BSI 254 Westfield, LLC et al v. Fiorillo
| BSI 254 Westfield, LLC and BSI 254 Westfield Member, LLC |
| Nicholas Fiorillo |
| 1:2022cv12168 |
| December 21, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Negotiable Instrument |
| None |
Docket Report
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| Filing 11 Filing fee/payment: $ 505.00, receipt number 100002025 for #8 Notice of Appeal, (Phillips, Sophie) |
| Filing 10 USCA Case Number 23-1085 for #8 Notice of Appeal, filed by Nicholas Fiorillo. (Paine, Matthew) |
| Filing 9 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #8 Notice of Appeal. (Paine, Matthew) |
| Filing 8 NOTICE OF APPEAL as to 5 Order on Motion to Remand, #6 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 2/7/2023. (Attachments: #1 Letter from COA) (Pacho, Arnold) |
| Filing 7 Certified copy re #6 Order of Remand to the State Court, 5 Order on Motion to Remand, mailed to Suffolk County Superior Court and Nicholas Fiorillo on 1/17/2023. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ORDER entered. ORDER OF REMAND to the Massachusetts Superior Court. (Pacho, Arnold) |
| Filing 5 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #3 Motion to Remand. Having reviewed the underlying state court record and the pleadings and Judge Casper's previous rulings in defendant Nicholas Fiorillo's initial attempt to remove this matter, see Case No. 1:22-cv-11394-DJC at Dkt. 19, the court finds that Fiorillo fails to provide any viable basis for federal subject-matter jurisdiction. Additionally, the attempt at removal is untimely (and possibly an abuse of process). A notice of removal must be filed within 30 days of the service of the complaint, 28 U.S.C. 1446(b)(1), and that time has expired. It would be prejudicial to plaintiffs and an intrusion upon state court jurisdiction to entertain removal in this matter. Therefore, the case is REMANDED to the Massachusetts Superior Court. Suffolk County Business Litigation session where plaintiffs can renew their request for attorneys fees. (mkz) |
| Filing 4 MEMORANDUM in Support re #3 MOTION to Remand (Following Second Effort to Remove) Together with Request for Summary/Expedited Resolution and Further Relief Including Fee Award filed by BSI 254 Westfield Member, LLC, BSI 254 Westfield, LLC. (Welnicki, Matthew) |
| Filing 3 MOTION to Remand (Following Second Effort to Remove) Together with Request for Summary/Expedited Resolution and Further Relief Including Fee Award by BSI 254 Westfield Member, LLC, BSI 254 Westfield, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Welnicki, Matthew) |
| 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 Paul G. Levenson. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Nicholas Fiorillo from Suffolk County Superior Court, case number 2184-cv-00666. (Attachments: #1 Civil Cover Sheet and Category Sheet, #2 Exhibits - State Court Documents, #3 Motion Chart)(Currie, Haley) |
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