Nakanwagi v. The Dolben Company Inc et al
| Sarah Nathreen Nakanwagi and Pro se litigant Sarah Nathreen Nakanwagi |
| The Dolben Company Inc and Ninety-Three Realty Limited Partnership |
| 1:2023cv10532 |
| March 10, 2023 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Allison D Burroughs |
| Civil Rights: Accomodations |
| 42 U.S.C. § 1981 Housing Discrimination |
| None |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #20 Motion for Extension of Time to File Response/Reply re #19 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response due by 5/22/2023. (McManus, Caetlin) |
| Filing 20 First MOTION for Extension of Time to May 12th 2023 to For plaintiff Sarah Nathreen Nakanwagi to file her opposition to defendants' motion to dismiss. filed by Sarah Nathreen Nakanwagi. (Attachments: #1 Text of Proposed Order Proposed order granting plaintiff's motion for time extension)(Nakanwagi, Sarah) Filing event modified on 4/27/2023 (McManus, Caetlin). |
| Filing 19 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The Dolben Company Inc.(Weil, Steven) |
| Filing 18 STATUS REPORT by The Dolben Company Inc. (Weil, Steven) |
| Filing 17 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. "The Court is in receipt of plaintiff's 'Meet and Confer Report Federal Rules of Civil Procedure 26(f)' (ECF No. 16). The Court observes that in it, Plaintiff references settlement negotiation discussions. This Court disregards those statements, and no response to those statements shall be made by Defendants. While the Court encourages parties to discuss non-judicial resolution of matters, the Court does not involve itself in settlement discussions, and the parties are ordered not to reveal to the Court the details of settlement negotiations. Of course, the parties may jointly request mediation before a magistrate judge at any time to facilitate settlement discussions."(PSSA, 5) |
| Filing 16 REPORT of Rule 26(f) Planning Meeting. (Nakanwagi, Sarah) |
| Filing 15 US Marshal Process Receipt and Return for Summons, Complaint. Ninety-Three Realty Limited Partnership served. Delivered on 3/31/2023 (McManus, Caetlin) |
| Filing 14 Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying #9 Motion for TRO; denying #9 Motion for Injunctive Relief "The motion for Temporary Restraining Order (ECF No. 9) is DENIED substantially for the reasons set forth in the defendants' opposition (ECF No. 12). The parties shall by April 14, 2023 confer and file a status report as how they intend to proceed." (PSSA, 5) |
| Filing 13 First AFFIDAVIT of Brian Shapiro in Opposition re #9 First MOTION for Temporary Restraining Order enjoining defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective until defendantsSecond MOTION for Injunctive Relief to maintain status quo and enjoin defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective u filed by The Dolben Company Inc. (Weil, Steven) |
| Filing 12 First Opposition re #9 First MOTION for Temporary Restraining Order enjoining defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective until defendantsSecond MOTION for Injunctive Relief to maintain status quo and enjoin defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective u filed by The Dolben Company Inc. (Weil, Steven) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. re #9 First MOTION for Temporary Restraining Order filed by Sarah Nathreen Nakanwagi "The Court holds in abeyance the motion for emergency temporary restraining order (ECF No. 9). As an initial matter, Plaintiff has failed to provide a sufficient reason for ex-parte relief, and none is apparent here. See Fed. R. Civ. P. 65(b)(1). Furthermore, a cursory review of the notice to show cause indicates the issue of irreparable harm is an open question at this stage. Contrary to plaintiffs argument, she will not be physically evicted the week of March 22. The notice to quit under Massachusetts law does not achieve a physical eviction, but rather is the first step in the eviction process, which involves the Courts of the Commonwealth of Massachusetts. Indeed, the attached notice to quit states that a judicial action is the next step. Therefore, emergency temporary injunctive relief is apparently not warranted. Nevertheless, the Court is inclined to have full briefing and argument on the issue before deciding the motion. Accordingly, the Court orders that the plaintiff serve the motion forthwith on the defendants with the complaint and summonses (if she has not already done so) and the defendants will have 5 days from the date of service to respond to the motion (but not the complaint). To the extent that the plaintiff is requesting the assistance of the United States Marshals Service to serve these documents, the Court requests (but does not order) the United States Marshals service to expedite service recognizing their limited resources. It is the responsibility of the Plaintiff to provide the United States Marshals service with all documents and appropriate instructions for service on the two defendants."(PSSA, 5) |
| Filing 10 First MEMORANDUM in Support re #9 First MOTION for Temporary Restraining Order enjoining defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective until defendantsSecond MOTION for Injunctive Relief to maintain status quo and enjoin defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective u ntil defendants are successfully served to make appearance for hearing to determine if Temporary Restraining Order will be enlarged into preliminary injunction. filed by Sarah Nathreen Nakanwagi. (Nakanwagi, Sarah) |
| Filing 9 First MOTION for Temporary Restraining Order enjoining defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective until defendants are successfully served to make appearance for hearing to determine if Temporary Restraining Order will be enlarged into preliminary injunction., Second MOTION for Injunctive Relief to maintain status quo and enjoin defendants (and everyone in concert with them) from evicting plaintiff from Section 8 federally funded apartment at address: 39 Judith Lane, Apt 1, Waltham, MA 02452. Effective until defendants are successfully served to make appearance for hearing to determine if Temporary Restraining Order will be enlarged into preliminary injunction. ( Responses due by 3/28/2023) by Sarah Nathreen Nakanwagi. (Nakanwagi, Sarah) (Attachments: #1 Exhibit 1) (Additional attachment(s) added on 3/16/2023: #2 Exhibit 2, #3 Text of Proposed Order) (McManus, Caetlin). Exhibits separated from main document 3/16/2023 (McManus, Caetlin). |
| Filing 8 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Castilla, Francis) |
| Filing 7 USMS SERVICE INSTRUCTION NOTICE (PSSA, 5) |
| Filing 6 Judge Allison D. Burroughs: ORDER entered denying without prejudice #3 Motion for Preliminary Injunction; granting #4 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov.; granting #2 Motion for Leave to Proceed in forma pauperis; denying without prejudice #3 Motion for TRO. See attached order (PSSA, 5) |
| Filing 5 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 4 MOTION for Leave to file electronically Pro Se by Sarah Nathreen Nakanwagi. (Attachments: #1 Text of Proposed Order)(Castilla, Francis) |
| Filing 3 MOTION for Temporary Restraining Order and for Preliminary Injunction ( Responses due by 3/23/2023) by Ninety-Three Realty Limited Partnership, The Dolben Company Inc.(Castilla, Francis) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sarah Nathreen Nakanwagi.(Castilla, Francis) |
| Filing 1 COMPLAINT against All Defendants, filed by Sarah Nathreen Nakanwagi. (Attachments: #1 Civil Cover Sheet, #2 Category)(Castilla, Francis) |
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