Ocean Vacations Realty Trust et al v. Soros et al
| Ocean Vacations Realty Trust and Nicholas Fiorillo |
| George Soros, Thomas O'Neill, III, Thomas Quinn, Nicholas Nesgos, Paul Mattarese, Louis Delpidio, Cynthia Delpidio, Peter Spitalny, Samuel B. Spitalny, Raymond C. Green, Joan Green, Raymond C. Green, Inc., Raymond C. Green Trust, NE Edge LLC, Rachel Rollins, Kevin Hayden, Brian Albert, Officer Michael Powers, Joseph Powers, Town of Harwich, Harwich Police Dept., Detective Karl Dugal, Anthony Alva, Tom Millar, Robert Ahonen, Luis Gonzaga, Walter Moniz, South Coast Moving and Storage, W&W Moving and Storage LLC, Joseph Matazzoni, Robert Welsh, III, Elizabeth Winkelman, Christopher Veara, David Guillemette and Jonathan Roth |
| 1:2023cv00417 |
| October 11, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Negotiable Instrument |
| 28 U.S.C. ยง 1441 Notice of Removal-Negotiable Instrument |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| USCA Case Number 23-2021 for #9 Notice of Appeal, filed by Nicholas Fiorillo. (Gonzalez Gomez, Viviana) |
| 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,,,. (Attachments: #1 Record on Appeal)(Kenny, Meghan) |
| Filing 9 NOTICE OF APPEAL by Nicholas Fiorillo as to Order on Report and Recommendations,,,,, Order on Motion to Continue,,,,, Order on Motion to Consolidate Cases,,,,, Order on Motion for Leave to Appear,,,, 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 11/20/2023. (Attachments: #1 Letter from Court of Appeals)(Kenny, Meghan) |
TEXT ORDER adopting in full Magistrate Judge Sullivans #4 Sua Sponte Report and Recommendation (R&R) over Plaintiff Nicholas Fiorillos #8 Objections. The Court agrees with Judge Sullivan that Plaintiff Fiorillos removal of this case from state court, see ECF No. 1, is defective because 28 U.S.C. 1441 and 1443 permit removal only by a defendant, R&R 1. Plaintiff 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. This case is hereby remanded to the Massachusetts Southeast Housing Court (Barnstable County) for further proceedings. 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 Southeast Housing Court (Barnstable County). Further, the Court DENIES AS MOOT Plaintiffs #5 Motion to Continue, #6 Motion to Consolidate, and #7 Motion for Leave. SO ORDERED. So Ordered by District Judge William E. Smith on 10/31/2023. (Potter, Carrie)
|
| Filing 8 OBJECTION to #4 Report and Recommendations filed by Nicholas Fiorillo. (Attachments: #1 Email from Filer)(Simoncelli, Michael) |
| Filing 7 MOTION for Leave to Appear Notice filed by All Plaintiffs. Responses due by 11/7/2023. (Harwood, John) |
| Filing 6 MOTION to Consolidate Cases filed by All Plaintiffs. Responses due by 11/7/2023. (Harwood, John) |
| Filing 5 MOTION to Continue filed by All Plaintiffs. Responses due by 11/7/2023. (Harwood, John) |
| Filing fee: $402, receipt number 100000705. (Gonzalez Gomez, Viviana) |
|
Filing 4
SUA SPONTE REPORT AND RECOMMENDATION TO REMAND CASE TO MASSACHUSETTS STATE COURT re #1 Notice of Removal filed by Nicholas Fiorillo Objections to R&R due by 10/27/2023.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/13/2023. (Saucier, Martha)
|
|
Filing 3
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $402.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 11/1/2023. So Ordered by District Judge William E. Smith on 10/11/2023. (Simoncelli, Michael)
|
| Filing 2 CASE OPENING NOTICE ISSUED (Simoncelli, Michael) |
| Filing 1 NOTICE OF REMOVAL from Southeast Housing Court, case number 23H83CV000242CI, filed by Nicholas Fiorillo. (Attachments: #1 Civil Cover Sheet, #2 State Court Filings)(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) |
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 Rhode Island 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.
