED as MOOT. The action was ordered REMANDED to the Suffolk County Superior Court on October 26, 2022, and an order of remand issued that same day. ECF Nos. 3 and 4. According to the Courts records, the action was transmitted to the Suffolk Superior Court on that same day, October 26, 2022, and the action in this court was closed. A notice of appeal was filed on October 27, 2022, the next day. Notice of Appeal, ECF No. 5. Accordingly, the request for relief in the emergency motion is MOOT. The Court takes no further action in this closed case at this time." (PSSA, 5) |
| Filing 8 Emergency MOTION to Remand to State Court - Clerk to Transmit Order by GF Funding Swansea, LLC, SMI Holdings, LLC, Swansea Holdings, LLC.(Peters, Kevin) |
| Filing 7 USCA Case Number 22-1838 for #5 Notice of Appeal, filed by Nicholas Fiorillo. (Paine, Matthew) |
| Filing 6 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #5 Notice of Appeal. (Paine, Matthew) |
| Filing 5 NOTICE OF APPEAL as to 3 Order and #4 Order of Remand to the State Court by Nicholas 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 11/16/2022. (McManus, Caetlin) Docket text modified on 10/28/2022 (McManus, Caetlin). |
| Filing 4 Judge Allison D. Burroughs: ORDER entered. ORDER OF REMAND to the State Court. (McManus, Caetlin) |
| Filing 3 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. "This action is hereby REMANDED to the Suffolk County Superior Court pursuant to 28 U.S.C. 1447(c) for lack of subject matter jurisdiction. In accordance with Local Rule 81.1(d), there is no reason to delay remand and the Clerk is directed to enter an order of remand forthwith, and then to notify the Superior Court pursuant to 28 U.S.C. 1447(c), and close this case. Defendants purport to remove a civil action from Suffolk County Superior Court styled GF Funding Swansea, LLC et al. v. Ocean Investment Holdings, LLC et al., Civ. No. 2284CV01064. Pursuant to 28 U.S.C. 1447(c), with respect to removed actions, '[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.' Subject matter jurisdiction under Section 1447(c) 'can be entertained at any time and it can be either raised by the Court sua sponte or by the parties to the proceedings.' Rivera Narvaez v. JC Penney Puerto Rico, Inc., Civ. No. 18-1896-RAM, 2019 WL 3941104 at *2 (D.P.R. Aug. 20, 2019) (citation and quotations omitted). The Court also has an independent obligation to inquire into its subject matter jurisdiction. See McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004). A review of the complaint indicates that the underlying action is purely based upon state law claims, and accordingly there is no original jurisdiction under 28 U.S.C. 1331. There is also no diversity jurisdiction. Although there is no notice of removal attached, the Defendants in their cover letter claim removal is proper because the claims in the complaint are identical to or related to other cases purportedly already removed to federal court. See ECF No. 1-3. According to the defendants, the complaint provides the basis for a purported racketeering counterclaim under 18 U.S.C. 1962(c). Id. However, 'the Complaint only raises state law claims, and in general, 28 U.S.C. 1446 permits removal only on the basis of claims brought against defendants instead of on the basis of counterclaims asserted by them.' Arroyo v. Playa Papaya, LLC, CV 21-1348 (PAD), 2022 WL 281587, at *2 (D.P.R. Jan. 31, 2022) (citing Ballard's Serv. Ctr., Inc. v. Transue, 865 F.2d 447, 449 (1st Cir. 1989) (per curiam)).'(PSSA, 5) |
| Filing 2 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 M. Page Kelley. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Nicholas Fiorillo (Attachments: #1 Civil Cover Sheet and Category Form, #2 State Court Records, #3 Cover Letter) (Dore, Samantha) |
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