Independence Center Newco LLC v. Waxy's Kingston LLC
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:18-cv-10527-ADB

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Last Updated February 2, 2019 at 11:50 PM ST (2.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Waxy's Kingston LLC, Counter-Claimant

Toggle Switch Represented by Bracewell LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew A. Gens +1 617 790 3314 mgens@bg-llp.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Richard B. Michaud +1 617 790 3000 +1 617 790 3300 rmichaud@bg-llp.com
No Logo Independence Center Newco LLC, Counter-Defendant

Toggle Switch Represented by Burns & Farrey

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Thomas B. Farrey, III +1 508 756 6288 +1 508 831 9769 farrey@burnsandfarrey.com
ATTORNEY TO BE NOTICED Margaret R. Suuberg +1 508 756 6288 suuberg@burnsandfarrey.com
Citation Section 28 U.S.C. § 1441
Nature of Suit Rent Lease & Ejectment
  Entries (24) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 24 Filed: 6/6/2018, Entered: None Unknown Document TypeCourt Filing
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has reviewed Defendant's request for entry of default [ECF No. 21 ]. "The power to grant a default judgment is within the broad discretion of the trial court; however, default judgments are generally disfavored, and cases should be tried on their merits whenever possible." In re Schnell, 148 B.R. 365, 366 (D. Mass. 1992). Here, Plaintiff has actively participated in the litigation and apparently complied with all prior deadlines. Accordingly, the Court concludes that an entry of default is not warranted at the present time. See Schmir v. Prudential Ins. Co. of Am., 220 F.R.D. 4, 5-6 (D. Me. 2004) (denying request for entry of default, even where party had previously missed another deadline, where case was in early stage of proceedings and default was already cured by filing of answer). Plaintiff, however, is cautioned that it must respect future deadlines, or risk an entry of default or other sanctions as appropriate. (McDonagh, Christina) (Entered: 06/06/2018)
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    Legal Document (Payment Possibly Required) 23 Filed: 6/5/2018, Entered: None Unknown Document Type
    Plaintiff's Amended ANSWER to Counterclaim by Independence Center Newco LLC.(Farrey, Thomas) (Entered: 06/05/2018)
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      Legal Document (Payment Possibly Required) 22 Filed: 6/5/2018, Entered: None Unknown Document Type
      Plaintiff's ANSWER to Counterclaim by Independence Center Newco LLC.(Farrey, Thomas) (Entered: 06/05/2018)
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        Legal Document (Payment Possibly Required) 21 Filed: 6/1/2018, Entered: None Unknown Document Type
        Request for notice of default by Waxy's Kingston LLC as to the Counterclaims. (Gens, Matthew) (Entered: 06/01/2018)
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          Legal Document (Payment Possibly Required) 18 Filed: 5/16/2018, Entered: None Unknown Document TypeCourt Filing
          Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Scheduling Conference held on 5/16/2018. Colloquy re: pending motion to dismiss. Order to issue. Initial disclosures by 5/30/18, Amended Pleadings due by 7/20/2018. Discovery to be completed by 1/21/2019. Scheduling order to issue. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Suuberg, Gens) (Folan, Karen) (Entered: 05/17/2018)
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            Legal Document (Payment Possibly Required) 17 Filed: 5/15/2018, Entered: None Unknown Document Type
            CERTIFICATION pursuant to Local Rule 16.1 by Defendant. (Gens, Matthew) (Entered: 05/15/2018)
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              Legal Document (Payment Possibly Required) 16 Filed: 5/14/2018, Entered: None Unknown Document Type
              CERTIFICATION pursuant to Local Rule 16.1 . (Farrey, Thomas) (Entered: 05/14/2018)
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                Legal Document (Payment Possibly Required) 15 Filed: 5/10/2018, Entered: None Unknown Document Type
                Opposition re 13 MOTION to Dismiss Counterclaims filed by Waxy's Kingston LLC. (Gens, Matthew) (Entered: 05/10/2018)
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                  Legal Document (Payment Possibly Required) 14 Filed: 5/7/2018, Entered: None Unknown Document Type
                  MEMORANDUM in Support re 13 MOTION to Dismiss Counterclaims filed by Independence Center Newco LLC. (Farrey, Thomas) (Entered: 05/07/2018)
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                    Legal Document (Payment Possibly Required) 13 Filed: 5/7/2018, Entered: None Unknown Document Type
                    MOTION to Dismiss Counterclaims by Independence Center Newco LLC. (Attachments: # 1 Exhibit Exhibit A)(Farrey, Thomas) (Entered: 05/07/2018)
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                      Legal Document (Payment Possibly Required) 12 Filed: 5/1/2018, Entered: None Unknown Document Type
                      JOINT STATEMENT re scheduling conference . (Gens, Matthew) (Entered: 05/01/2018)
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                        Legal Document (Payment Possibly Required) 11 Filed: 5/1/2018, Entered: None Unknown Document Type
                        NOTICE of Appearance by Margaret R. Suuberg on behalf of Independence Center Newco LLC (Suuberg, Margaret) (Entered: 05/01/2018)
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                          Legal Document (Payment Possibly Required) 10 Filed: 4/17/2018, Entered: None Unknown Document Type
                          Amended ANSWER to Complaint, COUNTERCLAIM against Independence Center Newco LLC by Waxy's Kingston LLC.(Gens, Matthew) (Entered: 04/17/2018)
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                            Legal Document (Payment Possibly Required) 9 Filed: 3/29/2018, Entered: None Unknown Document TypeCourt Filing
                            Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 8 Motion to Continue Scheduling Conference reset for 5/16/2018 03:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 03/29/2018)
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                              Legal Document (Payment Possibly Required) 8 Filed: 3/28/2018, Entered: None Unknown Document Type
                              Joint MOTION to Continue the Initial Scheduling Conference to May 10, 2018 to Allow the Parties to Adequately Comply with Local Rule 16.1 by Waxy's Kingston LLC.(Gens, Matthew) (Entered: 03/28/2018)
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                                Legal Document (Payment Possibly Required) 7 Filed: 3/27/2018, Entered: None Unknown Document TypeCourt Filing
                                NOTICE of Scheduling Conference Scheduling Conference set for 4/10/2018 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 03/27/2018)
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                                  Legal Document (Payment Possibly Required) 6 Filed: 3/27/2018, Entered: None Unknown Document Type
                                  ANSWER to Complaint by Waxy's Kingston LLC.(Gens, Matthew) (Entered: 03/27/2018)
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                                    Legal Document (Payment Possibly Required) 5 Filed: 3/26/2018, Entered: None Unknown Document Type
                                    STATE COURT Record Waxy's Kingston LLC summons served on 3/1/2018, answer due 3/22/2018.. (Attachments: # 1 Exhibit A -- State Court Docket Sheet, # 2 Exhibit B -- Complaint, # 3 Exhibit C -- State Court Civil Action Cover Sheet, # 4 Exhibit D -- Plaintiff's Corporate Disclosure, # 5 Exhibit E -- Plaintiff's Ex Parte Motion for TRO with supporting Affidavit, # 6 Exhibit F -- Notice of Appearance on behalf of Plaintiff, # 7 Exhibit G -- State Court Tracking Order, # 8 Exhibit H -- Summons and Order of Notice, with Return of Service, # 9 Exhibit I -- Order for Preliminary Injunction, # 10 Exhibit J -- Notice of Filing Notice of Removal)(Gens, Matthew) (Entered: 03/26/2018)
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                                      Legal Document (Payment Possibly Required) 4 Filed: 3/20/2018, Entered: None Unknown Document Type
                                      Certified Copy of Notice of Removal Provided to Defense Counsel by mail (McDonagh, Christina) (Entered: 03/20/2018)
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                                        Legal Document (Payment Possibly Required) 3 Filed: 3/20/2018, Entered: None Unknown Document TypeCourt Filing
                                        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 Jennifer C. Boal. (McDonagh, Christina) (Entered: 03/20/2018)
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                                          Legal Document (Payment Possibly Required) 20 Filed: 5/17/2018, Entered: None Memorandum & ORDERCourt Filing
                                          Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Plaintiffs motion to dismiss the counterclaims ECF No. 13 is DENIED. SO ORDERED.(McDonagh, Christina)
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                                            Legal Document (Payment Possibly Required) 2 Filed: 3/20/2018, Entered: None Unknown Document Type
                                            NOTICE of Appearance by Richard B. Michaud on behalf of Waxy's Kingston LLC (Michaud, Richard) (Entered: 03/20/2018)
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                                              Legal Document (Payment Possibly Required) 19 Filed: 5/17/2018, Entered: 5/17/2018 Scheduling OrderCourt Filing
                                              Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER: Amended Pleadings due by 7/20/2018. Discovery to be completed by 1/21/2019. Dispositive Motions due by 2/21/2019. (McDonagh, Christina)
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                                                Legal Document (Payment Possibly Required) 1 Filed: 3/20/2018, Entered: None Unknown Document Type
                                                NOTICE OF REMOVAL by Waxy's Kingston LLC ( Filing fee: $ 400, receipt number 0101-7056872 Fee Status: Filing Fee paid) (Attachments: # 1 Exhibit A -- Civil Cover Sheet and Category Sheet, # 2 Exhibit B -- Complaint and State Court Civil Cover Sheet, # 3 Exhibit C -- Additional Initial Pleadings in State Court Action)(Gens, Matthew) (Entered: 03/20/2018)
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