Delpidio v. Fiorillo et al
| Louis Delpidio |
| Nicholas Fiorillo and Ocean Vacations Realty Trust |
| 1:2023cv00349 |
| August 29, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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Filing 13
MEMORANDUM AND ORDER denying without prejudice #12 Motion to Strike. Mr. Delpidio's motion (ECF No. 12) is denied without prejudice to it being filed in the First Circuit Court of Appeals. Further, to the extent that Mr. Delpidio seeks damages and costs caused by Mr. Fiorillo's appeal, his remedy is Fed. R. App. P. 38, which provides for an award of damages and costs by the Court of Appeals based on its determination that an appeal is frivolous. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/20/2023. (Noel, Jeannine)
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| Filing 12 Emergency MOTION to Strike #9 Notice of Appeal,, filed by Louis Delpidio. Responses due by 11/2/2023. (DaCruz, Kayla) |
| MOTIONS REFERRED: #12 Emergency MOTION to Strike #9 Notice of Appeal,, referred for determination to Patricia A. Sullivan. (Potter, Carrie) |
| USCA Case Number 23-1862 for #9 Notice of Appeal, filed by Nicholas Fiorillo. (Hill, Cherelle) |
| Filing 11 AFFIDAVIT of Fees and Costs, by Louis Delpidio. (Attachments: #1 Exhibit, #2 Envelope)(Kenny, Meghan) |
| Filing 10 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #9 Notice of Appeal. Documents Sent: 9, 7, 3. (Attachments: #1 Record on Appeal)(Kenny, Meghan) |
| Filing 9 NOTICE OF APPEAL by Nicholas Fiorillo as to #7 Order on Motion to Consolidate Cases NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 10/25/2023. (Attachments: #1 Certificate of Service, #2 Envelope)(Kenny, Meghan) |
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Filing 8
REPORT AND RECOMMENDATION TO REMAND CASE TO MASSACHUSETTS STATE COURT AND ORDER TO SHOW CAUSE WHY SANCTIONS AND INJUNCTION SHOULD NOT BE ORDERED re #5 Emergency MOTION to Remand , Opposition to Consolidation, and for Sanctions filed by Louis Delpidio Objections to R&R due by 10/26/2023.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/12/2023. (Saucier, Martha)
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Filing 7
MEMORANDUM AND ORDER denying #3 Motion to Consolidate Cases. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/12/2023. (Saucier, Martha)
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| Hearing Notice: On November 13, 2023, at 10 a.m., the Court will conduct a sanctions/injunctive relief hearing to consider the issues to be addressed pursuant to 28 U.S.C. 1447(c) in assessing fees, costs and expenses as a result of the removal of this case, as well as to consider the show cause response, including whether to assess inherent power sanctions and issue an injunction, at which hearing Mr. Fiorillo is ordered to appear. Plaintiffs are excused, but not barred, from participating in the show cause proceedings to the extent that they relate to the Courts exercise of inherent power. Hearing is set for 11/13/2023 at 10:00 AM in Courtroom B before Magistrate Judge Patricia A. Sullivan. (Saucier, Martha) |
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Text Order for Show Cause: as further set out in the REPORT AND RECOMMENDATION TO REMAND CASE TO MASSACHUSETTS STATE COURT AND ORDER TO SHOW CAUSE WHY SANCTIONS AND INJUNCTION SHOULD NOT BE ORDERED that is issuing today ("decision"), Plaintiff Louis Delpidio, as Trustee of three trusts, is hereby ordered to file and serve by mail and electronically (by email to the address showing on ECF No. 1-3) on or before October 20, 2023, an affidavit regarding his expenses, fees and costs pursuant to 28 U.S.C. 1447(c) in conformity with DRI LR Cv 54.1 and his proposal for an injunction order. The Court further orders that removal Petitioner Nicholas Fiorillo must file his response to Plaintiff's fee/costs application and proposed injunction on or before November 3, 2023, and must also show cause in writing filed on or before November 3, 2023, why his conduct in removing this case to this Court and as further described in the decision should not be sanctioned pursuant to the Court's inherent power and why he should not be enjoined from continuing such conduct. Plaintiffs are excused, but not barred, from participating in the show cause proceedings to the extent that they relate to the Courts exercise of inherent power.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/12/2023. (Saucier, Martha)
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| Filing 6 MOTION to Reassign Case from Magistrate Judge Patricia A. Sullivan filed by Nicholas Fiorillo. Responses due by 10/24/2023. (Attachments: #1 Exhibit)(Simoncelli, Michael) |
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TEXT ORDER denying Defendant Nicholas Fiorillo's #6 Motion to Reassign Case from Magistrate Judge Patricia A. Sullivan. This Court has authority to refer matters to the U.S. Magistrate Judge per 28 U.S.C. 636(b) and Federal Rule of Civil Procedure 72. If a party disagrees with a decision from the Magistrate, the party may file objections for this Court's review. See 28 U.S.C. 636(b)(1)(C); Fed. R. Civ. P. 72. Fiorillo has not provided a reason for this Court to consider vacating the referrals to Judge Sullivan in its discretion. See Local Rule Cv 72(b). So Ordered by District Judge William E. Smith on 10/10/2023. (Urizandi, Nissheneyra)
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| MOTIONS REFERRED: #5 Emergency MOTION to Remand , Opposition to Consolidation, and for Sanctions referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| DOCKET NOTE: Party Nicholas Fiorillo provided the Clerk's Office with a new mailing address of P.O. Box 325 Harwich, MA 02646. (Simoncelli, Michael) |
| Filing 5 Emergency MOTION to Remand , Opposition to Consolidation, and for Sanctions filed by Louis Delpidio. Responses due by 10/19/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Simoncelli, Michael) |
| Filing 4 MOTION for Leave to File Document filed by Louis Delpidio. Responses due by 10/19/2023. (Attachments: #1 Proposed Motion for Sanctions, #2 Proposed Exhibit A, #3 Proposed Exhibit B, #4 Proposed Exhibit C, #5 Proposed Exhibit D, #6 Proposed Exhibit E)(Kenny, Meghan) |
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TEXT ORDER granting #4 Motion for Leave to File. So Ordered by District Judge William E. Smith on 10/5/2023. (Simoncelli, Michael)
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| MOTIONS REFERRED: #3 MOTION to Consolidate Cases , re: 23-cv-121 referred for determination to Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael) |
| New Case Filing Fee Paid $ 402.00, Receipt Number 100000628 re #1 Notice of Removal filed by Nicholas Fiorillo. (Hill, Cherelle) |
| Filing 3 MOTION to Consolidate Cases , re: 23-cv-121 filed by Nicholas Fiorillo. Responses due by 9/25/2023. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 2 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 1 NOTICE OF REMOVAL, filed by Nicholas Fiorillo. (Attachments: #1 State Court Complaint, #2 Civil Cover Sheet, #3 Email)(DaCruz, Kayla) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 23cv121 based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (DaCruz, Kayla) |
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TEXT ORDER: Invoking 28 U.S.C. 1441, 1443, 1446, on August 24 and 27, 2023, pro se removal Petitioner Nicholas Fiorillo sent eleven emails to the Clerk of this Court, which appear to seek to remove six or more cases pending in various state courts within the Commonwealth of Massachusetts. As to one of them, Petitioner complied with the requirements of attaching a copy of the pleading served on him and included a civil cover sheet. As to that submission, the Clerk Office is directed to docket the filing as a putative related case, subject to Petitioner's obligation to pay the filing fee or qualify to proceed in forma pauperis. As to the remaining submissions, the Clerk's Office is directed to return the materials submitted to Petitioner. Regarding the matter to be docketed, Petitioner is hereby ordered either to pay the filing fee or submit an application to proceed in forma pauperis within thirty days of the entry of this Order. If he fails to do so, the removal Petition will be dismissed. Before paying the filing fee or submitting an application to proceed in forma pauperis, Petitioner is cautioned that, aside from any other defects in the purported removal, the statutes on which he relies all limit removal "to the district court of the United States for the district and division embracing the place wherein [the State court action] is pending." 28 U.S.C. 1441, 1443. So Ordered by Magistrate Judge Patricia A. Sullivan on 8/29/2023. (Simoncelli, Michael)
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