Raymond C. Green Inc. et al v. Fiorillo et al
| Raymond C. Green Inc. and Raymond C. Green Trust |
| Nicholas Fiorillo, Tracy Krowel and Nicholas J. Fiorillo, Trustee of Ocean Vacations Realty Trust |
| 1:2023cv11807 |
| August 7, 2023 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Angel Kelley |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 Case file sent to Orleans District Court. (Lima, Christine) |
| Filing 14 Copy re #13 Order of Remand to the State Court mailed to Nicholas J. Fiorillo on 8/18/23. (Lima, Christine) |
| Filing 13 Judge Nathaniel M. Gorton: ORDER entered. AMENDED ORDER OF REMAND. (Lima, Christine) |
| Filing 12 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered denying #11 Motion for Recusal "Defendant Nicholas Fiorillo's "Emergency Verified Motion to Recuse Judge Gorton" (ECF No. 11) is DENIED. The motion, which is not verified, reveals no basis for the Court's recusal under 28 U.S.C. 455. Fiorillo's dissatisfaction with the Court's rulings is not a sufficient basis for recusal, nor is the Court's remand of the action, bearing a similar caption to the wrong court, due to a clerical error. Finally, Fiorillo's complaint about the Court's purported "rushed remand" of this action is belied by Fiorillo's desire for expedited relief in the form of a motion for temporary restraining order and preliminary injunction (ECF No. 2) and emergency motion to reassign this action to Judge Saylor (ECF No. 5), both of which were denied as moot as a result of remand. See Order, ECF No. 8. Nevertheless, while recusal is unwarranted, the action must be remanded to the correct court. A review of the Orleans District Court docket reveals an action styled Raymond C. Green, Inc. as Trustee of Raymond C. Green Trust v. Nicholas Fiorillo et al., 2326SU000006. Accordingly, the Order of Remand is amended and the action is REMANDED to the Orleans District Court. The Clerk is directed to enter an Amended Order of Remand and transmit the order to that court forthwith. This action remains CLOSED."(PSSA, 5) |
| Filing 11 Emergency MOTION to Recuse Judge Gorton by Nicholas Fiorillo. (McManus, Caetlin) |
| Filing 10 Case file sent to Southeast Housing Court of Massachusetts. (Kelly, Danielle) |
| Filing 9 Judge Nathaniel M. Gorton: ORDER entered. ORDER OF REMAND. (Kelly, Danielle) |
| Filing 8 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered. "This civil action apparently removed from Southeast Housing Court of Massachusetts, styled Raymond C. Green, Inc. v. Fiorillo, et al., 22H83SP02638CI (S.E. Hous. Ct. Mass.) is hereby REMANDED for failure even to attempt to comply with an July 5, 2023 Memorandum and Order 6-7 (the Enjoinment Order), Raymond C. Green, Inc. et al. v. Nicholas Fiorillo et al, 23-10732-NMG, ECF No. 16, 2023 WL 4347330, at *3 and the action is CLOSED. The Enjoinment Order prevents the removal of this action unless, among other things, defendant Nicholas Fiorillo seeks leave of Court prior to removal. The Clerk is directed to enter a separate order of remand, and the remand shall be immediately transmitted by the Clerk, pursuant to Local Rule 81.1(d). See Forty Six Hundred LLC v. Cadence Educ., LLC, 15 F.4th 70, 81 (1st Cir. 2021) (suggesting that [i]f a motion to remand is granted by the district court in a removed case and the remand order is appealable, the district court may wish to avoid immediately certifying the remand order and returning the case file to the state court) (emphasis added). No delay on remand is necessary. The motion for temporary restraining order and preliminary injunction (ECF No. 2) and the emergency motion to reassign (ECF No. 5) are DENIED as MOOT. Fiorillo is admonished that his failure to comply with court orders may result in further sanctions." (PSSA, 5) |
| Filing 7 ELECTRONIC NOTICE of Reassignment. Judge Nathaniel M. Gorton added. District Judge Angel Kelley no longer assigned to case. (Danieli, Chris) |
| Filing 6 District Judge Angel Kelley: ELECTRONIC ORDER entered. This civil action is directly transferred pursuant to Local Rule 40.1(i)(1) to Judge Nathaniel M. Gorton.(Lara, Miguel) |
| Filing 5 Emergency MOTION for Assignment of Case to Chief Judge F. Dennis Saylor by Nicholas Fiorillo. (Attachments: #1 Civil Cover Sheet) (Pacho, Arnold) |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by mail. (Cook, Savannah) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (Phillips, Sophie) |
| Filing 2 MOTION for Temporary Restraining Order by Nicholas Fiorillo.(Cook, Savannah). |
| Filing 1 NOTICE OF REMOVAL by Nicholas Fiorillo (Attachments: #1 Civil Cover Sheet)(Cook, Savannah). |
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