Batchelar v. Turk et al
| Robert S. Batchelar |
| Jeffrey Turk, Turk & Milone, LLP and ACIF I Paddock Estates, LLC |
| 1:2024cv10337 |
| February 12, 2024 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 Copy re 20 Order mailed to Robert S. Batchelar, 1422 Green District Boulevard, Marlborough, MA 01752 on 4/10/2024. (McManus, Caetlin) |
| Filing 20 Judge Richard G. Stearns: ELECTRONIC ORDER entered - Defendant ACIF I Paddock Estates, LLC, having answered the Complaint and filed a counterclaim, the court enters the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 5/1/24 (Initial disclosure is a requirement under the federal rules that parties make available to each other the following information without first receiving a discovery request: (1) the names, addresses, and telephone numbers of persons likely to have relevant, discoverable information, (2) a copy or description of all relevant documents, data compilations, and tangible items in the party's possession, custody, or control, (3) a damages computation, and (4) any relevant insurance agreements.).Any further motion for leave to Amend Pleadings & Joinder of Parties must be filed by 6/3/24. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served on the opposing parties (or their counsel) within 30 days of receipt of opposing partys initial disclosures (by May 31, 2024). The court expects each party to respond to any discovery requests in thirty days, unless a request for additional time is granted. A party may not notice more than 3 depositions without leave of court on a showing of good cause. If the parties would like to participate in the court's mediation program, they must notify our docket clerk Caetlin McManus (617-748-9041) by 9/20/24. All fact discovery must be completed no later than 10/2/24. Dispositive motions must be filed no later than 10/29/23. Oppositions to any summary judgment motion is due by 11/19/24 (21 days after the filing of a summary judgment motion). Reply, if any, by leave of court. (Zierk, Marsha) |
| Filing 19 Copy re 18 Order on Motion to Dismiss mailed to Robert S. Batchelar, 1422 Green District Boulevard, Marlborough, MA 01752 on 4/10/2024. (McManus, Caetlin) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #14 Motion to Dismiss. Plaintiff asserts 3 federal claims against defendants Jeffrey Turk and Turk & Milone, LLP: (1) violation of the Fair Debt Collection Practices Act, (2) violation of the Fair Housing Act, and (3) violation of 18 U.S.C. 1505. Although these claims challenge different aspects of the summary process eviction proceeding conducted by the state court (the first, for example, focuses on the use and occupation order underlying defendants' collection activities, while the third is premised on defendants allegedly engaging in impermissible ex parte communication with the state court), at core, they are premised on the notion that the summary process eviction action was illegal. See, e.g., Compl. [Dkt # 1] paras. 6, 8-9, 14-19; see also Pl.'s Opp'n [Dkt # 16] at 2. The problem is this: The court lacks jurisdiction to invalidate the outcome of the state court proceeding. See Klimowicz v. Deutsche Bank Nat'l Tr. Co., 907 F.3d 61, 66 (1st Cir. 2018) ("Because the plaintiff's federal suit seeks to invalidate the antecedent state courts' judgments, the district court lacked jurisdiction to consider her newly minted legal theories."). The court accordingly must allow the motion to dismiss these claims. Having dismissed the federal claims against defendants Turk and Turk & Milone, the court will also dismiss the state law consumer protection and security deposit claims against these defendants. It would be inappropriate to exercise supplemental jurisdiction under these circumstances. (RGS, law3) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT by ACIF I Paddock Estates, LLC. (Levinson, David) |
| Filing 16 Opposition re #14 MOTION to Dismiss filed by Robert S. Batchelar. (McManus, Caetlin) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss filed by Turk & Milone, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Affidavit Declaration)(Kingston, Christine) |
| Filing 14 MOTION to Dismiss by Turk & Milone, LLP.(Kingston, Christine) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Turk & Milone, LLP. (Kingston, Christine) |
| Filing 12 ANSWER to Defendant ACIF's Counterclaim by Robert S. Batchelar. (Pacho, Arnold) |
| Filing 11 Opposition re #6 Emergency MOTION for Extension of Time to April 5, 2024 to File Responsive Pleading to Complaint filed by Robert S. Batchelar. (Pacho, Arnold) |
| Filing 10 Copy re 9 Order on Motion for Extension of Time mailed to plaintiff on 3/6/2024. (Pacho, Arnold) |
| Filing 9 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #6 Motion for Extension of Time for defendants Jeffrey Turk and Turk & Milone, LLP to file their responsive pleading to the Complaint no later than April 5, 2024. Because of the length of the request, there will be no further extensions for these defendants. (Zierk, Marsha) |
| Filing 8 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Robert S. Batchelar by ACIF I Paddock Estates, LLC.(Levinson, David) |
| Filing 7 NOTICE of Appearance by Michael G. Paris on behalf of Jeffrey Turk, Turk & Milone, LLP (Paris, Michael) |
| Filing 6 Emergency MOTION for Extension of Time to April 5, 2024 to File Responsive Pleading to Complaint by Jeffrey Turk, Turk & Milone, LLP.(Kingston, Christine) Modified on 3/6/2024 to Correct CM/ECF Filing Event (Paine, Matthew). |
| Filing 5 NOTICE of Appearance by Christine Kingston on behalf of Jeffrey Turk, Turk & Milone, LLP (Kingston, Christine) |
| Filing 4 Filing fee/payment: $ 405.00, receipt number 100006643 for #1 Complaint (Barbosa, Nilsa) |
| Filing 3 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. (Barrows, Jennifer) |
| 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 Donald L. Cabell. (Cook, Savannah) |
| Filing 1 COMPLAINT against All Defendants, filed by Robert S. Batchelar. (Attachments: #1 Category Form, #2 Civil Cover Sheet)(Barrows, Jennifer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
