Eresian Jr. v. Arcuri et al
| Ara Eresian Jr. and Erik C. Krowel |
| Tracy Krowel, Santo Arcuri, John B. Raimo, Daniel J. Rourke III, Tracy L. Krowel, Tracy Fiorillo, Tracy L. Fiorillo and Shrewsbury Street Development Companies, Inc. |
| 4:2023cv40028 |
| March 16, 2023 |
| US District Court for the District of Massachusetts |
| Margaret R Guzman |
| Indira Talwani |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiff's Motion for Enlargement of Time to File Responses #28 is granted. Plaintiff shall file responses to Defendant Santo Arcuri's Motion to Dismiss #9 and Motion for Injunctive Relief #17 and Defendant John Raimo's Motion to Dismiss #17 and Motion for Injunctive Relief #18 by May 19, 2023. (Kelly, Danielle) |
| Filing 30 MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel J. Rourke III. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Coppinger, Philip) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Daniel J. Rourke III.(Coppinger, Philip) |
| Filing 28 MOTION for Enlargement of Time to Files Responses to Defendants, Arcuri's and Raimo's Motions, For Cause by Ara Eresian Jr. (Kelly, Danielle) |
| Filing 27 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs Motion to Strike 24 , Motion to Strike 25 , and Motion to Strike 26 seek relief on an ex parte basis. Plaintiff provides no basis for seeking ex parte relief and is cautioned that further filings shall not be filed ex parte without cause.Plaintiffs motions seek to strike Defendant John Raimos Motion to Dismiss #17 and Motion for Injunctive Relief #18 and Defendant Tracy Fiorillos Motion for Extension of Time #21 for failing to comply with Local Rule 7.1(a)(2), but Plaintiff likewise has failed to comply with that rule. As previously noted, see Electronic Order 22 , the court finds that the purpose of the rule is to avoid unnecessary motion practice and that the rule appears unlikely to serve that purpose here. Accordingly, pending further court order, the parties and counsel are hereby relieved of their Local Rule 7.1(a)(2) obligation to confer prior to filing motions in this matter and Plaintiffs Motion to Strike 24 , Motion to Strike 25 , and Motion to Strike 26 are DENIED. (Kelly, Danielle) |
| Filing 23 Judge Indira Talwani: ELECTRONIC ORDER: granting Defendant Tracy Fiorillo's Motion for Extension of Time #21 . Good cause shown, Defendant Fiorillo's time to file a responsive pleading is extended to and including July 26, 2023. The court does not anticipate granting further extensions of this deadline. (Kelly, Danielle) |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs Motion to Strike 13 , Motion to Strike 14 , and Motion for Order 15 seek relief on an ex parte basis. Plaintiff provides no basis for seeking ex parte relief and is cautioned that further filings shall not be filed ex parte without cause.Plaintiffs Motion to Strike 13 and Motion to Strike 14 seek to strike Defendant Santo Arcuris Motion to Dismiss #9 and Motion for Injunctive Relief #11 and supporting papers for failing to comply with Local Rule 7.1(a)(2), but Plaintiff likewise has failed to comply with that rule. The court finds that the purpose of the rule is to avoid unnecessary motion practice and that the rule appears unlikely to serve that purpose here. Accordingly, pending further court order, the parties and counsel are hereby relieved of their Local Rule 7.1(a)(2) obligation to confer prior to filing motions in this matter and Plaintiffs Motion to Strike 13 and Motion to Strike 14 are DENIED.Plaintiffs Motion for Order 15 asks the court to issue a Plan for the Disposition of Motions. No such plan is needed, where Local Rule 7.1(b)(2) provides the general rule that a party opposing a motion shall file an opposition within 14 days after the motion is served. Accordingly, the Motion for Order 15 is DENIED. (Kelly, Danielle) |
| Filing 21 MOTION for Extension of Time to File a Responsive Pleading Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure by Tracy Krowel. (Kelly, Danielle) |
| Filing 20 ELECTRONIC NOTICE of Reassignment. Judge Indira Talwani added. District Judge Margaret R. Guzman no longer assigned to case. (Finn, Mary) |
| Filing 19 District Judge Margaret R. Guzman: ORDER entered. ORDER OF RECUSAL.(Castles, Martin) |
| Filing 18 MOTION for Injunctive Relief by John B. Raimo.(Stopa, Mark) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John B. Raimo.(Stopa, Mark) |
| Filing 16 SUMMONS Returned Executed Daniel J. Rourke III served on 4/11/2023, answer due 5/2/2023. (Barrows, Jennifer) |
| Filing 12 MEMORANDUM in Support re #11 MOTION for Injunctive Relief with certificate of service filed by Santo Arcuri. (Attachments: #1 Exhibit A)(Coppinger, Philip) (Additional attachment(s) added on 4/25/2023: #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Kelly, Danielle). (Attachment 1 replaced on 4/25/2023) (Kelly, Danielle). Modified on 4/25/2023: Separated exhibits to properly file as separate attachments (Kelly, Danielle). |
| Filing 11 MOTION for Injunctive Relief with certificate of service by Santo Arcuri.(Coppinger, Philip) |
| Filing 10 MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with certificate of service filed by Santo Arcuri. (Attachments: #1 Exhibit 1)(Coppinger, Philip) (Additional attachment(s) added on 4/25/2023: #2 Exhibit 2, #3 Exhibit 3) (Kelly, Danielle). (Attachment 1 replaced on 4/25/2023) (Kelly, Danielle). Modified on 4/25/2023: Separated exhibits to properly file as separate attachments (Kelly, Danielle). |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with certificate of service by Santo Arcuri.(Coppinger, Philip) |
| Filing 8 SUMMONS Returned Executed Tracy Krowel served on 4/5/2023, answer due 4/26/2023. (Barrows, Jennifer) |
| Filing 7 SUMMONS Returned Executed John B. Raimo served on 4/4/2023, answer due 4/25/2023. (Barrows, Jennifer) |
| Filing 6 SUMMONS Returned Executed. Shrewsbury Street Development Companies, Inc. served on 3/28/2023, answer due 4/18/2023. (Barrows, Jennifer) |
| Filing 5 SUMMONS Returned Executed. Santo Arcuri served on 3/27/2023, answer due 4/17/2023. (Barrows, Jennifer) |
| Filing 4 Filing fee/payment: $ 402.00, receipt number 100002648 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. (Burgos, Sandra) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Margaret R. Guzman 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 David H. Hennessy. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants filed by Ara Eresian Jr.. (Attachments: # 1 Exhibit A-I Refer to [1-4] through [1-12] , #2 Civil Cover Sheet, #3 Category Form)(Barrows, Jennifer) (Additional attachment(s) added on 4/25/2023: #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I) (Kelly, Danielle). Modified on 4/25/2023: Separated exhibits to properly file as separate attachments (Kelly, Danielle). |
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