Boylston Brookline LLC v. Merchia et al

Massachusetts District Court
Judge:	Allison D Burroughs
Case #:	1:25-cv-10012
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1332 Diversity-Notice of Removal

Case Filed:	Jan 03, 2025
Terminated:	Feb 20, 2025
Case in other court:	Suffolk Superior Court, 2482cv01093

Last checked: Monday Feb 17, 2025 4:19 AM EST

Defendant Pro Se Party Pankaj Merchia Dr. Pankaj Merchia, pro se 18301 Bright Plume Ter Boyds, MD 20841
Defendant Jagjiwan Merchia
Defendant Anil Pendse
Defendant Ratna Pendse
Defendant Shona Pendse
Plaintiff Boylston Brookline LLC	Represented By Jeffrey P. Allen Lawson & Weitzen contact info Donald J. Gentile Lawson & Weitzen contact info

Docket last updated: 04/01/2025 11:59 PM EDT

Tuesday, March 25, 2025
21		21 appeal USCA Case Number Tue 03/25 12:37 PM USCA Case Number 25-1296 for19 Notice of Appeal, filed by Pankaj Merchia. (MAP) Related: [-]
20		20 appeal Abbreviated Electronic Appeal Record Sent to USCA Tue 03/25 11:29 AM Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re19 Notice of Appeal. (MAP) Related: [-]
Monday, March 24, 2025
19		19 appeal Notice of Appeal Tue 03/25 10:34 AM NOTICE OF APPEAL as to 18 Order by Pankaj Merchia. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at [LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/14/2025. (CAM) Related: [-]
Friday, February 21, 2025
18		18 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 02/21 3:19 PM Judge Allison D. Burroughs: ELECTRONIC ORDER ENTERED. For substantially the reason articulated in the Court's February 20, electronic order, [ECF No. 13 ], Defendant Pankaj Merchia's motion for reconsideration, [ECF No.15 ], is DENIED. Because the Court ordered the case be remanded to state court, the motion for leave to proceed in forma pauperis, [ECF No.17 ], is DENIED as moot. (CAM) Related: [-]
Thursday, February 20, 2025
17		17 motion Proceed In Forma Pauperis Thu 02/20 6:11 PM MOTION for Leave to Proceed in forma pauperis with detailed form 239 and request for excuse of misunderstanding by Pankaj Merchia.(Merchia, Pankaj) Related: [-]
16		16 misc Case file sent Thu 02/20 3:08 PM Case file sent to Norfolk Superior Court. (CAM) Related: [-]
15		15 motion Reconsideration Thu 02/20 1:52 PM MOTION for Reconsideration of remand by Pankaj Merchia.(Merchia, Pankaj) Related: [-]
		Att: 1 Exhibit state court filings
14		14 1 pgs order Order of Remand to State Court Thu 02/20 1:31 PM Judge Allison D. Burroughs: ORDER entered. ORDER OF REMAND to the State Court. (CAM) Related: [-]
13		13 order Order on Motion for Leave to Proceed In Forma Pauperis Thu 02/20 1:29 PM Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 24, 2025, the Court entered an order regarding the $405 fee required to remove an action to this Court. ECF No. 10 . The Court ordered that the defendants resolve the fee within 21 days by either (1) paying it; or (2) each defendant filing an Application to Proceed in District Court Without Prepayment of Fees or Costs (AO Form 239). The Court warned that failure to do so would result in remand to the state court. Electronic notice of this order was sent to each defendant at the email address provided on their respective motions to file electronically and for an extension of time to respond to the complaint. Only the party who had initiated the removal, Pankaj Merchia, had provided a mailing address. On February 14, 2025, Pankaj Merchia filed a motion to proceed without prepayment of the fee 12 using AO Form 240, which requires substantially less detailed information than AO Form 239. Even if the Court were inclined to grant such motion, the filing fee would not be resolved because the other defendants have not moved to proceed without payment of the filing fee. Remand is therefore appropriate. See, e.g., Trivette v. Taylor-Todd, C.A. No. 18-CV-00009-MOC, 2018 WL 1011048, at *2 (W.D.N.C. Feb. 22, 2018) (?Non-payment of the filing fee and subsequent failure to file an IFP application within the reasonable time provided by the Clerk of Court are defects in removal that require remand to the state court.?). The Court notes that remand is also proper based on the failure to timely provide the state court record. See L.R. 81.1(a), (b) (D. Mass.) Accordingly, this action is REMANDED to the state court for failure to comply with the Court?s January 24, 2025 order. The Clerk shall immediately effect remand of this action to the Norfolk Superior Court. (CAM) Related: [-]
Friday, February 14, 2025
12		12 motion Proceed In Forma Pauperis Fri 02/14 11:44 PM MOTION for Leave to Proceed in forma pauperis by Pankaj Merchia.(Merchia, Pankaj) Related: [-]
Friday, January 24, 2025
11		11 notice Notice - Other Fri 01/24 11:32 AM NOTICE TO DEFENDANTS. Defendants are notified that, pursuant to Local Rule 83.5.5(e),(h), a pro se party is required to provide the Clerk with a mailing address and telephone number, and to update changes of a party name, mailing address, email address or telephone number as necessary. Each Defendant must promptly provide this information to the Clerk. (jm) Related: [-]
10		10 order Order Fri 01/24 11:30 AM Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendants have not paid the $405 removal fee that was due at the time the Notice of Removal was filed. Defendants are ordered to resolve said fee within 21 days by (1) paying the $405 removal fee; or (2) each defendant filing an Application to Proceed in District Court Without Prepayment of Fees or Costs (AO Form 239:[LINK:Application to Proceed in District court Without Prepaying Fees or Costs (Long Form)] . Failure to comply with this order may result in remand to the state court. (jm) Related: [-]
9		9 order Order on Motion for Extension of Time to Answer Order on Motion for leave to electronically file Pro Se Fri 01/24 11:13 AM Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The motions 4 , 5 , 6 , 7 , 8 for Extension of Time to Answer are GRANTED in part. The deadline for responding to the complaint is extended to February 21, 2025. The motions 2 , 4 , 5 , 6 , 7 , 8 for leave to file electronically are GRANTED. 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 .(jm) Modified on 1/24/2025 (jm) Related: [-]
Tuesday, January 21, 2025
8		8 motion Extension of Time to File Answer Wed 01/22 12:49 PM MOTION for Extension of Time to File Answer re1 Notice of Removal by Shona Pendse. (CAM) Related: [-]
7		7 motion Extension of Time to File Answer Wed 01/22 12:48 PM MOTION for Extension of Time to File Answer re1 Notice of Removal by Ratna Pendse. (CAM) Related: [-]
6		6 motion Extension of Time to File Answer Wed 01/22 12:46 PM MOTION for Extension of Time to File Answer re1 Notice of Removal by Pankaj Merchia.(CAM) Related: [-]
5		5 motion Extension of Time to File Answer Wed 01/22 12:45 PM MOTION for Extension of Time to File Answer re1 Notice of Removal by Jagjiwan Merchia.(CAM) Related: [-]
4		4 motion Extension of Time to File Answer Wed 01/22 10:49 AM MOTION for Extension of Time to File Answer re1 Notice of Removal by Anil Pendse.(CAM) Related: [-]
Friday, January 03, 2025
3		3 notice Notice of Case Assignment Fri 01/03 2:33 PM ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Donald L. Cabell. (Phillips, Sophie) Related: [-]
Thursday, January 02, 2025
2		2 motion Leave to file electronically Pro Se Fri 01/03 12:05 PM MOTION for Leave to file electronically Pro Se by Pankaj Merchia, Pendse.(Castilla, Francis) Related: [-]
1		1 notice Notice of Removal Fri 01/03 12:04 PM NOTICE OF REMOVAL by Pankaj Merchia, Pendse from Suffolk County Superior Court, case number 2482cv01093.(Castilla, Francis) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit

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