Spitalny et al v. Fiorillo et al
| Jacob L. Spitalny and S&Q Data, LLC |
| Nicholas Fiorillo, Gotspace Data Equity Fund, LLC, Gotspace Data Equity Fund I, LLC, Gotspace Self Storage Holdings, LLC, Gotspace Management, LLC, GS Beverly, LLC, GS Gloucester, LLC, Gotspace Beverly, LLC and Gotspace Gloucester, LLC |
| Samuel B. Spitalny and Stephen Quillinan |
| 1:2023cv00366 |
| September 4, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Negotiable Instrument |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER adopting in full Magistrate Judge Sullivans #8 Report and Recommendation (R&R) over Defendant Nicholas Fiorillos #14 Objections. The Court agrees with Judge Sullivan that removal was improper under 28 U.S.C. 1441 because the Court lacks subject matter jurisdiction to hear this case. See 28 U.S.C. 1447(c). Nor is the Court the proper venue. 28 U.S.C. 1391. Additionally, removal was improper under 28 U.S.C. 1443 and untimely under 28 U.S.C. 1446. Defendant Fiorillo does not raise new facts that would change these conclusions, nor does he establish legal error on Judge Sullivans part. Accordingly, the R&R is ADOPTED and Plaintiffs #7 Motion for Remand is GRANTED. This case is hereby remanded to the Massachusetts Superior Court (Suffolk County) for further proceedings. This Order does not impact the pending show cause proceeding before Judge Sullivan. See R&R 12; Text Order (Oct. 16, 2023). Pursuant to 28 U.S.C. 1447(c), the Clerk of this Court shall mail a certified copy of this Order to the clerk of the Massachusetts Superior Court (Suffolk County). Further, the Court DENIES AS MOOT Defendant Fiorillos #12 Emergency Motion to Vacate. SO ORDERED.. So Ordered by District Judge William E. Smith on 10/31/2023. (Potter, Carrie)
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| Filing 14 OBJECTION to #8 Report and Recommendations filed by Nicholas Fiorillo. (Attachments: #1 Email from Filer)(Simoncelli, Michael) |
| Filing 13 AFFIDAVIT by Nicholas Fiorillo. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 12 Emergency MOTION to Vacate filed by Nicholas Fiorillo. Responses due by 11/6/2023. (Attachments: #1 Email)(DaCruz, Kayla) |
| Filing 11 AFFIDAVIT of Costs of Michael Brier by Stephen Quillinan. (Lantry, Jacob) |
| Filing 10 NOTICE by Stephen Quillinan [PROPOSED] ORDER ON REQUEST FOR INJUNCTIVE RELIEF (Lantry, Jacob) |
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Filing 9
MEMORANDUM AND ORDER denying #4 Motion to Consolidate Cases. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/16/2023. (Saucier, Martha)
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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 #7 MOTION to Remand MOTION FOR REMAND AND FOR SANCTIONS AGAINST VEXATIOUS LITIGANT filed by Stephen Quillinan Objections to R&R due by 10/30/2023.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/16/2023. (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. Plaintiff Quillinan is excused, but not barred, from participating in the show cause proceedings to the extent that they relate to the Courts exercise of inherent power 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 Stephen Quillinan, 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 Plaintiffs 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. Plaintiff Quillinan is 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 10/16/2023. (Saucier, Martha)
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| Filing 7 MOTION to Remand MOTION FOR REMAND AND FOR SANCTIONS AGAINST VEXATIOUS LITIGANT filed by Stephen Quillinan. Responses due by 10/27/2023. (Attachments: #1 Exhibit A - Order on Motion for Sanctions)(Lantry, Jacob) |
| Filing 6 NOTICE of Appearance by Jacob J. Lantry on behalf of Stephen Quillinan (Lantry, Jacob) |
| MOTIONS REFERRED: #7 MOTION to Remand MOTION FOR REMAND AND FOR SANCTIONS AGAINST VEXATIOUS LITIGANT referred for determination to Patricia A. Sullivan. (Urizandi, Nissheneyra) |
| Filing 5 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 #5 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 Courts 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: #4 MOTION to Consolidate Cases with Case No. 23cv121 or 23cv349 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 4 MOTION to Consolidate Cases with Case No. 23cv121 or 23cv349 filed by Nicholas Fiorillo. Responses due by 10/19/2023. (Attachments: #1 Envelope)(Simoncelli, Michael) |
| Filing 3 ANSWER to Complaint (Notice of Removal), COUNTERCLAIM against Stephen Quillinan, S&Q Data, LLC, Jacob L. Spitalny, Samuel B. Spitalny by Nicholas Fiorillo. (Attachments: #1 Email)(DaCruz, Kayla) |
| New Case Filing Fee Paid $ 402.00, Receipt Number 100000624 re #1 Notice of Removal filed by Nicholas Fiorillo. (Hill, Cherelle) |
| Filing 2 CASE OPENING NOTICE ISSUED (Simoncelli, Michael) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan 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. Related Case Number 23cv121. (Simoncelli, Michael) |
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TEXT ORDER directing Defendant Nicholas Fiorillo to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis on or before 9/26/2023. Failure to do so will result in the dismissal of the notice of removal for lack of prosecution. So Ordered by District Judge William E. Smith on 9/5/2023. (Simoncelli, Michael)
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| Filing 1 NOTICE OF REMOVAL from Suffolk Co. Superior Court, case number 2184cv02894, filed by Nicholas Fiorillo. (Attachments: #1 Civil Cover Sheet, #2 State Court Filings, #3 Email from Removing Party)(Simoncelli, Michael) |
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