Guo v. John Pierce School et al
| Pro se litigant Hongnian Guo |
| John Pierce School and Jamie Yadoff |
| 1:2023cv12583 |
| October 30, 2023 |
| US District Court for the District of Massachusetts |
| M Page Kelley |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Plaintiff's motion opposing dismiss, supporting federal jurisdiction, and requesting jury trial by Hongnian Guo. (Vieira, Leonardo) |
| Filing 24 Plaintiff's motion opposing dismiss, supporting federal jurisdiction and requesting jury trial by Hongnian Guo. (Vieira, Leonardo) |
| Filing 23 NOTICE of Appearance by Joseph Callanan on behalf of John Pierce School, Jamie Yadoff (Callanan, Joseph) |
| Filing 22 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 18 MOTION to Set Aside Default by John Pierce School, Jamie Yadoff.(Simpson, Jonathan) |
| Filing 17 ANSWER to Complaint by John Pierce School, Jamie Yadoff.(Simpson, Jonathan) |
| Filing 21 AFFIDAVIT of Pro se litigant Hongnian Guo by Hongnian Guo. (Vieira, Leonardo) |
| Filing 20 Plaintiff's motion for entry of default judgment by Hongnian Guo. (Attachments: #1 Affidavit 13, #2 Affidavit 14, #3 Appendix A)(Vieira, Leonardo) (Additional attachment(s) added on 12/12/2023: #4 Attachment for affidavit 13, #5 Attachment for affidavit 14) (Vieira, Leonardo). |
| Filing 19 Plaintiff's motion to amend his complaint by Hongnian Guo. (Attachments: #1 Appendix)(Vieira, Leonardo) |
| Filing 16 Magistrate Judge M. Page Kelley: ORDER entered. STANDING ORDER on motions for default judgment (Vieira, Leonardo) |
| Filing 15 NOTICE: Clerk's ENTRY OF DEFAULT as to Jamie Yadoff (Vieira, Leonardo) |
| Filing 14 NOTICE: Clerk's ENTRY OF DEFAULT as to John Pierce School (Vieira, Leonardo) |
| Filing 13 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Plaintiff has filed what the court construes as a request for clerks entry of default pursuant to Fed. R. Civ. P. 55(a) that includes an Addendum of affidavits and exhibits setting forth allegations of wrongdoing by defendants John Pierce School and its principal Jamie Yadoff, among others. As a threshold matter, access to the Addendum, [12-2] to [12-11], is being restricted to the court and case participants because plaintiff has failed to redact from certain exhibits what appear to be the names of minor children. Fed. R. Civ. P. 5.2(a).The Addendum is not relevant to plaintiffs request for clerks entry of Rule 55(a) default, for which a plaintiff need only show that the defendant(s) against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend in timely fashion. Fed. R. Civ. P. 55(a).Moreover, in Affidavit_11_Updates to the Affidavit_2 and 3... of the Addendum, plaintiff states that he respectively moves this Honorable Court, Pursuant to Federal Procedure, to file this affidavit_11 to support the plaintiffs complaint, using the most recent discoveries to update the affidavit_2 and 3, which completely confirm that this is a carefully-planned organized crime of first-degree attempted murder manipulated by CCP Spy party and their American partners for the sake of killing and silencing the witness to their spy activity.... [12-10] at 1. Fed. R. Civ. P. 15 governs amendment of pleadings, including original complaints. Under Rule 15(a)(1), a plaintiff may amend a complaint once as a matter of course if an amended complaint is filed (A) within 21 days after the plaintiff served on the defendant(s) the original complaint or (B) within 21 days after the defendant(s) served on the plaintiff an answer to the original complaint or a motion to dismiss under Rule 12(b), for a more definite statement under Rule 12(e), or to strike under Rule 12(f) whichever is earlier. Defendants here have not filed an answer or any motions, so Rule 15(a)(1)(B) does not appear to apply. Rule 15(a)(1)(A) also does not appear to apply because plaintiff filed the Addendum on November 27, 2023, more than 21 days after October 30, 2023, the date that plaintiff served on defendants the original complaint. See #9 at 5, 9 (proofs of service). At this juncture, plaintiff must, under Fed. R. Civ. P. 15(a)(2), obtain defendants written consent or the courts leave for any amendment of his original complaint. If in fact plaintiff intended through Affidavit 11 to move pursuant to Rule 15(a)(2) for the courts leave, that motion is denied without prejudice. The Addendum generally and Affidavits 11, 2 and 3 specifically do not comply with Fed. R. Civ. P. 8(a)(2), which requires that a complaint include a short and plain statement of the claim showing that plaintiff is entitled to relief.However, because the record shows that defendants have failed to appear or otherwise defend in timely fashion, the court orders the clerk to enter Rule 55(a) default. Notices of Default and the Standing Order Regarding Motions for Default Judgment to follow. The court further orders plaintiff to clarify whether he is seeking the courts leave to amend his original complaint. If plaintiff is seeking such leave, plaintiff must, by December 12, 2023, file a motion pursuant to Rule 15(a)(2), together with a proposed amended complaint that complies with the Federal Rules of Civil Procedure, including Rule 8(a)(2). If plaintiff files such a motion and the court grants leave, then the amended complaint will become the operative complaint and both the original complaint and the clerks entry of default pursuant to Fed. R. Civ. P. 55(a) will be moot. See US Bank Natl Assoc. as Legal Trustee for Truman 2016 SC6 Title Trust v. Keefer, #1:19-cv-00155-JDL, 2022 WL 1223092, *4-5 (D. Me. Apr. 26, 2022) (Nivison, M.J.), report and recommendation adopted, 2022 WL 1997212 (D. Me. June 6, 2022); U.S. S.E.C. v. Boey, #07-cv-39-SM, 2013 WL 1775444, at *1 (D. N.H. Apr. 25, 2013); see also U.S. Bank N.A., successor Trustee to Bank of America, N.A., v. Williams, et al., #4:17-cv-40145-TSH, #32 (D. Mass. Jan. 15, 2019).If plaintiff is not seeking the courts leave to amend his original complaint and thus does not file a Rule 15(a)(2) motion by December 12, 2023, then the original complaint and the clerks entry of default pursuant to Fed. R. Civ. P. 55(a) will remain operative for purposes of any motion for default judgment pursuant to Fed. R. Civ. P. 55(b). The court is serving a copy of this order as well as copies of the Notices of Default and the Standing Order Regarding Motions for Default Judgment on defendant Yadoff at defendant John Pierce School, 50 School Street, Brookline, MA 02445. (Vieira, Leonardo) |
| Filing 12 Request for notice of default by Hongnian Guo. (Attachments: #1 Attachment 1, #2 Addendum, #3 Affidavit 1, #4 Affidavit 2, #5 Affidavit 3, #6 Affidavit 4, #7 Affidavit 5, #8 Affidavit 8, #9 Exhibit to affidavit 8, #10 Affidavit 11, #11 Exhibit to affidavit 11)(Vieira, Leonardo) |
| Filing 11 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #10 . Plaintiff's motion to appear for court proceedings by Zoom is allowed subject to the court ordering plaintiff to appear in person for specific court proceedings. Plaintiff is informed that in the future, his filings in this action must bear the correct docket number for this action, which has been transferred from the United States District Court for the District of Rhode Island. The correct docket number is 23-cv-12583-MPK. Plaintiff did not serve the present motion on defendants. #10 at 4. Because this case was transferred from the District of Rhode Island and the summonses served on defendants bear the District of Rhode Island docket number only, see #9 at 4, 9, the court is serving a copy of this order on defendant Jamie Yadoff at defendant John Pierce School, 50 School Street, Brookline, MA 02445. (Ferguson, Kerry) |
| Filing 10 Plaintiff's motion for a zoom meeting in this case by Hongnian Guo. (Vieira, Leonardo) |
| Filing 9 Documents received from United States District Court for the District of Rhode Island. (Vieira, Leonardo) |
| Filing 8 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #3 Pro Se Motion to Become an ECF Filing User. 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. (Vieira, Leonardo) |
| Filing 7 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. (Danieli, Chris) |
| Filing 6 Case transferred in from District of Rhode Island; Case Number 1:23-cv-00438. |
Filing 5
ORDER Transferring this matter to the US District Court for the District of MA. So Ordered by Chief Judge John J. McConnell, Jr. on 10/24/2023. (Jackson, Ryan)
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| Filing 4 Summons Issued as to John Pierce School, Jamie Yadoff. (Attachments: #1 Yadoff Summons)(Gonzalez Gomez, Viviana) |
| Filing 3 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by Hongnian Guo. (Gonzalez Gomez, Viviana) |
| Filing 2 CASE OPENING NOTICE ISSUED (Gonzalez Gomez, Viviana) |
| Filing 1 COMPLAINT (filing fee paid $ 402.00 receipt number 100000717), filed by Hongnian Guo. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Summons) (Gonzalez Gomez, Viviana) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Lincoln D. Almond. (Gonzalez Gomez, Viviana) |
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