Exelero Corp. v. Cambece
| Exelero Corp. |
| James Anthony Cambece, James Antonio Cambece also known as James Anthony Cambece, Jr. doing business as The Law Office of J.A. Cambece and James Anthony Cambece, Jr. |
| 1:2023cv12301 |
| October 6, 2023 |
| US District Court for the District of Massachusetts |
| M Page Kelley |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
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| Filing 16 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Defendant moves to set aside the clerks entry of default, and plaintiff explicitly does not object to that relief. #15 at 1. Accordingly, #14 defendants motion is allowed, and #9 the clerks entry of default is set aside. The court expresses no view on plaintiffs arguments regarding alleged false assertions in defendants motion to set aside. The court likewise expresses no view as to whether defendant is domiciled in Massachusetts, Florida, or elsewhere, a dispute underlying his pending, un-ripe, and apparently substantively identical motions to dismiss, #11 , #12 , but which has spilled over to his motion to set aside. Yet, as plaintiff correctly argues, see #15 at 1-2, defendants reliance on the latitude afforded pro se parties, see #14 at 2, is misplaced. Although he has proceeded pro se to date, defendant is an attorney with an active license to practice in Massachusetts. No such latitude is warranted. See Barrett v. Lombardi, 239 F.3d 23, 28 (1st Cir. 2001).At any rate, even pro se parties are expected to know and comply with the Federal Rules of Civil Procedure and this courts local rules. See Rounds v. U.S. Dept of Justice, 626 F. Supp. 3d 510, 511-512 (D. Mass. 2022) (and cases cited); see also L.R. 83.5.5(d). L.R. 83.5.5(e) requires that pro se parties provide the Clerks Office and all parties with a mailing address at which service can be made, id., while L.R. 83.5.5(h) requires that pro se parties inform the Clerks Office and all parties in writing of any change of name, address, telephone number, or e-mail address within 14 days of the change, id. For purposes of service of orders, the court will use the mailing address identified in defendants first filing in this case, #11 , and it is defendants obligation to clarify, if clarification is needed. As a pro se litigant, defendant may, if he wishes, seek the courts permission to file pleadings and receive service of pleadings and orders electronically, through the CM/ECF system. Information regarding the CM/ECF system can be found on the Courts website.The deadline for plaintiff to respond to defendants motions to dismiss is December 26, 2023. As a reminder, see 2 , 13 , the parties must submit a completed form indicating whether or not they unanimously consent to a United States Magistrate Judge exercising complete and final jurisdiction over this case pursuant to 28 U.S.C. 636(c), by December 27, 2023. Consent is entirely voluntary, and no adverse substantive consequences will result from declination. However, submission of the completed form is mandatory, and no action will be taken on defendants motions to dismiss pending submission. (Vieira, Leonardo) |
| Filing 15 RESPONSE to Motion re #14 MOTION to Set Aside Default filed by Exelero Corp.. (Attachments: #1 Exhibit Exhibit A)(Grantham, Dax) |
| Filing 14 MOTION to Set Aside Default by James Antonio Cambece. (Attachments: #1 Exhibit)(Vieira, Leonardo) |
| Filing 13 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed on or before December 27, 2023. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Ferguson, Kerry) |
| Filing 12 Defendant's motion to dismiss for lack of jurisdiction and for failure to state a claim by James Antonio Cambece. ( Responses due by 12/26/2023) (Vieira, Leonardo) |
| Filing 11 Defendant's motion to dismiss for lack of jurisdiction and for failure to state a claim by James Antonio Cambece. (Vieira, Leonardo) |
| Filing 10 Magistrate Judge M. Page Kelley: ORDER entered. STANDING ORDER on motions for default judgment (Vieira, Leonardo) |
| Filing 9 NOTICE: Clerk's ENTRY OF DEFAULT as to James Antonio Cambece (Vieira, Leonardo) |
| Filing 8 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. #5 Plaintiffs motion for entry of default pursuant to Fed. R. Civ. P. 55(a) is allowed. The clerk is directed to enter default as well as the standing order on motions for default judgment. Plaintiffs counsels affidavit establishes that defendant has failed to plead or otherwise defend, either by the deadline for service of a responsive pleading, see Fed. R. Civ. P. 12(a)(1)(A)(i), see also #4 , or by the extended deadline to which plaintiffs counsel agreed when contacted by defendant after service, see #5 at para. 8. (Vieira, Leonardo) |
| Filing 7 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Kim DeMontigny. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm 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. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Vieira, Leonardo) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Kimberly DeMontigny Filing fee: $ 125, receipt number AMADC-10157498 by Exelero Corp.. (Attachments: #1 Certificate of Service)(Grantham, Dax) |
| Filing 5 MOTION for Entry of Default by Exelero Corp..(Grantham, Dax) |
| Filing 4 AFFIDAVIT OF SERVICE Executed by Exelero Corp.. James Antonio Cambece served on 10/26/2023, answer due 11/16/2023. Acknowledgement filed by Exelero Corp.., SUMMONS Returned Executed by Exelero Corp.. James Antonio Cambece served on 10/26/2023, answer due 11/16/2023. (Grantham, Dax) |
| Filing 3 Summons Issued as to James Anthony Cambece. 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. (Pacho, Arnold) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cowan, Nicole) |
| Filing 1 COMPLAINT against James Anthony Cambece Filing fee: $ 402, receipt number AMADC-10073714 (Fee Status: Filing Fee paid), filed by Exelero Corp.. (Attachments: #1 Catagory Form, #2 Civil Cover Sheet)(Grantham, Dax) |
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