Stamoulis et al v. Ocean Realty Partners LLC et al
| Todd Stamoulis |
| Ocean Realty Partners LLC, Louis Delpidio and Ocean Vacations LLC |
| Nicholas Fiorillo |
| 1:2023cv00419 |
| October 12, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
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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Filing 8
REPORT AND RECOMMENDATIONS re (1 in 1:23-cv-00419-WES-PAS) Notice of Removal filed by Nicholas Fiorillo, (1 in 1:23-cv-00363-WES-PAS) Notice of Removal filed by Nicholas Fiorillo, (1 in 1:23-cv-00420-WES-PAS) Notice of Removal filed by Nicholas Fiorillo, (1 in 1:23-cv-00364-WES-PAS) Notice of Removal filed by Nicholas Fiorillo, (1 in 1:23-cv-00422-WES-PAS) Notice of Removal filed by Nicholas Fiorillo, (1 in 1:23-cv-00365-WES-PAS) Notice of Removal filed by Nicholas Fiorillo Objections to R&R due by 12/19/2023.. I recommend that the Court grant in part and deny in part the pending motions for prefiling injunctions So Ordered by Magistrate Judge Patricia A. Sullivan on 12/5/2023. (Saucier, Martha)
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TEXT ORDER: Based on the facts found and law set out in the report and recommendation that has issued in this case today, the Court orders that Nicholas Fiorillo is hereby sua sponte ordered to pay a total of $10,000 to sanction his intentionally time-wasting vexatious litigation conduct in this case and the other cases in which this Order is issuing (23-349, 23-363, 23-364, 23-365, 23-366, 23-368, 23-419, 23-420, 23-422). This sanction must be paid to the Clerk's office within thirty days of the issuance of this Text Order. Upon receipt of payment of $10,000 in any of the foregoing cases, the Clerks office is directed to docket a notice of satisfaction of sua sponte sanction in all of these cases.. So Ordered by Magistrate Judge Patricia A. Sullivan on 12/5/2023. (Saucier, Martha)
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| USCA Case Number 23-2024 for #6 Notice of Appeal, filed by Nicholas Fiorillo. (Hill, Cherelle) |
| Filing 7 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). #6 Notice of Appeal,,. (Attachments: #1 Record on Appeal)(Kenny, Meghan) |
| Filing 5 Mail Returned: Mail sent to Nicholas Fiorillo returned as undeliverable re: 11/13/2023 Minute Entry. (DaCruz, Kayla) |
| Filing 6 NOTICE OF APPEAL by Nicholas Fiorillo as to Order on Report and Recommendations, 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) |
| Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Hearing on Sanctions/Injunctive Relief Show Cause Orders issued in CA Nos. 23-349; 23-363; 23-364; 23-365; 23-366; 23-368; 23-419; 23-420; 23-422; Mr. Fiorillo ordered to appear. Nicholas Fiorillo not present. Attorney Michael Dickman present for CA 23-363 and Attorney David Rich present for CA 23-368. Mr. Dickman addresses the Court regarding injunctive relief and sanctions; Court questions Mr. Dickman; Mr. Rich addresses the Court regarding sanctions and injunctive relief; Court takes matter under advisement; Court to issue a Report and Recommendation on the injunctive relief issue and to issue order(s) on the sanctions issue. (Court Reporter FTR Recording in Courtroom B at 10:04.) (Saucier, Martha) |
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TEXT ORDER adopting in full Magistrate Judge Sullivans #3 Sua Sponte Report and Recommendation (R&R) over Petitioner Nicholas Fiorillos #4 Objections. The Court agrees with Judge Sullivan that Petitioner Fiorillo lacks standing because he is not a party to this case. Additionally, 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. Petitioner 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 Superior Court (Worcester 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 (Worcester County). SO ORDERED. So Ordered by District Judge William E. Smith on 10/31/2023. (Potter, Carrie)
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| Filing 4 OBJECTION to #3 Report and Recommendations filed by Nicholas Fiorillo. (Attachments: #1 Email from Filer)(Simoncelli, Michael) |
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Filing 3
SUA SPONTE REPORT AND RECOMMENDATION TO REMAND CASE TO MASSACHUSETTS STATE COURT AND ORDER TO SHOW CAUSE WHY SANCTIONS AND INJUNCTION SHOULD NOT BE ORDERED re #1 Notice of Removal filed by Nicholas Fiorillo 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 whether to assess inherent power sanctions and issue an injunction, at which hearing Mr. Fiorillo is ordered to appear. Hearing set for 11/13/2023 at 10:00 AM in Courtroom B before Magistrate Judge Patricia A. Sullivan. (Saucier, Martha) Modified on 10/16/2023 to correct hearing date.(Simoncelli, Michael) |
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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"), the Court orders that removal Petitioner Nicholas Fiorillo must 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.. So Ordered by Magistrate Judge Patricia A. Sullivan on 10/16/2023. (Saucier, Martha)
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| Filing 2 CASE OPENING NOTICE ISSUED (Simoncelli, Michael) |
| Filing 1 NOTICE OF REMOVAL from Worcester Co. Superior Court, case number 20CV121OD, filed by Nicholas Fiorillo. (Attachments: #1 State Court Filings, #2 Civil Cover Sheet)(Simoncelli, Michael) |
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TEXT ORDER directing Petitioner 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 11/2/2023. 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 10/12/2023. (Simoncelli, Michael)
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| 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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