Keough vs Pankaj et al
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:24-cv-12898 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Nov 21, 2024 |
| Terminated: | Dec 16, 2024 |
| Case in other court: | Brookline, 2409cv000102 |
| Last checked: Sunday Jan 05, 2025 5:15 AM EST |
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Defendant
Jagjiwan Merchia
4005 Wisconsin Avenue #9632
Washington, DC 20016 |
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Defendant
Pro Se Party Pankaj Merchia
Dr. Pankaj Merchia, pro se 18301 Bright Plume Ter
Boyds, MD 20841 |
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Plaintiff
John Keough
337 Freeport St
Dorchester, MA 02124 |
| Docket last updated: 43 minutes ago |
| Tuesday, December 17, 2024 | ||
| 15 | 15
misc
Copy Mailed
Tue 12/17 10:40 AM
Copy re 14 Order on Motion for Reconsideration mailed to Jagjiwan Merchia on 12/17/2024. (Martin, Jacqueline) |
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| 14 | 14
order
Order on Motion for Reconsideration
Tue 12/17 10:11 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying13 Motion for Reconsideration. The motion for reconsideration is DENIED. In plaintiff's statement in support of Remand, see Dkt # 9, John M. Keough, Trustee of Fisher Hill Realty Trust, attests (and also in the certificates of service) that the amount in controversy in THIS case (not a total amount sought in various cases previously removed to this court) is $46,500, which is below the statutory threshold required for jurisdiction in this court. The matter appropriately has been remanded to the Brookline District Court. (Zierk, Marsha) |
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| Monday, December 16, 2024 | ||
| 13 | 13
motion
Reconsideration
Mon 12/16 12:02 PM
First MOTION for Reconsideration of order to remand by Pankaj Merchia.(Merchia, Pankaj) |
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| 12 | 12
misc
Case file sent
Mon 12/16 11:41 AM
Case file sent to Brookline District Court. (Martin, Jacqueline) |
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| 11 | 11
misc
Copy Mailed
Mon 12/16 11:07 AM
Copy re10 Order of Remand to the State Court mailed to John Keough, Pankaj Merchia, and Jagjiwan Merchia on 12/16/2024. (Martin, Jacqueline) |
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| 10 | 10
3
pgs
order
Order of Remand to State Court
Mon 12/16 9:31 AM
Judge Richard G. Stearns: ORDER entered - ORDER OF REMAND to the Brookline District Court. .(Zierk, Marsha) |
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| Friday, December 13, 2024 | ||
| 9 | 9
misc
Response to Order to Show Cause
Fri 12/13 10:07 AM
RESPONSE TO ORDER TO SHOW CAUSE by John Keough. (Keough, John) |
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| Thursday, December 12, 2024 | ||
| 8 | 8
misc
Status Report
Thu 12/12 10:11 AM
STATUS REPORT as to efiling by Pankaj Merchia. (Merchia, Pankaj) |
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| 7 | 7
misc
Response to Order to Show Cause
Thu 12/12 8:48 AM
RESPONSE TO ORDER TO SHOW CAUSE by Pankaj Merchia. (Merchia, Pankaj) |
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| Monday, November 25, 2024 | ||
| 6 | 6
misc
Copy Mailed
Mon 11/25 4:44 PM
Copy mailed Order ECF# 4 and ECF 5 (on 11-25-24) Mailed to: Jagjiwan Merchia4005 Wisconsin Avenue #9632 Washington, DC 20016John Keough 337 Freeport St Dorchester, MA 02124Pankaj Merchia 4005 Winsconsin Ave #9632 Washigton, DC 20016(Castilla, Francis) |
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| 5 | 5
order
Order
Mon 11/25 9:43 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered re:1 Notice of Removal. Pankaj Merchia is ordered to show cause by December 11, 2024 why the action styled John M. Keough As Trustee of Fisher Hill Realty Trust v. Pendse, Shona, 2409CV000102, Brookline District Court, purportedly removed into this action, ought not be remanded to that court for lack of jurisdiction. The statutory provisions governing the procedures for removal of state court actions to federal court are set out in 28 U.S.C. §§ 14411452. The statute governing procedures for removal provides that a defendant desiring to remove any action from state court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal that contains a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. 28 U.S.C. § 1446(a). In cases involving multiple defendants, all defendants who have been served must join or assent in the removal petition. See Lapides v. Board of Regents of the Univ. Sys. of Ga. , 535 U.S. 613, 620 (2002). Although plaintiff has not yet filed a motion to remand, the court has an unflagging obligation to notice jurisdictional defects and to pursue them on [its] own initiative. Espinal-Dominguez v. Puerto Rico , 352 F.3d 490, 495 (1st Cir. 2003); see also 28 U.S.C. § 1447(c) (If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.). As the removing party, Merchia has the burden of showing that [he] has met the statutory requirements. Spielman v. Genzyme Corp. , 251 F.3d 1, 4 (1st Cir. 2001); Amoche v. Guarantee Trust Life Ins. Co. , 556 F.3d 41, 48 (1st Cir. 2009) (The party invoking federal jurisdiction has the burden of establishing that the court has subject matter jurisdiction over this case.). Without more, it appears this court lacks subject matter jurisdiction, and the removed action ought be remanded. Pankaj Merchia is by this order afforded an opportunity to show cause. Pankaj Merchia must file a response to this Electronic Order on or before December 11, 2024. Failure to file a response to this Electronic Order on or before December 11, 2024 will result in remand to state court. See e.g. , Tower Ventures, Inc. v. City of Westfield , 296 F.3d 43, 45 (1st Cir. 2002) ([D]isobedience to court orders, in and of itself, constitutes extreme misconduct (and, thus, warrants dismissal)[.]); Rosario-Diaz v. Gonzalez , 140 F.3d 312, 315 (1st Cir. 1998) ([A] litigant who ignores a case-management deadline does so at his peril.). (PSSA, 4) |
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| 4 | 4
order
Order on Motion for leave to electronically file Pro Se
Mon 11/25 9:36 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting3 Motion for leave to electronically file Pro Se for the instant matter only. All self-represented parties are required to comply with the Local Rules and the Federal Rules of Civil Procedure. See Local Rule 83.5.5(d). Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at [LINK:https://pacer.uscourts.gov/register-account] . Pro se e-filing account Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm] . If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again, but you must email tracy_mclaughlin@mad.uscourts.gov with the docket number so your account can be updated allowing you to E-file . (PSSA, 4) |
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| Friday, November 22, 2024 | ||
| 2 | 2
notice
Notice of Case Assignment
Fri 11/22 7:36 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Jessica D. Hedges. (Phillips, Sophie) |
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| Wednesday, November 20, 2024 | ||
| 3 | 3
motion
Leave to file electronically Pro Se
Fri 11/22 8:34 AM
MOTION for Leave to file electronically Pro Se by Pankaj Merchia.(Castilla, Francis) |
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| 1 | 1
notice
Notice of Removal
Thu 11/21 4:41 PM
NOTICE OF REMOVAL by All Defendants from Suffolk County Superior Court, case number Brookline 2409cv000102.(Castilla, Francis) |
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Att: 1
Exhibit,
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Att: 2
Civil Cover Sheet Category Form
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