Greenspan v. MasMarques et al

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:23-cv-10134-DJC
District Judge Denise J. Casper, presiding
Tags
District Judge Denise J. Casper
Last Updated November 8, 2025 at 10:32 PM EST (2.9 days ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Discovery

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Parties
Greenspan, Aaron Greenspan, Aaron, Plaintiff
Officially listed as "Aaron Greenspan"
v.
No Logo Astrad Ltd., Defendant

Represented by Gillespie Shields & Durrant

Name Phone Fax E-Mail
Space Christopher Brian Ingle +1 602 870 9700 +1 602 870 9783 cingle@gillaw.com

Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space Stesha A. Emmanuel +1 860 275 6700 semmanuel@mccarter.com
No Logo MasMarques, Diego, Defendant
Officially listed as "Diego MasMarques"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joseph E. Phelan +1 781 740 5055 jphelan@southshorelaw.com
No Logo Mediolex Ltd., Defendant

Represented by Gillespie Shields & Durrant

Name Phone Fax E-Mail
Space Christopher Brian Ingle +1 602 870 9700 +1 602 870 9783 cingle@gillaw.com

Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space Stesha A. Emmanuel +1 860 275 6700 semmanuel@mccarter.com
No Logo Kudriavtsev, Sergei Igorevich, Defendant
Officially listed as "Sergei Igorevich Kudriavtsev"
Beneficial Owner, Mediolex Ltd.

Represented by Gillespie Shields & Durrant

Name Phone Fax E-Mail
Space Christopher Brian Ingle +1 602 870 9700 +1 602 870 9783 cingle@gillaw.com

Represented by McCarter & English LLP

Name Phone Fax E-Mail
Space Stesha A. Emmanuel +1 860 275 6700 semmanuel@mccarter.com
Attributes
Office Boston
Filed 1/20/2023
Jury Demand Plaintiff
Demand $750000
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Cause Section 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander
Jurisdiction Diversity
Disposition
County XX US, Outside State
Terminated
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Timeline
  Entries (256) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Leave to File Document 261 Filed: 11/8/2025, Entered: None Leave to File Document
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Objection - not related to a motion 260 Filed: 11/8/2025, Entered: None Objection - not related to a motion
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Seal Document 259 Filed: 11/6/2025, Entered: None Seal Document
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Affidavit in Support of Motion 258 Filed: 11/6/2025, Entered: None Affidavit in Support of Motion
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SUMMARY JUDGMENT 257 Filed: 11/6/2025, Entered: None SUMMARY JUDGMENT
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Leave to File Document 254 Filed: 11/1/2025, Entered: None Leave to File Document
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Leave to File Document with OCR 253 Filed: 11/1/2025, Entered: None Leave to File Document
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Order on Motion to Compel with OCR 251 Filed: 10/31/2025, Entered: None Order on Motion to Compel
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Opposition to Motion with OCR 249 Filed: 10/7/2025, Entered: None Opposition to Motion
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Leave to File Document with OCR 248 Filed: 10/7/2025, Entered: None Leave to File Document
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Leave to File Document with OCR 247 Filed: 10/6/2025, Entered: None Leave to File Document
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Order on Motion for Leave to File Document with OCR 245 Filed: 9/30/2025, Entered: None Order on Motion for Leave to File Document
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Opposition to Motion with OCR 244 Filed: 9/23/2025, Entered: None Opposition to Motion
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Motion for Leave to File with OCR 243 Filed: 9/9/2025, Entered: 9/9/2025 Motion for Leave to File
MOTION for Leave to File Motion to Strike ECF No. 242 by Aaron Greenspan.(Greenspan, Aaron)
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Opposition to Motion with OCR 242 Filed: 9/9/2025, Entered: 9/9/2025 Opposition to Motion
Opposition re [237] Second MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Rule 37 Sanctions filed by Diego MasMarques. (Andrade, Ashley)
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Motion for Leave to File with OCR 241 Filed: 9/7/2025, Entered: 9/7/2025 Motion for Leave to File
MOTION for Leave to File Motion to Strike ECF No. 240 by Aaron Greenspan.(Greenspan, Aaron)
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Opposition to Motion with OCR 240 Filed: 9/6/2025, Entered: 9/6/2025 Opposition to Motion
Opposition re [236] MOTION for Leave to File Motion for Protective Order filed by Diego MasMarques. (Andrade, Ashley)
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Blank 239 Filed: 9/5/2025, Entered: 9/5/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [238] Motion for Leave to File Document. On August 19, 2025, Defendant Diego MasMarques took Plaintiff Aaron Greenspan's deposition. A court reporter from Naegeli Deposition & Trial recorded the deposition. Greenspan has requested a copy of his deposition transcript for review. Naegeli informed Greenspan that he could either obtain a copy of the transcript at a cost or review the transcript in person at one of Naegeli's offices. Naegeli does not have an office in San Francisco, California, where Greenspan lives. Greenspan now seeks a leave from this Court to file a motion for an order compelling Naegeli to provide him with a free copy of the transcript or make the transcript available for inspection within 5 miles of San Francisco, California. Greenspan also seeks an extension of time to review his transcript. Rule 30 of the Federal Rules of Civil Procedure provides that a deponent "must be allowed 30 days after being notified by the officer that the transcript or recording is available in which: (A) to review the transcript or recording; and (B) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them." Fed. R. Civ. P. 30(e)(1). Rule 30(e), however, does not require the court reporter to provide a free copy of the transcript to the deponent. Merritte v. Ingram, No. 11-cv-871-MJR-SCW, 2013 WL 12642143, at *1 (S.D. Ill. Nov. 14, 2013); see also Joseph v. Parciasepe, No. 2:14-cv-0414 GEB AC P, 2016 WL 2743448, at *4 (E.D. Cal. May 11, 2016) ("The court reporter is not required to provide plaintiff with a copy of his transcript until he has paid for a copy and defendant is not required to bear the cost of obtaining a copy of the transcript for plaintiff."); Fed. R. Civ. P. 30(f)(3) ("When paid reasonable charges, the [court reporter] must furnish a copy of the transcript or recording to any party or the deponent."). A court reporter has made the transcript "available" for review, within the meaning of the rule, when the reporter offered the deponent an opportunity to review the transcript at the reporter's office. Parkland Venture, LLC v. City of Muskego, 270 F.R.D. 439, 440-41 (E.D. Wis. 2010). For reasons stated above, I deny the motion for leave to file a motion for clarification. I do allow Greenspan to have 30 days from the date of this order to review the transcript at his own cost and complete an errata sheet, if necessary. (AHH)
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Motion for Leave to File with OCR 238 Filed: 8/29/2025, Entered: 8/29/2025, Terminated: 9/5/2025 Motion for Leave to File
MOTION for Leave to File Motion for Clarification Regarding Federal Rule of Civil Procedure 30(e)(1) by Aaron Greenspan.(Greenspan, Aaron)
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Motion to Compel with OCR 237 Filed: 8/25/2025, Entered: 8/25/2025 Motion to Compel
Second MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Rule 37 Sanctions by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan, # (2) Exhibit A: Defendant Diego MasMarques, Jr.'s Answers To First Set of Interrogatories Dated May 23, 2025, # (3) Exhibit B: Defendant Diego MasMarques, Jr.'s Amended Answers To Interrogatories Nos. 5 and 12 Dated May 24, 2025, # (4) Exhibit C: Defendant Diego MasMarques, Jr.'s Amended Answer To Interrogatory No. 13 Dated July 22, 2025, # (5) Exhibit D: Defendant Diego MasMarques, Jr.'s Answers To Second Set of Interrogatories Dated July 22, 2025, # (6) Exhibit E: Defendant Diego MasMarques, Jr.'s Supplemental Answer To Interrogatory No. 10 and Logs Dated July 25, 2025, # (7) Exhibit F: Defendant Diego MasMarques, Jr.'s Undated Document Request Responses Received April 17, 2025, # (8) Exhibit G: Defendant Diego MasMarques, Jr.'s Amended and Supplemental Document Request Responses Dated May 20, 2025, # (9) Exhibit H: Plaintiff's Relevant Discovery Documents, # (10) Exhibit I: Defendant Diego MasMarques, Jr.'s Relevant Discovery Documents)(Greenspan, Aaron)
  • Attachment 1 Declaration of Aaron Greenspan
  • Attachment 2 Exhibit A: Defendant Diego MasMarques, Jr.'s Answers To First Set of Interrogatories Dated May 23, 2025
  • Attachment 3 Exhibit B: Defendant Diego MasMarques, Jr.'s Amended Answers To Interrogatories Nos. 5 and 12 Dated May 24, 2025
  • Attachment 4 Exhibit C: Defendant Diego MasMarques, Jr.'s Amended Answer To Interrogatory No. 13 Dated July 22, 2025
  • Attachment 5 Exhibit D: Defendant Diego MasMarques, Jr.'s Answers To Second Set of Interrogatories Dated July 22, 2025
  • Attachment 6 Exhibit E: Defendant Diego MasMarques, Jr.'s Supplemental Answer To Interrogatory No. 10 and Logs Dated July 25, 2025
  • Attachment 7 Exhibit F: Defendant Diego MasMarques, Jr.'s Undated Document Request Responses Received April 17, 2025
  • Attachment 8 Exhibit G: Defendant Diego MasMarques, Jr.'s Amended and Supplemental Document Request Responses Dated May 20, 2025
  • Attachment 9 Exhibit H: Plaintiff's Relevant Discovery Documents
  • Attachment 10 Exhibit I: Defendant Diego MasMarques, Jr.'s Relevant Discovery Documents
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Motion for Leave to File with OCR 236 Filed: 8/20/2025, Entered: 8/20/2025 Motion for Leave to File
MOTION for Leave to File Motion for Protective Order by Aaron Greenspan.(Greenspan, Aaron)
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Objection with OCR 235 Filed: 8/20/2025, Entered: 8/20/2025 Objection
Objection to [229] Order on Motion to Compel by Aaron Greenspan . (Attachments: # (1) Exhibit A: 2025 X Corp. Massachusetts Secretary of State Filings)(Greenspan, Aaron)
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Blank 234 Filed: 8/14/2025, Entered: 8/14/2025 OrderCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING in part [213] MOTION for Leave to File Second Motion To Compel. The Court notes that Greenspan, pursuant to Local Rule 37.1(b), must provide the discovery requests and responses upon which the motion is based. This Court has already denied the other component of the motion at docket no. [213]. See Docket No. [232]. (AHH)
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Blank 233 Filed: 8/14/2025, Entered: 8/14/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [218] Motion for Leave to File. This Court has ordered that Greenspan's deposition proceed in person, which formed the basis for part of the motion. See Docket No. [232]. This Court does not find persuasive at this stage the other grounds for relief. Nevertheless, this Court cautions both parties to tone down the rancor in their pleadings and discourse with one another. (AHH)
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Blank 232 Filed: 8/12/2025, Entered: 8/12/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING in part [213] Motion for Leave to File to the extent that Greenspan requests leave to file a motion to quash a notice for his deposition. The place of taking a party's deposition is controlled by Rule 26(c)(1)(B) of the Federal Rules of Civil Procedure. The examining party may set the place for the deposition of another party wherever he wishes, subject to the court's power to grant a protective order under Rule 26(c)(1)(B), designating a different place. The particular facts of each case will determine the place of examination. Ordinarily, a plaintiff is required to make himself available for a deposition in the district in which he sued. N. Am. Photon Infotech, Ltd., v. Acquia, Inc., No. 22-12052-FDS, 2024 WL 3470369, *1 (D. Mass. June 21, 2024). Plaintiff must show good cause for not being required to come to the district where the action is pending. "Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not support a good cause showing." Webb v. Green Tree Servicing, LLC, 283 F.R.D. 276, 279 (D. Md. 2012) (quotation omitted). Therefore, the standard for issuing a protective order in this situation is high. Id. Finally, remote depositions are only available when the parties so stipulate or the court orders on motion. Fed. R. Civ. P. 30(b)(4). Here, Greenspan has not met that standard. He selected Massachusetts as the forum for this case. He objects to flying from California, as well as an hour's drive to Marlborough, Massachusetts, to what he describes as a remote office park. Yet, defendant's counsel has stated that she has access to a conference room in a Boston office building. While Greenspan considers MasMarques to be physically dangerous to him and there is evidence of an acrimonious relationship, Greenspan has not provided evidence of more, and this Court may provide accommodation for this concern short of quashing the deposition notice. Moreover, complaints about an adversary's discovery responses are not a proper basis to delay one's own deposition. For all these reasons, this Court denies Greenspan's motion to file a motion to quash a deposition notice for his deposition, or to require that the deposition be taken remotely, and orders that he must appear for his deposition in Boston before August 29, 2025. Given Greenspan's concerns and the parties' history, this Court further orders that MasMarques may not attend the deposition in person but may participate remotely and may have time to consult with his attorney during the deposition outside of the presence of Greenspan. (AHH)
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Blank 231 Filed: 8/11/2025, Entered: 8/11/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [230] Motion for Leave to File DocumentCounsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (AHH)
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Motion for Leave to File with OCR 230 Filed: 8/11/2025, Entered: 8/11/2025, Terminated: 8/11/2025 Motion for Leave to File
MOTION for Leave to File FRCP 72(a) Objection To Order at ECF No. 229 by Aaron Greenspan.(Greenspan, Aaron)
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Order on motion to compel with OCR 229 Filed: 8/11/2025, Entered: 8/11/2025 Order on motion to compelCourt Filing
Magistrate Judge Jennifer C. Boal: ORDER entered DENYING [209] Motion to Compel (AHH)
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Blank 228 Filed: 8/8/2025, Entered: 8/8/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING as moot [227] Motion for Leave to File Document. Access to Docket No. [226] is restricted until further order of the Court. (AHH)
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Motion for Leave to File with OCR 227 Filed: 8/7/2025, Entered: 8/7/2025, Terminated: 8/8/2025 Motion for Leave to File
MOTION for Leave to File Motion to Seal by Aaron Greenspan.(Greenspan, Aaron)
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Legal Document (Payment Possibly Required) 226 Filed: 8/7/2025, Entered: 8/7/2025 Response to Court Order
RESPONSE TO COURT ORDER by Diego MasMarques re [225] Terminate Hearings,,, Status Conference,, . (Andrade, Ashley)
Request RequestSpace LREF
Blank 225 Filed: 8/6/2025, Entered: 8/6/2025 terminate hearingsCourt Filing
Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Status Conference held on August 6, 2025. The Court reviewed the status of discovery with the parties and inquired as to their desire for a mediation hearing. The Court will issue an Amended Scheduling Order. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Aaron Greenspan, pro se. Ashley A. Andrade for Defendant.) (AHH)
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Notice of Appearance with OCR 224 Filed: 8/5/2025, Entered: 8/5/2025 Notice of Appearance
NOTICE of Appearance by Kenneth Michael Trujillo-Jamison on behalf of X Corp. (Trujillo-Jamison, Kenneth)
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Status report with OCR 223 Filed: 8/4/2025, Entered: 8/4/2025 Status report
STATUS REPORT pursuant to Scheduling Order, ECF No. 170 by Aaron Greenspan. (Greenspan, Aaron)
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Blank 222 Filed: 8/4/2025, Entered: 8/4/2025 order on motion for miscellaneous reliefCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [219] Motion to Appear Via Zoom (AHH)
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Blank 221 Filed: 8/4/2025, Entered: 8/4/2025 Order on Motion for Leave to AppearCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [216] Motion for Leave to Appear Pro Hac Vice Added Kenneth M. Trujillo-Jamison, Esq. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (AHH)
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MEMORANDUM in Opposition to Motion with OCR 220 Filed: 8/2/2025, Entered: 8/2/2025 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition re [218] MOTION for Leave to File Cross-Motion for Sanctions, including, Dismissal With Prejudice, or, in the Alternative, to Close Fact Discovery and Grant Defendant Leave to Move for Summary Judgment filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Miscellaneous Relief with OCR 219 Filed: 8/2/2025, Entered: 8/2/2025, Terminated: 8/4/2025 Motion for Miscellaneous Relief
MOTION To Appear Via Zoom (Or Similar) Teleconference at August 6, 2025 Status Conference by Aaron Greenspan.(Greenspan, Aaron)
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Motion for Leave to File with OCR 218 Filed: 8/1/2025, Entered: 8/1/2025, Terminated: 8/14/2025 Motion for Leave to File
MOTION for Leave to File Cross-Motion for Sanctions, including, Dismissal With Prejudice, or, in the Alternative, to Close Fact Discovery and Grant Defendant Leave to Move for Summary Judgment by Diego MasMarques.(Andrade, Ashley)
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Opposition to Motion with OCR 217 Filed: 7/30/2025, Entered: 7/30/2025 Opposition to Motion
Opposition re [216] MOTION for Leave to Appear Pro Hac Vice for admission of Kenneth Trujillo-Jamison Filing fee: $ 125, receipt number AMADC-11146019 filed by Aaron Greenspan. (Attachments: # (1) Exhibit A: Plaintiff's Notice of Motion and Motion for Sanctions in Greenspan v. Musk, et al)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Plaintiff's Notice of Motion and Motion for Sanctions in Greenspan v. Musk, et al
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Motion for Leave to Appear Pro Hac Vice with OCR 216 Filed: 7/28/2025, Entered: 7/28/2025, Terminated: 8/4/2025 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Kenneth Trujillo-Jamison Filing fee: $ 125, receipt number AMADC-11146019 by X Corp.. (Attachments: # (1) Affidavit of Kenneth Trujillo-Jamison)(Spaulding, Cathryn)
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Opposition to Motion with OCR 215 Filed: 7/28/2025, Entered: 7/28/2025 Opposition to Motion
Opposition re [209] MOTION to Compel Non-Party X Corp. To Comply With FRCP 45 Subpoena filed by X Corp.. (Attachments: # (1) Affidavit Declaration of Kenneth Trujillo-Jamison, # (2) Exhibit Exhibit A)(Spaulding, Cathryn)
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Errata with OCR 214 Filed: 7/27/2025, Entered: 7/27/2025 Errata
Errata by Aaron Greenspan to [213] MOTION for Leave to File Second Motion To Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Motion to Quash Notice of Deposition of Aaron Greenspan correcting direction of travel discussed (east/west not west/east) and certificate pursuant to Civil Local Rule 7.1(a)(2). (Greenspan, Aaron)
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Motion for Leave to File with OCR 213 Filed: 7/25/2025, Entered: 7/25/2025, Terminated: 8/12/2025 Motion for Leave to File
MOTION for Leave to File Second Motion To Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Motion to Quash Notice of Deposition of Aaron Greenspan by Aaron Greenspan.(Greenspan, Aaron)
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Objection with OCR 212 Filed: 7/21/2025, Entered: 7/21/2025 Objection
Objection to [205] Order on Motion for Sanctions by Aaron Greenspan . (Greenspan, Aaron) Modified on 7/22/2025 (SEC).
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Objection with OCR 211 Filed: 7/21/2025, Entered: 7/21/2025 Objection
Objection to [203] Order on Motion for Miscellaneous Relief by Aaron Greenspan . (Greenspan, Aaron) Modified on 7/22/2025 (SEC).
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Blank 210 Filed: 7/17/2025, Entered: 7/17/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [208] Motion for Leave to File DocumentCounsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (AHH)
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Motion to Compel with OCR 209 Filed: 7/15/2025, Entered: 7/15/2025, Terminated: 8/11/2025 Motion to Compel
MOTION to Compel Non-Party X Corp. To Comply With FRCP 45 Subpoena by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan)(Greenspan, Aaron)
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Motion for Leave to File with OCR 208 Filed: 7/14/2025, Entered: 7/14/2025, Terminated: 7/17/2025 Motion for Leave to File
MOTION for Leave to File FRCP 72(a) Objections To Orders at ECF Nos. 203 and 205 by Aaron Greenspan.(Greenspan, Aaron)
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Order on Motion For Leave to File. with OCR 207 Filed: 7/14/2025, Entered: 7/14/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ORDER entered DENYING [184] Motion for Leave to File Special Motion to Dismiss. DENYING as moot [196] Motion for Leave to File Declaration in Support. (AHH)
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Blank 206 Filed: 7/11/2025, Entered: 7/11/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [202] Motion for Leave to File Document. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. This Court notes, however, that Rules 45(d)(2)(B), (d)(3), and (e)(2)(B) of the Federal Rules of Civil Procedure requires subpoena-related motions to be made to the court where compliance is required under Rule 45(c) not necessarily the issuing court. See, e.g., Jacobs v. Advanced Dermatology & Skin Cancer Specialists PC, No. MC-23-00032-PHX-DWL, 2023 WL 8185701, at *4 (D. Ariz. Nov. 27, 2023) ("Although Rule 45(a)(2) requires that a Rule 45 subpoena issue from the court where the action is pending (i.e., the issuing court), Rule 45(d)(2)(B)(i) provides that motions to compel compliance with the subpoena must be heard by the district court encompassing the place where compliance is required (i.e., the compliance court)."). (AHH)
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Blank 205 Filed: 7/11/2025, Entered: 7/11/2025 Order on Motion for sanctionsCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [193] Motion for Sanctions. "Rule 11 permits a court to impose sanctions on a party or lawyer for advocating a frivolous position, pursuing an unfounded claim, or filing a lawsuit for some improper purpose." CQ Int'l Co. v. Rochem Int'l, Inc., USA, 659 F.3d 53, 60 (1st Cir. 2011). However, "a Rule 11 motion is not a proper substitute for a dispositive motion and should not be employed... to test the sufficiency or efficacy of allegations in the pleadings; other motions are available for those purposes." Allscripts Healthcare, LLC v. DR/Decision Res., LLC, 495 F. Supp.3d 47, 52 (D. Mass. 2020) (internal quotation marks omitted). Here, although framed as a motion for sanctions, Greenspan actually is asking the Court to adjudicate his claims on the merits. Specifically, he contends that defendant MasMarques' denials of certain factual allegations in the complaint are not "warranted" because the denials are untrue and unsupported. See, e.g., Docket No. [193] at 6, 10-11. That is not grounds for a Rule 11 sanction at this stage. See Allscripts Healthcare, LLC, 495 F. Supp.3d at 52; see also Lichtenstein v. Consolidated Serv. Grp., Inc., 173 F.3d 17, 23 (1st Cir. 1999) ("Courts should, and often do, defer consideration of certain kinds of sanctions motions until the end of [the litigation] to gain a full sense of the case.").Greenspan also contends that sanctions should be awarded because MasMarques, while appearing pro se, cited a fictitious case and refers to his previous pleading at Docket No. [138]. See Docket No. [193] at 11. Judge Casper has already denied a request for sanctions based on that pleading. See Docket No. [150]. I see no reason to reconsider that decision. Finally, this Court cautions the parties that the filing of a frivolous Rule 11 motion maybe in and of itself sanctionable under Rule 11. Foy v. First Nat. Bank of Elkhart, 868 F.2d 251, 258 (7th Cir. 1989) ("A frivolous request for sanctions is itself sanctionable...."). For the reasons stated above, this Court denies Greenspan's motion for sanction. (AHH)
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Blank 204 Filed: 7/11/2025, Entered: 7/11/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [199] Motion for Leave to File Plaintiff's Motion for Leave to File Second Motion to Compel Discovery Responses. On July 8, 2025, this Court granted in part Greenspan's previous motion to compel and directed defendant MasMarques to provide response by July 22, 2025. See Docket No. [200]. (AHH)
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Blank 203 Filed: 7/11/2025, Entered: 7/11/2025 order on motion for miscellaneous reliefCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [194] Motion for Alternative Service. Greenspan requests permission to use alternative service for a Rule 45 subpoena on former defendant Mediolex, Ltd., a Seychelles based company with a mailing address in Latvia. Although she allowed alternative service of a summons pursuant to Rule 4 of the Federal Rules of Civil Procedure, Judge Casper dismissed Mediolex as a defendant for lack of personal jurisdiction. See Docket Nos. [11]; [118] at 22. Rule 45 provides federal courts with robust subpoena powers, but service is generally limited, with certain exceptions, to entities within the United States. Rule 45(b)(2) provides that a subpoena may be served at any place within the United States. Rule 45(b)(3) provides that a subpoena may be served on any national or resident of the United States who is in a foreign country. Fed. R. Civ. Pro. 45(b)(3) (incorporating 28 U.S.C. § 1783). As one court has explained, "[i]n general, this means that the only people who cannot be served under Rule 45 are foreign nationals residing in a foreign country." NML Cap. Ltd. v. Republic of Argentina, No. 2:14-cv-492-RFB-VCF, 2014 WL 3898021, at *9 (D. Nev. Aug. 11, 2014); see also Wright & Miller, 9A Federal Practice § 2462 ("The rule apparently does not provide for service on alien non-residents who are in a foreign country."); SiteLock, LLC v. GoDaddy.com, LLC, 338 F.R.D. 146, 148 (D. Or. 2021) (citation omitted) ("[A] foreign corporation 'is not a United States national or resident and therefore cannot be served with a subpoena under Rule 45.'"); In re Three Arrows Cap., Ltd., 647 B.R. 440, 449 (Bankr. S.D.N.Y. 2022). While Greenspan argues that service of a subpoena should be co-extensive with the means available under Rule 4, this Court rejects that argument and finds persuasive the reasoning in SiteLock. There, the Court relied on other decisions as well as the Advisory Committee Note to the 1993 amendment to Rule 4 that made clear that the rule only applied to "summons" and only that form of legal process. Accordingly, the motion for alternative means of service for a Rule 45 subpoena is denied. (AHH)
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Motion for Leave to File with OCR 202 Filed: 7/10/2025, Entered: 7/10/2025, Terminated: 7/11/2025 Motion for Leave to File
MOTION for Leave to File Motion to Compel X Corp. To Respond To FRCP 45 Subpoena by Aaron Greenspan.(Greenspan, Aaron)
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Opposition to Motion with OCR 201 Filed: 7/10/2025, Entered: 7/10/2025 Opposition to Motion
Opposition re [193] MOTION for Sanctions Pursuant to FRCP 11 Against Defendant Diego MasMarques, Jr. and Counsel filed by Diego MasMarques. (Andrade, Ashley)
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Order on motion to compel with OCR 200 Filed: 7/8/2025, Entered: 7/8/2025 Order on motion to compelCourt Filing
Magistrate Judge Jennifer C. Boal: ORDER entered GRANTING in part and DENYING in part [179] Motion to Compel (AHH)
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Motion for Leave to File with OCR 199 Filed: 7/7/2025, Entered: 7/7/2025, Terminated: 7/11/2025 Motion for Leave to File
MOTION for Leave to File Second Motion to Compel Discovery Responses from Defendant Diego MasMarques, Jr. and Impose Case-Ending Sanctions by Aaron Greenspan.(Greenspan, Aaron)
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Blank 198 Filed: 6/30/2025, Entered: 6/30/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [190] Motion for Leave to File Surreply (AHH)
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Blank 197 Filed: 6/30/2025, Entered: 6/30/2025 terminate hearingsCourt Filing
Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on June 30, 2025 re [179] MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions filed by Aaron Greenspan.The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Aaron Greenspan, pro se. Ashley A. Andrade for Defendant.) (AHH)
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Motion for Leave to File with OCR 196 Filed: 6/26/2025, Entered: 6/26/2025, Terminated: 7/14/2025 Motion for Leave to File
MOTION for Leave to File Declaration In Support Of ECF No. 185 by Aaron Greenspan.(Greenspan, Aaron)
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Reply to Response to motion with OCR 195 Filed: 6/25/2025, Entered: 6/25/2025 Reply to Response to motion
REPLY to Response to [184] MOTION for Leave to File Special Motion to Dismiss Pursuant to the Massachusetts Anti-SLAPP Statute and Rule 12 Motions filed by Diego MasMarques. (Andrade, Ashley)
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Motion for Miscellaneous Relief with OCR 194 Filed: 6/25/2025, Entered: 6/25/2025, Terminated: 7/11/2025 Motion for Miscellaneous Relief
MOTION Alternative Service of FRCP 45 Subpoena on Mediolex, Ltd. by Aaron Greenspan.(Greenspan, Aaron)
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Motion for sanctions with OCR 193 Filed: 6/25/2025, Entered: 6/25/2025, Terminated: 7/11/2025 Motion for sanctions
MOTION for Sanctions Pursuant to FRCP 11 Against Defendant Diego MasMarques, Jr. and Counsel by Aaron Greenspan.(Greenspan, Aaron)
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Blank 192 Filed: 6/25/2025, Entered: 6/25/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [183] Motion for Leave to File Motion for FRCP 11 Sanctions & [188] Motion for Leave to File Motion for Alternative Service of Rule 45 Subpoena Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (AHH)
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Opposition to Motion with OCR 191 Filed: 6/24/2025, Entered: 6/24/2025 Opposition to Motion
Opposition re [190] MOTION for Leave to File SURREPLY IN OPPOSITION TO PLAINTIFFS MOTION TO COMPEL AND PROPOSED SURREPLY filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Leave to File with OCR 190 Filed: 6/23/2025, Entered: 6/23/2025, Terminated: 6/30/2025 Motion for Leave to File
MOTION for Leave to File SURREPLY IN OPPOSITION TO PLAINTIFFS MOTION TO COMPEL AND PROPOSED SURREPLY by Diego MasMarques.(Andrade, Ashley)
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Errata with OCR 189 Filed: 6/23/2025, Entered: 6/23/2025 Errata
Errata by Aaron Greenspan to [182] Reply to Response to Motion,, correcting date of service of Plaintiff's first set of interrogatories (excluding exhibits). (Greenspan, Aaron)
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Motion for Leave to File with OCR 188 Filed: 6/18/2025, Entered: 6/18/2025, Terminated: 6/25/2025 Motion for Leave to File
MOTION for Leave to File Motion for Alternative Service of Rule 45 Subpoena on Mediolex, Ltd. by Aaron Greenspan.(Greenspan, Aaron)
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Response to Court Order with OCR 187 Filed: 6/18/2025, Entered: 6/18/2025 Response to Court Order
RESPONSE TO COURT ORDER by Aaron Greenspan re [186] Order,,, [179] MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions . (Attachments: # (1) Exhibit A: Plaintiff's First Set of Requests for Production of Documents and Things To Defendant Diego MasMarques, Jr. Dated February 12, 2025, # (2) Exhibit B: Undated Document Request Responses from Diego MasMarques Jr. Received April 17, 2025, # (3) Exhibit C: Document Request Responses from Diego MasMarques Jr. Dated May 20, 2025)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Plaintiff's First Set of Requests for Production of Documents and Things To Defendant Diego MasMarques, Jr. Dated February 12, 2025
  • Attachment 2 Exhibit B: Undated Document Request Responses from Diego MasMarques Jr. Received April 17, 2025
  • Attachment 3 Exhibit C: Document Request Responses from Diego MasMarques Jr. Dated May 20, 2025
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Blank 186 Filed: 6/18/2025, Entered: 6/18/2025 OrderCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. Plaintiff Greenspan has moved to compel with respect to both interrogatory requests and requests for production of documents. Docket No. [179]. In order to evaluate properly the motion, this Court needs to review the requests and the answers thereto. In addition, Local Rule 37.1(b)(4) requires the moving party to provide each interrogatory and request for production raising an issue to be decided by the court and the response thereto. In his reply, Greenspan has done so with respect to the interrogatories at issue. See Docket No. [182-1]. However, it does not appear that this Court has the subject requests for production of documents and MasMarques' responses. Greenspan must therefore file those by June 23, 2025. The hearing on June 23, 2025 is postponed to June 30, 2025 at 11:30 a.m. (AHH)
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Opposition to Motion with OCR 185 Filed: 6/14/2025, Entered: 6/14/2025 Opposition to Motion
Opposition re [184] MOTION for Leave to File Special Motion to Dismiss Pursuant to the Massachusetts Anti-SLAPP Statute and Rule 12 Motions filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Leave to File with OCR 184 Filed: 6/12/2025, Entered: 6/12/2025, Terminated: 7/14/2025 Motion for Leave to File
MOTION for Leave to File Special Motion to Dismiss Pursuant to the Massachusetts Anti-SLAPP Statute and Rule 12 Motions by Diego MasMarques.(Andrade, Ashley)
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Motion for Leave to File with OCR 183 Filed: 6/9/2025, Entered: 6/9/2025, Terminated: 6/25/2025 Motion for Leave to File
MOTION for Leave to File Motion for FRCP 11 Sanctions by Aaron Greenspan.(Greenspan, Aaron)
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Reply to Response to motion with OCR 182 Filed: 6/9/2025, Entered: 6/9/2025 Reply to Response to motion
REPLY to Response to [179] MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions filed by Aaron Greenspan. (Attachments: # (1) Exhibit A: Defendant Diego MasMarques, Jr.'s Answers To Interrogatories Dated May 23, 2025, # (2) Exhibit B: Plaintiff's E-Mail to Attorney Ashley Andrade Dated May 24, 2025, # (3) Exhibit C: Defendant Diego MasMarques, Jr.'s Amended Answers To Interrogatories Nos. 5 and 12 Dated May 24, 2025, # (4) Exhibit D: Twitter Password Reset Page for @Giza299792458N Dated May 11, 2021)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Defendant Diego MasMarques, Jr.'s Answers To Interrogatories Dated May 23, 2025
  • Attachment 2 Exhibit B: Plaintiff's E-Mail to Attorney Ashley Andrade Dated May 24, 2025
  • Attachment 3 Exhibit C: Defendant Diego MasMarques, Jr.'s Amended Answers To Interrogatories Nos. 5 and 12 Dated May 24, 2025
  • Attachment 4 Exhibit D: Twitter Password Reset Page for @Giza299792458N Dated May 11, 2021
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Opposition to Motion with OCR 181 Filed: 6/5/2025, Entered: 6/5/2025 Opposition to Motion
Opposition re [179] MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions filed by Diego MasMarques. (Andrade, Ashley)
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Blank 180 Filed: 5/21/2025, Entered: 5/21/2025 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [179] MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions: Motion Hearing set for June 23, 2025 at 11:30 AM in Courtroom 14 (Remote only) before Magistrate Judge Jennifer C. Boal. (AHH)
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Motion to Compel with OCR 179 Filed: 5/21/2025, Entered: 5/21/2025, Terminated: 7/8/2025 Motion to Compel
MOTION to Compel Discovery Responses From Defendant Diego MasMarques, Jr. and Impose Contempt Sanctions by Aaron Greenspan. (Attachments: # (1) Exhibit A: E-Mail Correspondence)(Greenspan, Aaron)
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Amended Answer to Complaint with OCR 178 Filed: 5/17/2025, Entered: 5/17/2025 Amended Answer to Complaint
AMENDED ANSWER to Plaintiff's First Amended Complaint by Diego MasMarques. (Andrade, Ashley)
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Blank 177 Filed: 5/9/2025, Entered: 5/9/2025 Order on motion for extension of timeCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING in part and DENYING in part [175] Motion for Extension of Time. The amended answer is due on May 16, 2025. (AHH)
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MEMORANDUM in Opposition to Motion with OCR 176 Filed: 5/9/2025, Entered: 5/9/2025 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition re [175] MOTION for Extension of Time to May 22, 2025 to File Amended Answer filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Extension of Time with OCR 175 Filed: 5/8/2025, Entered: 5/8/2025, Terminated: 5/9/2025 Motion for Extension of Time
MOTION for Extension of Time to May 22, 2025 to File Amended Answer by Diego MasMarques.(Andrade, Ashley)
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Notice of Appearance with OCR 174 Filed: 5/6/2025, Entered: 5/6/2025 Notice of Appearance
NOTICE of Appearance by Ashley A. Andrade on behalf of Diego MasMarques (Andrade, Ashley)
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Blank 173 Filed: 4/29/2025, Entered: 4/29/2025 Order on Motion to withdraw as attorneyCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [171] Motion to Withdraw as Attorney. Attorney Simon B. Mann terminated. Defendant MasMarques, must, to the extent not already done, serve plaintiff Greenspan with MasMarques' initial disclosures and amended answer by May 8, 2025. He must also, as directed at the April 8, 2025, status conference provide responses to Greenspan's request for documents by May 8, 2025. (AHH)
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Opposition to Motion with OCR 172 Filed: 4/25/2025, Entered: 4/25/2025 Opposition to Motion
Opposition re [171] MOTION to Withdraw as Attorney filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion to withdraw as attorney with OCR 171 Filed: 4/25/2025, Entered: 4/25/2025, Terminated: 4/29/2025 Motion to withdraw as attorney
MOTION to Withdraw as Attorney by Diego MasMarques.(Mann, Simon)
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Scheduling Order with OCR 170 Filed: 4/14/2025, Entered: 4/14/2025 Scheduling OrderCourt Filing
Magistrate Judge Jennifer C. Boal: ORDER entered. SCHEDULING ORDER. (AHH)
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Blank 169 Filed: 4/9/2025, Entered: 4/9/2025 Order on Motion For Leave to File.Court Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING without prejudice [163] Motion for Leave to File Motion to Compel. Plaintiff Greenspan requested permission to file a motion to compel both initial disclosures and responses to requests for production of documents from Defendant MasMarques. At the conference, this Court set dates for MasMarques to comply with both requests. (AHH)
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Blank 168 Filed: 4/9/2025, Entered: 4/9/2025 terminate hearingsCourt Filing
Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing re [163] MOTION for Leave to File Motion To Compel & Scheduling Conference held on April 9, 2025. The Court heard arguments from the parties and took the matter under advisement. The Court reviewed the scheduling plan with the parties and inquired as to their desire for a mediation hearing at this time. The Court adopted the proposed schedule with some modifications. A Scheduling order to be issued. A Status Conference is set for August 6, 2025 at 2:30 PM in Courtroom 14 (Remote only) before Magistrate Judge Jennifer C. Boal. A Status Report is due by August 4, 2025. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to https://forms.mad.uscourts.gov/Audio.html. For a transcript of this proceeding, contact mad_transcripts@mad.uscourts.gov.(Attorneys present: Aaron Greenspan, pro se. Simon B. Mann for Defendant.) (AHH)
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Notice of Appearance with OCR 167 Filed: 4/8/2025, Entered: 4/8/2025 Notice of Appearance
NOTICE of Appearance by Simon B. Mann on behalf of Diego MasMarques (Mann, Simon)
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Notice of Appearance with OCR 166 Filed: 4/8/2025, Entered: 4/8/2025 Notice of Appearance
NOTICE of Appearance by Simon B. Mann on behalf of Diego MasMarques (Mann, Simon)
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Certification pursuant to Local Rule 16.1 with OCR 165 Filed: 4/7/2025, Entered: 4/7/2025 Certification pursuant to Local Rule 16.1
Third CERTIFICATION pursuant to Local Rule 16.1 (Revised Pursuant To Order At ECF No. 162) Detailing Non-Compliance by Diego MasMarques, Jr.. (Greenspan, Aaron)
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Blank 164 Filed: 3/20/2025, Entered: 3/20/2025 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [163] MOTION for Leave to File Motion To Compel: Motion Hearing set for April 9, 2025 at 3:00 PM in Courtroom 14 (Remote only) before Magistrate Judge Jennifer C. Boal. (AHH)
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Motion for Leave to File with OCR 163 Filed: 3/19/2025, Entered: 3/19/2025, Terminated: 4/9/2025 Motion for Leave to File
MOTION for Leave to File Motion To Compel by Aaron Greenspan.(Greenspan, Aaron)
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Blank 162 Filed: 3/3/2025, Entered: 3/3/2025 Order on Motion to continueCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [160] Motion to Continue. The Scheduling Conference is rescheduled to April 9, 2025 at 3:00 PM in Courtroom 14 (Remote only) before Magistrate Judge Jennifer C. Boal.The parties should anticipate that the conference will go forward on that date even if the defendant has not obtained counsel by that time. Any revised proposed schedules must be submitted by April 7. (AHH)
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Blank 161 Filed: 3/3/2025, Entered: 3/3/2025 Order on Motion to withdraw as attorneyCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered GRANTING [159] Motion to Withdraw as Attorney. Attorney Timothy J. Connors terminated. (AHH)
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Motion to Continue with OCR 160 Filed: 3/3/2025, Entered: 3/3/2025, Terminated: 3/3/2025 Motion to Continue
MOTION to Continue Scheduling Conference by Diego MasMarques.(SEC)
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Motion to withdraw as attorney with OCR 159 Filed: 3/3/2025, Entered: 3/3/2025, Terminated: 3/3/2025 Motion to withdraw as attorney
MOTION to Withdraw as Attorney by Timothy Connors.(SEC)
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Certification pursuant to Local Rule 16.1 with OCR 158 Filed: 2/26/2025, Entered: 2/26/2025 Certification pursuant to Local Rule 16.1
Second CERTIFICATION pursuant to Local Rule 16.1 Detailing Non-Compliance by Diego MasMarques, Jr.. (Greenspan, Aaron)
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Proposed Document(s) submitted with OCR 157 Filed: 2/25/2025, Entered: 2/25/2025 Proposed Document(s) submitted
Proposed Document(s) submitted by Diego MasMarques. Document received: Proposed Scheduling Order. (Connors, Timothy)
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Notice of Appearance with OCR 156 Filed: 2/24/2025, Entered: 2/24/2025 Notice of Appearance
NOTICE of Appearance by Timothy J. Connors on behalf of Diego MasMarques (Connors, Timothy)
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Blank 155 Filed: 2/19/2025, Entered: 2/19/2025 Order on Motion to continueCourt Filing
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered DENYING [154] Motion to Continue. The conference which the Court anticipates will last for approximately fifteen minutes will go forward as scheduled on March 5, 2025. At that time, defendant Mas Marques may present issues, if any, regarding the upcoming schedule for the case. The parties must also comply with Judge Casper's order to submit a proposed schedule by February 26, 2025. (AHH)
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Motion to Continue with OCR 154 Filed: 2/18/2025, Entered: 2/18/2025, Terminated: 2/19/2025 Motion to Continue
First MOTION to Continue Proposed Schedule to 5/16/2025 by Diego MasMarques.(MasMarques, Diego)
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Blank 153 Filed: 2/12/2025, Entered: 2/12/2025 Notice of hearingCourt Filing
ELECTRONIC NOTICE of Hearing. Initial Scheduling Conference set for March 5, 2025 at 2:00 PM in Courtroom 14 (Remote only) before Magistrate Judge Jennifer C. Boal. (AHH)
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Blank 152 Filed: 2/12/2025, Entered: 2/12/2025 Order Referring Case to Magistrate JudgeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Full Pretrial, No Dispositive Motions (ptn). (LMH)
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Blank 151 Filed: 2/12/2025, Entered: 2/12/2025 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court orders each of the parties to file a proposed schedule for the remainder of this case (for discovery, any motions for summary judgment and/or trial). Each party shall file a proposed schedule by February 26, 2025. Although the Court is not requiring a joint statement to be filed, each of the parties' submission should address the topics under D. Mass. L.R. 16.1(d) and shall not exceed five (5) pages.(LMH)
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Blank 150 Filed: 2/12/2025, Entered: 2/12/2025 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [137] Motion for Leave to File Counterclaim. Having reviewed Defendant Mr. Mas Marques’ motion for leave to file a counterclaim, D. 137, and Plaintiff Mr. Greenspan’s opposition to same, D. 138, the Court DENIES the motion. The motion does not provide sufficient, factual basis for the proposed claim and, as Plaintiff points out, the case name and case citation cited by Defendant do not match and no case with either this case name, case citation or the Westlaw cite appear to address the standard for a “vexatious litigant” in the motion signed and filed by Defendant as he claims it does. D. 137 at 2. For at least these reasons, the Court DENIES the motion. Although Plaintiff seeks to have this Court enter sanctions against Defendant for this filing, D. 138, the Court does not do so at this juncture but notes its authority to impose such sanctions. See Hoover v. Gershman Inv. Corp., 774 F. Supp. 60, 65 (D. Mass. 1991) (noting that “[w]hile pro se pleadings are viewed less stringently, courts and Rule 11 itself indicate that the Rule applies to represented and pro se parties alike”); Fed. R. Civ. P. 11(b) (providing that “[b]y presenting to the court a... written motion,... [an] unrepresented party certifies that to the best of the person’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances:... (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law”). (LMH)
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Blank 149 Filed: 2/12/2025, Entered: 2/12/2025 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [145] Motion for Clerk's Entry of Default Against Defendant Diego MasMarques, Jr. by Aaron Greenspan. In light of the Court's ruling today on D. 144 in which the Court declined to strike Defendants answer in its entirety, D. 143 (filed on July 8, 2024 before the deadline the Court set in D. 135), the Court DENIES Plaintiff's motion for leave to file a motion for default against Defendant. (LMH)
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Blank 148 Filed: 2/12/2025, Entered: 2/12/2025 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [144] Motion for Leave Strike Defendant's Answer. Plaintiff’s motion to strike Defendant’s answer is ALLOWED only to the following extent. The Court will not strike the answer in its entirety, but does, pursuant to Fed. R. Civ. P. 12(f) (providing that the Court on its own or upon a party’s motion, “may strike... any redundant, immaterial, impertinent or scandalous matter”) strike certain portions of the answer that are not responsive to the allegations (and, therefore, immaterial as to the answer) and/or redundant. Accordingly, the Court strikes ¶ 10 (after the first paragraph of ¶ 10 on page 5 which shall remain, the remaining paragraphs through page 11 are struck); ¶ 11 (after the first two paragraphs of ¶ 11 on page 11 which shall remain, the remaining paragraphs of ¶11 that run through page 22 are struck); ¶ 20 (after the first paragraph of ¶ 20 which shall remain, the remaining paragraphs of ¶ 20 are struck); ¶ 21 (after the first paragraph of ¶ 21 which shall remain, the remaining paragraphs of ¶ 21 are struck); and ¶ 85 (after the first two paragraphs of ¶ 85 which shall remain, the remaining paragraphs of ¶ 85 are struck). The Court otherwise DENIES Plaintiff’s motion and Defendant’s answer, D. 143, shall otherwise stand. (LMH)
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Blank 147 Filed: 2/12/2025, Entered: 2/12/2025 Order on motion to appoint counselCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [140] Motion to Appoint Counsel. Defendant’s motion for the appointment of counsel is DENIED. It is well established that there is “no constitutional right to counsel in civil cases.” Cookish v. Cunningham, 787 F.2d 1, 2 (1st Cir. 1986). Accordingly, for such appointment, a party must be indigent and there must be a finding that “exceptional circumstances were present such that denial of counsel was likely to result in fundamental unfairness impinging on his due process rights.” See DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). There has been no showing that Defendant is indigent. Even if there had been such a showing, the Court does not conclude, based “on the merits of the case, the complexity of the legal issues, and the litigant’s ability to represent himself,” Hoag v. Hall, 128 F. Supp. 3d 412, 414 (D. Mass. 2015), that such exceptional circumstances exist here. Accordingly, the motion for appointment of counsel is DENIED. (LMH)
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Blank 146 Filed: 2/12/2025, Entered: 2/12/2025 Order on Motion for orderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [139] Motion for Order to Unseal Document ECF 28 and ECF 34. Defendant Mr. Mas Marques has moved to "unseal" D. 28 and D. 34. As Defendant is aware from the Court's prior rulings, D. 28 and D. 34, both filings by him, were struck by the Court on Plaintiffs' motions and for the reasons previously explained by the Court, D. 41 (striking D. 28); D. 77 (striking D. 34). Accordingly, the Court takes Defendant's motion as a motion to reconsider those rulings and having considered the substance of that motion, D. 139, and Plaintiff's opposition to same, D. 141, the Court DENIES the motion and D. 28 and D. 34 will remain struck. (LMH)
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Motion for Leave to File with OCR 145 Filed: 7/11/2024, Entered: 7/11/2024, Terminated: 2/12/2025 Motion for Leave to File
MOTION for Leave to File Motion for Clerk's Entry of Default Against Defendant Diego MasMarques, Jr. by Aaron Greenspan.(Greenspan, Aaron)
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Motion for Leave to File with OCR 144 Filed: 7/8/2024, Entered: 7/8/2024, Terminated: 2/12/2025 Motion for Leave to File
MOTION for Leave to File Motion to Strike ECF No. 143 by Aaron Greenspan.(Greenspan, Aaron)
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Answer to Complaint with OCR 143 Filed: 7/8/2024, Entered: 7/8/2024 Answer to Complaint
ANSWER to [1] Complaint,, with Jury Demand by Diego MasMarques.(MasMarques, Diego)
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Opposition to Motion with OCR 142 Filed: 6/24/2024, Entered: 6/24/2024 Opposition to Motion
Opposition re [140] First MOTION to Appoint Counsel filed by Aaron Greenspan. (Greenspan, Aaron)
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Opposition to Motion with OCR 141 Filed: 6/24/2024, Entered: 6/24/2024 Opposition to Motion
Opposition re [139] First MOTION for Order First MOTION to Unseal Document ECF 28 and ECF 34 filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion to Appoint Counsel with OCR 140 Filed: 6/24/2024, Entered: 6/24/2024, Terminated: 2/12/2025 Motion to Appoint Counsel
First MOTION to Appoint Counsel by Diego MasMarques.(MasMarques, Diego)
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Motion for order with OCR 139 Filed: 6/20/2024, Entered: 6/20/2024, Terminated: 2/12/2025 Motion for order
First MOTION for Order , First MOTION to Unseal Document ECF 28 and ECF 34 ( Responses due by 7/5/2024) by Diego MasMarques.(MasMarques, Diego)
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Opposition to Motion with OCR 138 Filed: 6/17/2024, Entered: 6/17/2024 Opposition to Motion
Opposition re [137] First MOTION for Leave to File Counterclaim filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Leave to File with OCR 137 Filed: 6/13/2024, Entered: 6/13/2024, Terminated: 2/12/2025 Motion for Leave to File
First MOTION for Leave to File Counterclaim by Diego MasMarques.(MasMarques, Diego)
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Blank 136 Filed: 6/12/2024, Entered: 6/12/2024 Notice Cancelling Hearing
ELECTRONIC NOTICE Canceling Hearing. In light of D. 135, the scheduling conference set for 6/17/24 is canceled. (Hourihan, Lisa)
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Blank 135 Filed: 6/12/2024, Entered: 6/12/2024 Order on Motion for orderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [129] Motion for Order to Continue Scheduling Conference. Defendant's motion to continue the initial scheduling conference, D. 129, which is opposed by Plaintiff, D. 130, is DENIED. The Court, however, continues the 6/17/24 initial scheduling conference because Defendant still has not filed an answer to the operative complaint. Given the Court's rulings today, the Court gives Defendant until July 10, 2024 to do so. Such answer shall be in a form and substance that complies with the Federal Rules of Civil Procedure and Local Rules. The Court does not anticipate any extensions of this deadline and the failure to do by this deadline will likely result in the entry of default. The Court anticipates rescheduling the initial scheduling conference, if needed, after the filing of an answer. (Hourihan, Lisa)
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Blank 134 Filed: 6/12/2024, Entered: 6/12/2024 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [126] Motion for Leave to File Motion for Clerk's Entry of Default Against Defendant Diego MasMarques, Jr. by Aaron Greenspan. Plaintiff's motion for default against Defendant is DENIED without prejudice to renewal. (Hourihan, Lisa)
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Blank 133 Filed: 6/12/2024, Entered: 6/12/2024 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying [127] Motion for Leave to File Motion for Certification Pursuant to FRCP 54(b) and Extension of Time To File Notice of Appeal by Aaron Greenspan. (Hourihan, Lisa)
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Blank 132 Filed: 6/12/2024, Entered: 6/12/2024 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [125] Motion for Leave to File Motion for Reconsideration. The Court DENIES Defendant's motion for reconsideration, D. 125, given the lack of articulation of the legal or factual basis for same in the motion. (Hourihan, Lisa)
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Blank 131 Filed: 6/12/2024, Entered: 6/12/2024 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [121] Motion for Leave to File Motion for Reconsideration; [122] Motion for Leave to File Request for Judicial Notice. Having considered the reasons articulated in the motion for leave to file a motion for reconsideration, D. 121, the Court DENIES the motion. Relatedly, the Court DENIES Plaintiff's motion for judicial notice, D. 122, which relates to the motion for leave to file a motion for reconsideration. (Hourihan, Lisa)
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Opposition to Motion with OCR 130 Filed: 6/3/2024, Entered: 6/3/2024 Opposition to Motion
Opposition re [129] Second MOTION for Order to Motion to Continue Scheduling Conference filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for order with OCR 129 Filed: 6/1/2024, Entered: 6/1/2024, Terminated: 6/12/2024 Motion for order
Second MOTION for Order to Motion to Continue Scheduling Conference by Diego MasMarques.(MasMarques, Diego)
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Blank 128 Filed: 4/22/2024, Entered: 4/22/2024 Order on Motion to continueCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [124] Motion to Continue. Scheduling Conference set for 6/17/2024 03:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa)
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Motion for Leave to File with OCR 127 Filed: 4/18/2024, Entered: 4/18/2024, Terminated: 6/12/2024 Motion for Leave to File
MOTION for Leave to File Motion for Certification Pursuant to FRCP 54(b) and Extension of Time To File Notice of Appeal by Aaron Greenspan.(Greenspan, Aaron)
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Motion for Leave to File with OCR 126 Filed: 4/15/2024, Entered: 4/15/2024, Terminated: 6/12/2024 Motion for Leave to File
MOTION for Leave to File Motion for Clerk's Entry of Default Against Defendant Diego MasMarques, Jr. by Aaron Greenspan.(Greenspan, Aaron)
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Motion for Leave to File with OCR 125 Filed: 4/15/2024, Entered: 4/15/2024, Terminated: 6/12/2024 Motion for Leave to File
MOTION for Leave to file Motion for Reconsideration by Diego MasMarques.(MasMarques, Diego) Modified event type used and docket text on 4/16/2024 (Cook, Savannah).
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Motion to Continue with OCR 124 Filed: 4/4/2024, Entered: 4/4/2024, Terminated: 4/22/2024 Motion to Continue
First MOTION to Continue by Diego MasMarques.(MasMarques, Diego)
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Certification pursuant to Local Rule 16.1 with OCR 123 Filed: 4/2/2024, Entered: 4/2/2024 Certification pursuant to Local Rule 16.1
CERTIFICATION pursuant to Local Rule 16.1 Detailing Non-Compliance by Diego MasMarques, Jr.. (Attachments: # (1) Exhibit A: Relevant E-Mail Correspondence with Diego MasMarques, Jr., # (2) Exhibit B: Case No. 1:23-cv-10134-DJC Service Expenses for Diego MasMarques, Jr.)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Relevant E-Mail Correspondence with Diego MasMarques, Jr
  • Attachment 2 Exhibit B: Case No. 1:23-cv-10134-DJC Service Expenses for Diego MasMarques, Jr.
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Motion for Leave to File with OCR 122 Filed: 3/31/2024, Entered: 3/31/2024, Terminated: 6/12/2024 Motion for Leave to File
MOTION for Leave to File Request for Judicial Notice by Aaron Greenspan.(Greenspan, Aaron)
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Motion for Leave to File with OCR 121 Filed: 3/26/2024, Entered: 3/26/2024, Terminated: 6/12/2024 Motion for Leave to File
MOTION for Leave to File Motion for Reconsideration by Aaron Greenspan.(Greenspan, Aaron)
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Order with OCR 120 Filed: 3/25/2024, Entered: 3/25/2024 OrderCourt Filing
Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference (Hourihan, Lisa)
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Notice of Scheduling Conference with OCR 119 Filed: 3/25/2024, Entered: 3/25/2024 Notice of Scheduling ConferenceCourt Filing
NOTICE of Scheduling Conference. Scheduling Conference set for 4/22/2024 03:30 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. The remaining parties are advised that other than the filing of the joint statement ordered to be filed in this Order, the parties are not permitted to file any other papers in this matter without first seeking leave of Court. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa)
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Memorandum & ORDER with OCR 118 Filed: 3/25/2024, Entered: 3/25/2024 Memorandum & ORDERCourt Filing
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES MasMarques's motion to dismiss, D. 66, as to Counts I (libel), IV (abuse of process), V (malicious prosecution), XIII (false light invasion of privacy) and XIV (intentional infliction of emotional distress). As noted above, Count XII (civil conspiracy) also survives against MasMarques. The Court ALLOWS MasMarques's motion to dismiss, D. 66, as to Count II (civil harassment under the state statute) and Count III (tortious interference). The Court further ALLOWS the Complaints Board Defendants' motion to dismiss, D. 95, as to all counts. Finally, the Court DENIES Greenspan's motion for leave to file a second amended complaint. D. 102. (Hourihan, Lisa)
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Notice of Withdrawal of Appearance with OCR 117 Filed: 2/13/2024, Entered: 2/13/2024 Notice of Withdrawal of Appearance
NOTICE of Withdrawal of Appearance by Stesha A. Emmanuel (Emmanuel, Stesha)
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Opposition to Motion with OCR 116 Filed: 2/8/2024, Entered: 2/8/2024 Opposition to Motion
Opposition re [115] MOTION to Withdraw as Attorney filed by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan)(Greenspan, Aaron)
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Motion to withdraw as attorney with OCR 115 Filed: 2/7/2024, Entered: 2/7/2024, Terminated: 3/25/2024 Motion to withdraw as attorney
MOTION to Withdraw as Attorney by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd.(Ingle, Christopher)
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Motion for Leave to File with OCR 114 Filed: 1/12/2024, Entered: 1/12/2024, Terminated: 3/25/2024 Motion for Leave to File
MOTION for Leave to File Notice of Supplemental Authority and Motion for Sanctions by Aaron Greenspan.(Greenspan, Aaron)
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Blank 113 Filed: 12/7/2023, Entered: 12/7/2023 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina)
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transcript with OCR 112 Filed: 12/7/2023, Entered: 12/7/2023 transcriptCourt Filing
Transcript of Motion Hearing held on October 26, 2023, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com. Redaction Request due 12/28/2023. Redacted Transcript Deadline set for 1/8/2024. Release of Transcript Restriction set for 3/6/2024. (McDonagh, Christina) (Main Document 112 replaced on 2/7/2024) (McDonagh, Christina). (Main Document 112 replaced on 2/13/2024) (McDonagh, Christina).
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Motion for Leave to File with OCR 111 Filed: 10/27/2023, Entered: 10/27/2023, Terminated: 3/25/2024 Motion for Leave to File
MOTION for Leave to File Request for Judicial Notice by Aaron Greenspan.(Greenspan, Aaron)
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Blank 110 Filed: 10/26/2023, Entered: 10/27/2023 Order on Motion to DismissCourt Filing
Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 10/26/2023 re [66] MOTION to Dismiss filed by Diego MasMarques, [95] MOTION to Dismiss filed by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. Arguments. Court takes under advisement [66] Motion to Dismiss; takes under advisement [95] Motion to Dismiss. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Aaron Greenspan pro se plaintiff. Christopher Ingle, Stesha Emmanuel and Diego MasMarques pro se defendant for the defendants.) (Hourihan, Lisa)
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Reply to Response to motion with OCR 109 Filed: 10/24/2023, Entered: 10/24/2023 Reply to Response to motion
REPLY to Response to [95] MOTION to Dismiss filed by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. (Attachments: # (1) Exhibit Standing Order re General Motion Practice, # (2) Exhibit Alves v Goodyear Tire and Rubber Company)(Ingle, Christopher)
  • Attachment 1 Exhibit Standing Order re General Motion Practice
  • Attachment 2 Exhibit Alves v Goodyear Tire and Rubber Company
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Opposition to Motion with OCR 108 Filed: 10/17/2023, Entered: 10/17/2023 Opposition to Motion
Opposition re [95] MOTION to Dismiss filed by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan, # (2) [Proposed] Second Amended Complaint, # (3) [Proposed] Second Amended Complaint Exhibit H, # (4) [Proposed] Second Amended Complaint Exhibit I, # (5) [Proposed] Second Amended Complaint Exhibit J, # (6) Redlined Changes From First Amended Complaint)(Greenspan, Aaron)
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Certificate of Service pursuant to LR 5.2 with OCR 107 Filed: 10/17/2023, Entered: 10/17/2023 Certificate of Service pursuant to LR 5.2
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Aaron Greenspan re [79] Summons Issued, [54] Amended Complaint,, (Amended). (Greenspan, Aaron)
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Blank 106 Filed: 10/16/2023, Entered: 10/16/2023 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [104] MOTION for Leave to File Motion For Leave To File Sur-Reply - Plaintiff's request to file a surreply to the motion of counsel to appear pro hac vice is DENIED. (Currie, Haley)
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Blank 105 Filed: 10/16/2023, Entered: 10/16/2023 Order on Motion for Leave to AppearCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [86] Motion for Leave to Appear Pro Hac Vice Added Christopher B. Ingle - Having considered the motion to appear pro hac vice, D. 86-87, Plaintiffs opposition, D. 89 and the movant's reply, D. 103, the Court ALLOWS the motion. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley)
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Motion for Leave to File with OCR 104 Filed: 10/10/2023, Entered: 10/10/2023, Terminated: 10/16/2023 Motion for Leave to File
MOTION for Leave to File Motion For Leave To File Sur-Reply by Aaron Greenspan.(Greenspan, Aaron)
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Reply to Response to motion with OCR 103 Filed: 10/9/2023, Entered: 10/9/2023 Reply to Response to motion
REPLY to Response to [86] MOTION for Leave to Appear Pro Hac Vice for admission of Christopher B. Ingle Filing fee: $ 125, receipt number AMADC-10055228 filed by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. (Attachments: # (1) Exhibit Exhibit A - First Supp Discl)(Ingle, Christopher)
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Motion for Leave to File with OCR 102 Filed: 10/4/2023, Entered: 10/4/2023, Terminated: 3/25/2024 Motion for Leave to File
MOTION for Leave to File Motion for Leave to File Second Amended Complaint by Aaron Greenspan.(Greenspan, Aaron)
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Blank 101 Filed: 10/4/2023, Entered: 10/4/2023 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [95] MOTION to Dismiss Motion Hearing set for 10/26/2023 03:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa)
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Blank 100 Filed: 10/4/2023, Entered: 10/4/2023 Order on Motion for Entry of DefaultCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [93] Motion for Entry of Default and [94] Motion for Default Judgment. In light of the Court's allowance of D. 90 to extend the time for Defendants to respond to the amended pleading to 10/3/2023 and the filing of Defendants' motion to dismiss on October 3, 2023, D. 95, the Court DENIES Plaintiff's motion for default and default judgment. (Hourihan, Lisa)
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Blank 99 Filed: 10/4/2023, Entered: 10/4/2023 Order on Motion for extension of time to answerCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [90] [90] MOTION for Extension of Time to October 3, 2023 to File Answer. Having considered the motion, D. 90, and Plaintiff's opposition, D. 91, the Court ALLOWS Defendants Igorevich (Kudriavtsev), Mediolex and Astrad's motion to extend the deadline to respond to the amended complaint to October 3, 2023 nunc pro tunc. (Hourihan, Lisa)
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Blank 98 Filed: 10/4/2023, Entered: 10/4/2023 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [86] MOTION for Leave to Appear Pro Hac Vice for admission of Christopher B. Ingle Filing fee: $ 125, receipt number AMADC-10055228 filed by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd.The Court is in receipt of the motion to admit Attorney Ingle pro hac vice, D. 86-87 and Plaintiff's opposition, D. 89, and the motion remains under consideration. The Court allows Attorney Ingle until 10/11/2023 to respond to Plaintiff's opposition. (Hourihan, Lisa)
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Blank 97 Filed: 10/4/2023, Entered: 10/4/2023 Order on Motion For Leave to File.Court Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [83] [84] Motion for Leave to File MOTION TO OPPOSE PLAINTIFF TO APPEAR VIA ZOOM (OR SIMILAR) TELECONFERENCE. by Diego MasMarques. Given the Court's ruling on D. 82, the Court DENIES leave to file opposition to same as moot. (Hourihan, Lisa)
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Blank 96 Filed: 10/4/2023, Entered: 10/4/2023 order on motion for miscellaneous reliefCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [82] Motion To Appear Via Zoom (Or Similar) Teleconference At October 26, 2023 Hearing by Aaron Greenspan. Having considered the motion by Plaintiff Mr. Greenspan to appear by Zoom for the motion hearing scheduled for 10/26/23, the Court DENIES this motion. The hearing, as originally noticed, D. 76, shall go forward in person and will concern D. 66 and the newly filed Motion to Dismiss (which will be ripe before the hearing as any opposition is due to be filed by 10/17/23). (Hourihan, Lisa)
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Motion to Dismiss with OCR 95 Filed: 10/3/2023, Entered: 10/3/2023, Terminated: 3/25/2024 Motion to Dismiss
MOTION to Dismiss by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. (Attachments: # (1) Exhibit Exhibit A - Terms of Use)(Ingle, Christopher)
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Motion for Default Judgment with OCR 94 Filed: 9/29/2023, Entered: 9/29/2023, Terminated: 10/4/2023 Motion for Default Judgment
MOTION for Default Judgment as to Mediolex, Ltd. by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan, # (2) [Proposed] Default Judgment)(Greenspan, Aaron)
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Motion for Entry of Default with OCR 93 Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 10/4/2023 Motion for Entry of Default
MOTION for Entry of Default Against Defendants Sergei Igorevich Kudriavtsev and Astrad, Ltd. by Aaron Greenspan.(Greenspan, Aaron)
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Certificate of Service pursuant to LR 5.2 with OCR 92 Filed: 9/27/2023, Entered: 9/27/2023 Certificate of Service pursuant to LR 5.2
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Aaron Greenspan re [79] Summons Issued, [54] Amended Complaint,, . (Greenspan, Aaron)
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Opposition to Motion with OCR 91 Filed: 9/26/2023, Entered: 9/26/2023 Opposition to Motion
Opposition re [90] MOTION for Extension of Time to October 3, 2023 to File Answer re [75] Order on Motion for Entry of Default,,,, filed by Aaron Greenspan. (Attachments: # (1) Exhibit A: August 9, 2023 E-Mail To ComplaintsBoard Defendants, # (2) Exhibit B: September 21, 2023 Twitter Post Citing ComplaintsBoard By Diego MasMarques, Jr.)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: August 9, 2023 E-Mail To ComplaintsBoard Defendants
  • Attachment 2 Exhibit B: September 21, 2023 Twitter Post Citing ComplaintsBoard By Diego MasMarques, Jr.
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Motion for Extension of Time to File Answer with OCR 90 Filed: 9/26/2023, Entered: 9/26/2023, Terminated: 10/4/2023 Motion for Extension of Time to File Answer
MOTION for Extension of Time to October 3, 2023 to File Answer re [75] Order on Motion for Entry of Default,,,, by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd.(Emmanuel, Stesha)
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Opposition to Motion with OCR 89 Filed: 9/26/2023, Entered: 9/26/2023 Opposition to Motion
Opposition re [86] MOTION for Leave to Appear Pro Hac Vice for admission of Christopher B. Ingle Filing fee: $ 125, receipt number AMADC-10055228 filed by Aaron Greenspan. (Attachments: # (1) Exhibit A: False Declaration of "Mark Schultz" Filed By Attorney Christopher Ingle, # (2) Exhibit B: Admission That "Mark Schultz" Is Sergei Igorevich Kudriavtsev)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: False Declaration of "Mark Schultz" Filed By Attorney Christopher Ingle
  • Attachment 2 Exhibit B: Admission That "Mark Schultz" Is Sergei Igorevich Kudriavtsev
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Proposed Document(s) submitted with OCR 88 Filed: 9/26/2023, Entered: 9/26/2023 Proposed Document(s) submitted
Proposed Document(s) submitted by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. Document received: Proposed Order. (Emmanuel, Stesha)
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Affidavit with OCR 87 Filed: 9/26/2023, Entered: 9/26/2023 Affidavit
AFFIDAVIT re [86] MOTION for Leave to Appear Pro Hac Vice for admission of Christopher B. Ingle Filing fee: $ 125, receipt number AMADC-10055228 by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd. (Emmanuel, Stesha)
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Motion for Leave to Appear Pro Hac Vice with OCR 86 Filed: 9/26/2023, Entered: 9/26/2023, Terminated: 10/16/2023 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Christopher B. Ingle Filing fee: $ 125, receipt number AMADC-10055228 by Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd.(Emmanuel, Stesha)
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Notice of Appearance with OCR 85 Filed: 9/26/2023, Entered: 9/26/2023 Notice of Appearance
NOTICE of Appearance by Stesha A. Emmanuel on behalf of Astrad Ltd., Sergei Igorevich Kudriavtsev, Mediolex, Ltd (Emmanuel, Stesha)
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Motion for Leave to File with OCR 84 Filed: 9/20/2023, Entered: 9/20/2023, Terminated: 10/4/2023 Motion for Leave to File
MOTION for Leave to File MOTION TO OPPOSE PLAINTIFF TO APPEAR VIA ZOOM (OR SIMILAR) TELECONFERENCE by Diego MasMarques.(MasMarques, Diego)
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Motion for Leave to File with OCR 83 Filed: 9/14/2023, Entered: 9/14/2023, Terminated: 10/4/2023 Motion for Leave to File
MOTION for Leave to File MOTION TO OPPOSE PLAINTIFF TO APPEAR VIA ZOOM (OR SIMILAR) TELECONFERENCE. by Diego MasMarques.(MasMarques, Diego)
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Motion for Miscellaneous Relief with OCR 82 Filed: 9/8/2023, Entered: 9/8/2023, Terminated: 10/4/2023 Motion for Miscellaneous Relief
MOTION To Appear Via Zoom (Or Similar) Teleconference At October 26, 2023 Hearing by Aaron Greenspan.(Greenspan, Aaron)
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Blank 81 Filed: 9/8/2023, Entered: 9/8/2023 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [80] MOTION for Leave to File Motion To Appear Via Zoom (Or Similar) Teleconference At October 26, 2023 Hearing filed by Aaron Greenspan. Although the Court has long since returned to in-person proceedings for motion hearings, the Court ALLOWS leave for Plaintiff to file a motion, not exceed three pages, why the Court should consider allowing this matter to proceed via remote means. (Hourihan, Lisa)
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Motion for Leave to File with OCR 80 Filed: 9/6/2023, Entered: 9/6/2023, Terminated: 9/8/2023 Motion for Leave to File
MOTION for Leave to File Motion To Appear Via Zoom (Or Similar) Teleconference At October 26, 2023 Hearing by Aaron Greenspan.(Greenspan, Aaron)
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Summons issued with OCR 79 Filed: 9/5/2023, Entered: 9/5/2023 Summons issued
Summons Issued as to Astrad Ltd.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley)
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Blank 78 Filed: 9/5/2023, Entered: 9/5/2023 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. Given the pattern of filings in this case by both Plaintiff Greenspan and Defendant MasMarques, the Court ORDERS as follows. Until the Court resolves MasMarques's motion to dismiss the amended complaint, D. 66, neither Greenspan nor MasMarques may make any other filing in this case without first seeking and receiving leave of Court to do so. Such motion to leave shall not exceed five pages, shall comply with L.R. 7.1 and shall not attach any exhibits. The only exception to this is that Greenspan may file a motion for default judgment as to Mediolex by September 30, 2023 as this Court has now allowed and, if Defendant Kudriavtsev files (or fails to file) an answer by the September 26, 2023 deadline now set by the Court, Greenspan may file a motion or response in regard to same. (Currie, Haley)
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Blank 77 Filed: 9/5/2023, Entered: 9/5/2023 order on motion to strikeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [46] MOTION to Strike [34] Declaration, and All Further Similar Filings, D. [64] MOTION to Strike and Seal ECF No. 21 re 21 MOTION to Strike 20 MOTION to Vacate, 19 MOTION to Vacate - Plaintiff Greenspan's motion, D. 46, to strike D. 34, Defendant MasMarques's affidavit, is ALLOWED for reasons similar to those articulated in D. 41, striking D. 28, an earlier affidavit filed by MasMarques. MasMarques's recent motion, D. 64, to strike Greenspan's earlier motion to strike, D. 21 (which was denied by the Court, D. 38), is DENIED. (Currie, Haley)
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Blank 76 Filed: 9/5/2023, Entered: 9/5/2023 Notice of hearing on motionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [66] MOTION to Dismiss - Motion Hearing set for 10/26/2023 03:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Currie, Haley)
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Blank 75 Filed: 9/5/2023, Entered: 9/5/2023 Order on Motion for Entry of DefaultCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [56] ANSWER to 1 Complaint, D. [69] MOTION for Entry of Default Against Defendant Sergei Igorevich Kudriavtsev - The Court has allowed the filing of Plaintiff's amended complaint, D. 27, 54, which is now the operative complaint to which Defendant Kudriavtsev must now respond. Although Defendant Kudriavtsev is proceeding pro se (as are the other individual parties in the case), his filings must still comply with the Rules of Civil Procedure. Accordingly, his answer must comply with Fed. R. Civ. P 8(b) (admitting or denying, in whole or part each of the factual allegations in the amended complaint and stating his defenses) or any other responsive motion must comply with Rule 12 and L.R. 7.1. Accordingly, the Court gives Kudriavtsev until September 26, 2023 to file an answer or other responsive pleading to the amended complaint, D. 54. Failure to do so by this time will likely result in the entry of default against him. In light of this ruling, the Court DENIES Plaintiff's motion for entry of default against Kudriavtsev without prejudice. (Currie, Haley)
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Blank 74 Filed: 9/5/2023, Entered: 9/5/2023 Order on Motion for leave to electronically file Pro SeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D, [63] MOTION for Leave to file electronically Pro Se - Defendant MasMarques's motion to file electronically is ALLOWED. 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 https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions 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. Please email tracy_mclaughlin@mad.uscourts.gov. (Currie, Haley)
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Blank 73 Filed: 9/5/2023, Entered: 9/5/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [53] Third MOTION for Extension of Time to September 30, 2023 to File Potential Motion(s) for Default Judgment - Plaintiff Greenspan's motion for extension of time until September 30, 2023 to file a motion for default judgment is ALLOWED only to the extent that such extension is granted as to any motion against Defendant Mediolex. The Court otherwise DENIES the motion. (Currie, Haley)
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Blank 72 Filed: 9/5/2023, Entered: 9/5/2023 Order on Motion for Entry of DefaultCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [51] MOTION for Entry of Default - Plaintiff Greenspan's motion for entry of default against Defendants MasMarques and Defendant Igorevich Kudriavtsev is DENIED in light of the Court's contemporaneous rulings today in regarding to MasMarques's now pending motion ot dismiss (filed August 21, 2023 after the Court gave MasMarques until September 1, 2023 to file same, D. 52), D. 66, and the Court's Order regarding Kudriavtsev's answer, D. 56 (filed on July 26, 2023). (Currie, Haley)
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Blank 71 Filed: 9/5/2023, Entered: 9/5/2023 Order on Motion to AmendCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [27] MOTION to Amend and for Alternative Service on New Foreign Defendant Astrad, Ltd., D. [54] AMENDED COMPLAINT - The Court ALLOWS Plaintiff Greenspan's motion to amend the complaint, D. 27, and the operative complaint is now D. 54. (Currie, Haley)
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Blank 70 Filed: 9/5/2023, Entered: 9/5/2023 Order on Motion for TROCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [3] MOTION for Temporary Restraining Order, D. [57] Emergency MOTION for Temporary Restraining Order Against Defendant Diego MasMarques, Jr., D. [58] MOTION for Temporary Restraining Order against Plaintiff Aaron Jacob Greenspan - The Court is now in receipt of cross motions for preliminary injunctive relief by Plaintiff Mr. Greenspan (“Greenspan”) against Defendants, D. 3, 57, and Defendant Mr. MasMarques (“MasMarques”), D. 58, and the supporting filings regarding same. As to each of the motions, the Court has considered whether the respective movant has borne his burden to warrant the “‘extraordinary and drastic remedy’” of preliminary injunctive relief. Voice of the Arab World, Inc. v. MDTV Med. News Now, Inc., 645 F.3d 26, 32 (1st Cir. 2011) (quoting Munaf v. Geren, 553 U.S. 674, 689–90 (2008)). For such relief to be warranted, the Court must consider: (1) the movant’s likelihood of success on the merits; (2) the likelihood of the movant suffering irreparable harm; (3) the balance of equities between the parties; and (4) whether granting the injunction is in the public interest. Corp. Techs., Inc. v. Harnett, 731 F.3d 6, 9 (1st Cir. 2013). Although there is great vitriol between the parties (who, apparently, HAVE been opponents in other court proceedings) and there are allegations of harassment and wrongdoing on either side, the Court cannot conclude, on the present record that Greenspan has a reasonable likelihood of success of his various claims against Defendants (the Court reserves on whether Greenspan has satisfied the lower plausibility standard as to these claims when it considers MasMarques’s now pending motion to dismiss under Fed. R. Civ. 12(b)(6), D. 66). Even if this Court were to conclude that either party would suffer irreparable harm in the absence of the injunctive relief that they seek, neither the balance of equities between them or the public interest warrants the imposition of injunctive relief at this juncture. For all of these reasons, the Court DENIES D. 3, 57, and 58. (Currie, Haley)
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Motion for Entry of Default with OCR 69 Filed: 8/29/2023, Entered: 8/29/2023, Terminated: 9/5/2023 Motion for Entry of Default
MOTION for Entry of Default Against Defendant Sergei Igorevich Kudriavtsev by Aaron Greenspan.(Greenspan, Aaron)
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Opposition to Motion with OCR 68 Filed: 8/29/2023, Entered: 8/29/2023 Opposition to Motion
Opposition re [66] MOTION to Dismiss filed by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan)(Greenspan, Aaron)
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memorandum in support of motion with OCR 67 Filed: 8/21/2023, Entered: 8/21/2023 memorandum in support of motion
MEMORANDUM in Support re [66] MOTION to Dismiss filed by Diego MasMarques. (Dore, Samantha) (Main Document 67 replaced on 8/22/2023) (Dore, Samantha).
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Motion to Dismiss with OCR 66 Filed: 8/21/2023, Entered: 8/21/2023, Terminated: 3/25/2024 Motion to Dismiss
MOTION to Dismiss by Diego MasMarques.(Dore, Samantha)
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Opposition to Motion with OCR 65 Filed: 8/16/2023, Entered: 8/16/2023 Opposition to Motion
Opposition re [64] MOTION to Strike and Seal ECF No. 21 re [21] MOTION to Strike [20] MOTION to Vacate , [19] MOTION to Vacate filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Miscellaneous Relief with OCR 64 Filed: 8/16/2023, Entered: 8/16/2023, Terminated: 9/5/2023 Motion for Miscellaneous Relief
MOTION to Strike and Seal ECF No. 21 re [21] MOTION to Strike [20] MOTION to Vacate , [19] MOTION to Vacate by Diego MasMarques. (Attachments: # (1) Exhibit A)(Currie, Haley)
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Motion for Leave to File Electronically Pro Se with OCR 63 Filed: 8/14/2023, Entered: 8/14/2023, Terminated: 9/5/2023 Motion for Leave to File Electronically Pro Se
MOTION for Leave to file electronically Pro Se by Diego MasMarques.(Currie, Haley)
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Mail returned with OCR 62 Filed: 8/7/2023, Entered: 8/7/2023 Mail returned
Mail Returned as Undeliverable. Mail sent to Diego MasMarques (Currie, Haley)
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Reply to Response to motion with OCR 61 Filed: 8/3/2023, Entered: 8/3/2023 Reply to Response to motion
REPLY to Response to [57] Emergency MOTION for Temporary Restraining Order Against Defendant Diego MasMarques, Jr. filed by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan)(Greenspan, Aaron)
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Opposition to Motion with OCR 60 Filed: 8/3/2023, Entered: 8/3/2023 Opposition to Motion
Opposition re [57] Emergency MOTION for Temporary Restraining Order Against Defendant Diego MasMarques, Jr. filed by Diego MasMarques. (Currie, Haley)
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Opposition to Motion with OCR 59 Filed: 8/1/2023, Entered: 8/1/2023 Opposition to Motion
Opposition re [58] MOTION for Temporary Restraining Order filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for TRO with OCR 58 Filed: 8/1/2023, Entered: 8/1/2023, Terminated: 9/5/2023 Motion for TRO
MOTION for Temporary Restraining Order against Plaintiff Aaron Jacob Greenspan by Diego MasMarques. (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Text of Proposed Order)(Currie, Haley)
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Motion for TRO with OCR 57 Filed: 7/27/2023, Entered: 7/27/2023, Terminated: 9/5/2023 Motion for TRO
Emergency MOTION for Temporary Restraining Order Against Defendant Diego MasMarques, Jr. by Aaron Greenspan. (Attachments: # (1) Declaration of Aaron Greenspan, # (2) Text of Proposed Order)(Greenspan, Aaron)
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Answer to Complaint with OCR 56 Filed: 7/26/2023, Entered: 7/26/2023 Answer to Complaint
ANSWER to [1] Complaint,, by Sergei Igorevich Kudriavtsev. (Attachments: # (1) Certificate of Service, # (2) Tracking)(Currie, Haley)
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Certificate of Service pursuant to LR 5.2 with OCR 55 Filed: 7/25/2023, Entered: 7/25/2023 Certificate of Service pursuant to LR 5.2
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Aaron Greenspan re [54] Amended Complaint,, . (Greenspan, Aaron)
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Amended Complaint with OCR 54 Filed: 7/25/2023, Entered: 7/25/2023 Amended Complaint
AMENDED COMPLAINT against All Defendants, filed by Aaron Greenspan. (Attachments: # (1) Exhibit A: Orders Denying Motions to Seal and/or Expunge Records, # (2) Exhibit B: Example Libelous Posts, # (3) Exhibit C: Comcast Subpoena Response, # (4) Exhibit D: Google Search Result Identifying Mac OS Username, # (5) Exhibit E: False and Misleading Government Complaints, # (6) Exhibit F: Mediolex Ltd. E-Mail Correspondence, # (7) Exhibit G: Mass. Gen. Laws Chapter 93A 30-Day Notice)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Orders Denying Motions to Seal and/or Expunge Records
  • Attachment 2 Exhibit B: Example Libelous Posts
  • Attachment 3 Exhibit C: Comcast Subpoena Response
  • Attachment 4 Exhibit D: Google Search Result Identifying Mac OS Username
  • Attachment 5 Exhibit E: False and Misleading Government Complaints
  • Attachment 6 Exhibit F: Mediolex Ltd. E-Mail Correspondence
  • Attachment 7 Exhibit G: Mass. Gen. Laws Chapter 93A 30-Day Notice
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Motion for Extension of Time to File Document with OCR 53 Filed: 7/20/2023, Entered: 7/20/2023, Terminated: 9/5/2023 Motion for Extension of Time to File Document
Third MOTION for Extension of Time to September 30, 2023 to File Potential Motion(s) for Default Judgment by Aaron Greenspan.(Greenspan, Aaron)
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Blank 52 Filed: 7/18/2023, Entered: 7/18/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [47] MOTION for Extension of Time to File a Motion to Dismiss, D. [49] MOTION for Extension of Time to File a Motion to Dismiss - Having considered Defendant Mr. MasMarques' motion for extension, D. 47, 49 (which are, in substance, seeking the same relief) and Plaintiff Mr. Greenspan's opposition to same, D. 50, the Court ALLOWS the motion in part. The Court allows only to the extent that it will give Mr. MasMarques until September 1, 2023 to answer or otherwise respond to the complaint. The Court does not anticipate further extensions. (Currie, Haley)
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Motion for Entry of Default with OCR 51 Filed: 7/17/2023, Entered: 7/17/2023, Terminated: 9/5/2023 Motion for Entry of Default
MOTION for Entry of Default by Aaron Greenspan.(Greenspan, Aaron)
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Opposition to Motion with OCR 50 Filed: 7/5/2023, Entered: 7/5/2023 Opposition to Motion
Opposition re [49] MOTION for Extension of Time to File a Motion to Dismiss filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Extension of Time to File Document with OCR 49 Filed: 7/5/2023, Entered: 7/5/2023, Terminated: 7/18/2023 Motion for Extension of Time to File Document
MOTION for Extension of Time to File a Motion to Dismiss by Diego MasMarques. (Attachments: # (1) Declaration, # (2) Exhibit A)(Currie, Haley)
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Opposition to Motion with OCR 48 Filed: 7/5/2023, Entered: 7/5/2023 Opposition to Motion
Opposition re [47] MOTION for Extension of Time to File a Motion to Dismiss filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion for Extension of Time to File Document with OCR 47 Filed: 7/3/2023, Entered: 7/5/2023 Motion for Extension of Time to File Document
MOTION for Extension of Time to File a Motion to Dismiss by Diego MasMarques. (Attachments: # (1) Declaration, # (2) Exhibit A)(Currie, Haley)
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Motion to Strike with OCR 46 Filed: 6/15/2023, Entered: 6/15/2023, Terminated: 9/5/2023 Motion to Strike
MOTION to Strike [34] Declaration, and All Further Similar Filings by Aaron Greenspan.(Greenspan, Aaron)
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Blank 45 Filed: 6/14/2023, Entered: 6/14/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [35] Second MOTION for Extension of Time to 7/22/2023 to File Potential Motion(s) for Default Judgment - Plaintiff's motion to extend time for the filing of any motions for default judgment is DENIED in part as moot in light of the Court's allowance of the motions for removal of defaults by Defendants Mr. MasMarques and Mr. Kudriavtsev, D. 20, 25, but is ALLOWED as to Defendant Mediolex. Accordingly, Plaintiff Mr. Greenspan has until July 22, 2023 to file a motion for default judgment against Defendant Mediolex. (Currie, Haley)
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Blank 44 Filed: 6/14/2023, Entered: 6/14/2023 order on motion for extension of time to fileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [24] MOTION for Extension of Time to 5/23/2023 to File Potential Motion(s) for Default Judgment - Plaintiff's motion to extend time for the filing of any motions for default judgment is DENIED as moot in light of the filing of D. 35. (Currie, Haley)
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Blank 43 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion for leave to electronically file Pro SeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [17] MOTION for Leave to file electronically Pro Se Regarding Foreign Defendant Sergei Igorevich Kudriavtsev - To the extent that Plaintiff is seeking relief for Defendant Mr. Kudriavtsev to file electronically in this matter, the Court DENIES the motion. To the extent that Defendant Mr. Kudriavtsev may be proceeding pro se in this matter, he may contact the Clerks Office about filing electronically in this matter. (Currie, Haley)
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Blank 42 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion to VacateCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [25] MOTION to Vacate [16] Notice: Clerk's Entry of Default - Having considered the motion to remove the default by Defendants Mr. Kudriavtsev and Mediolex, D. 25, and Plaintiff's opposition to same, for similar reasons as the Court noted in allowing D. 20, the Court ALLOWS the motion to withdraw the entry of default as to Mr. Kudriavtsev. The Court understands that Mr. Kudriavtsev is currently representing himself pro se, which is permissible. A pro se litigant cannot represent a corporate entity, such as Mediolex, see D. 1 at 6. D.S. Atkinson, Inc. v. Lutin Cent. Servs. Co., Inc., 45 F.3d 423 (1st Cir. 1995) (Table) (citing Eagle Assoc. v. Bank of Montreal, 926 F. 2d 1305, 1308 (2d Cir. 1991). As such, corporate entities are unable to appear pro se, and the court will not recognize the appearance of a firm or corporation unless it is accompanied by the appearance of at least one attorney. LR 83.5.2(d); Rowland v. California Men's Colony, 506 U.S. 194, 201202 (1993); Volumetric Imaging, Inc. v. Teledyne, Inc., 194 F.R.D. 373, 374 (D. Mass. 2000). Accordingly, the default remains in place as Mediolex (which cannot be represented by Mr. Kudriavtsev, a pro se litigant, but only by an attorney), but is struck as to Mr. Kudriavtsev himself. Accordingly, Defendant Mr. Kudriavtsev now have until July 14, 2023 to file an answer or otherwise respond to the complaint. (Currie, Haley)
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Blank 41 Filed: 6/14/2023, Entered: 6/14/2023 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [28] Declaration, [30] MOTION to Strike - Plaintiff's motion to strike D. 28, Mr. MasMarques's affidavit, is ALLOWED. As Plaintiff noted, this affidavit is not in support of any motion or otherwise appropriate for filing at this juncture even as the Court has considered Defendant's opposition to the motion to strike, D. 31. Accordingly, the Court ALLOWS D. 30 and D. 28 is struck from the docket. (Currie, Haley)
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Blank 40 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion to withdraw as attorneyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re [22] Motion to Withdraw as Attorney - The motion of Defendant Mr. MasMarques's attorney to withdraw is ALLOWED. As the Court understands that Mr. MasMarques is now proceeding pro se, he must still abide the deadlines that the Court has set today and otherwise comply with the Fed. Rules of Civil Procedure and Local Rules of this Court in regard to any filings. (Currie, Haley)
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Blank 39 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion to VacateCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered D. [20] Motion to Vacate - The Court ALLOWS Defendant Mr. MasMarques's motion to withdraw the entry of default as to this defendant, D. 16. Although Plaintiff takes issue with the filing, Defendant has shown "good cause" for the purposes of removing the entry of default, which is a "low bar" given the preference for deciding matters on the merits. Bruce v. Norfolk Southern Railway Co., 2020 WL 12028929, at *2 (S.D. Ind. May 18, 2020). Accordingly, Defendant Mr. MasMarques has until July 14, 2023 to file an answer or otherwise respond to the complaint. (Currie, Haley)
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Blank 38 Filed: 6/14/2023, Entered: 6/14/2023 order on motion to strikeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [21] Motion to Strike - Plaintiff's motion to strike D. 20 is DENIED. (Currie, Haley)
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Blank 37 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion to VacateCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [19] Motion to Vacate - DENIED as moot given the subsequent, superseding motion to vacate filed by Defendant Mr. MasMarques, D. 20. (Currie, Haley)
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Blank 36 Filed: 6/14/2023, Entered: 6/14/2023 Order on Motion for TROCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re D. [3] MOTION for Temporary Restraining Order - To the extent that Plaintiff Mr. Greenspan was seeking a temporary restraining order ex parte (and there's no certificate of service on this motion or supporting memorandum), the Court DENIES the motion, but will consider it after allowing all Defendants to respond to it. Accordingly, the Court sets July 14, 2023 as the deadline for Defendant to respond to D. 3. (Currie, Haley)
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Motion for Extension of Time to File Document with OCR 35 Filed: 5/23/2023, Entered: 5/23/2023, Terminated: 6/14/2023 Motion for Extension of Time to File Document
Second MOTION for Extension of Time to 7/22/2023 to File Potential Motion(s) for Default Judgment by Aaron Greenspan.(Greenspan, Aaron)
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Declaration with OCR 34 Filed: 5/19/2023, Entered: 5/19/2023 Declaration
DECLARATION of Diego Mas Marques by Diego MasMarques. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T) (Currie, Haley)(Struck from docket on 9/5/23 - please see Order at D. 77) Currie, Haley).
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Sur Reply to Motion with OCR 33 Filed: 5/9/2023, Entered: 5/9/2023 Sur Reply to Motion
SUR-REPLY to Motion re [30] MOTION to Strike [28] Declaration, of Diego MasMarques filed by Diego MasMarques. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Currie, Haley)
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Reply to Response to motion with OCR 32 Filed: 5/3/2023, Entered: 5/3/2023 Reply to Response to motion
REPLY to Response to [30] MOTION to Strike [28] Declaration, of Diego MasMarques MOTION to Seal Document [28] Declaration, of Diego MasMarques filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion to Strike with OCR 31 Filed: 5/3/2023, Entered: 5/3/2023, Terminated: 6/14/2023 Motion to Strike
Opposing MOTION to Strike [30] MOTION to Strike and MOTION to Seal [28] Declaration of Diego MasMarques by Diego MasMarques. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I)(Currie, Haley)
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Motion to Strike with OCR 30 Filed: 4/20/2023, Entered: 4/20/2023, Terminated: 6/14/2023 Motion to Strike
MOTION to Strike and MOTION to Seal [28] Declaration, of Diego MasMarques, ( Responses due by 5/4/2023) by Aaron Greenspan.(Greenspan, Aaron) Modified on 5/3/2023 to adjust docket text (Currie, Haley).
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Certificate of Service pursuant to LR 5.2 with OCR 29 Filed: 4/20/2023, Entered: 4/20/2023 Certificate of Service pursuant to LR 5.2
CERTIFICATE OF SERVICE pursuant to LR 5.2 by Aaron Greenspan re [27] MOTION to Amend and for Alternative Service on New Foreign Defendant Astrad, Ltd. . (Greenspan, Aaron)
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Declaration with OCR 28 Filed: 4/20/2023, Entered: 4/20/2023 Declaration
DECLARATION of Diego Mas Marques by Diego MasMarques. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q)(Currie, Haley) (Struck from docket on 6/14/23 - please see Order at D. 41 (Currie, Haley).
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Motion to Amend with OCR 27 Filed: 4/11/2023, Entered: 4/11/2023, Terminated: 9/5/2023 Motion to Amend
MOTION to Amend and for Alternative Service on New Foreign Defendant Astrad, Ltd. by Aaron Greenspan. (Attachments: # (1) Exhibit A: [Proposed] First Amended Complaint, # (2) Exhibit B: Redlined Changes From Initial Complaint)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: [Proposed] First Amended Complaint
  • Attachment 2 Exhibit B: Redlined Changes From Initial Complaint
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Opposition to Motion with OCR 26 Filed: 3/30/2023, Entered: 3/30/2023 Opposition to Motion
Opposition re [25] MOTION to Vacate [16] Notice: Clerk's Entry of Default filed by Aaron Greenspan. (Greenspan, Aaron)
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Motion to Vacate with OCR 25 Filed: 3/30/2023, Entered: 3/30/2023, Terminated: 6/14/2023 Motion to Vacate
MOTION to Vacate Default Judgment as to Sergei Igorevich Kudriavtsev and Mediolex Ltd. re [16] Notice: Clerk's Entry of Default by Sergei Igorevich Kudriavtsev.(Currie, Haley)
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Motion for Extension of Time to File Document with OCR 24 Filed: 3/23/2023, Entered: 3/23/2023, Terminated: 6/14/2023 Motion for Extension of Time to File Document
MOTION for Extension of Time to 5/23/2023 to File Potential Motion(s) for Default Judgment by Aaron Greenspan. (Attachments: # (1) Exhibit A: Declaration of Aaron Greenspan)(Greenspan, Aaron)
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Notice of Appearance with OCR 23 Filed: 3/9/2023, Entered: 3/14/2023 Notice of Appearance
NOTICE of Pro Se Appearance by Diego MasMarques (Currie, Haley)
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Motion to withdraw as attorney with OCR 22 Filed: 3/9/2023, Entered: 3/9/2023, Terminated: 6/14/2023 Motion to withdraw as attorney
MOTION to Withdraw as Attorney by Diego MasMarques. (Attachments: # (1) Affidavit Affidavit of Defendant Diego Mas Marques, # (2) Supplement Notice of Appearance of Diego Mas Marques )(Phelan, Joseph) Modified on 3/14/2023: Attachment 2 removed from this entry and refiled - see D. 23 for filing (Currie, Haley).
  • Attachment 1 Affidavit Affidavit of Defendant Diego Mas Marques
  • Attachment 2 Supplement Notice of Appearance of Diego Mas Marques
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Motion to Strike with OCR 21 Filed: 3/4/2023, Entered: 3/4/2023, Terminated: 6/14/2023 Motion to Strike
MOTION to Strike [20] MOTION to Vacate , [19] MOTION to Vacate by Aaron Greenspan. (Attachments: # (1) Exhibit A: Relevant Correspondence With Counsel For Defendant Diego MasMarques, Jr., # (2) Exhibit B: January 20, 2023 E-Mail To Diego MasMarques, Jr. Requesting Waiver Of Service, # (3) Exhibit C: Diego MasMarques, Jr. PlainSite Litigation Profile, # (4) Exhibit D: Ohio Secretary of State Dissolution Records Regarding Think Computer Foundation)(Greenspan, Aaron)
  • Attachment 1 Exhibit A: Relevant Correspondence With Counsel For Defendant Diego MasMarques, Jr
  • Attachment 2 Exhibit B: January 20, 2023 E-Mail To Diego MasMarques, Jr. Requesting Waiver Of Service
  • Attachment 3 Exhibit C: Diego MasMarques, Jr. PlainSite Litigation Profile
  • Attachment 4 Exhibit D: Ohio Secretary of State Dissolution Records Regarding Think Computer Foundation
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Motion to Vacate with OCR 20 Filed: 3/3/2023, Entered: 3/3/2023, Terminated: 6/14/2023 Motion to Vacate
MOTION to Vacate by Diego MasMarques. (Attachments: # (1) Supplement Memorandum in Support of Defendant, Diego Mas Marques' Revised Motion to Remove Default, # (2) Affidavit Affidavit of Def Diego Mas Marques, # (3) Exhibit Exhibit A to Affidavit of Def Diego Mas Marques)(Phelan, Joseph)
  • Attachment 1 Supplement Memorandum in Support of Defendant, Diego Mas Marques' Revised Motion to Remove Default
  • Attachment 2 Affidavit Affidavit of Def Diego Mas Marques
  • Attachment 3 Exhibit Exhibit A to Affidavit of Def Diego Mas Marques
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Motion to Vacate with OCR 19 Filed: 3/1/2023, Entered: 3/1/2023, Terminated: 6/14/2023 Motion to Vacate
MOTION to Vacate by Diego MasMarques. (Attachments: # (1) Affidavit Affidavit of Defendant Diego Mas Marques, # (2) Exhibit Exhibit A to Affidavit of Defendant Diego Mas Marques)(Phelan, Joseph)
  • Attachment 1 Affidavit Affidavit of Defendant Diego Mas Marques
  • Attachment 2 Exhibit Exhibit A to Affidavit of Defendant Diego Mas Marques
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Notice of Appearance with OCR 18 Filed: 3/1/2023, Entered: 3/1/2023 Notice of Appearance
NOTICE of Appearance by Joseph E. Phelan on behalf of Diego MasMarques (Phelan, Joseph)
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Motion for Leave to File Electronically Pro Se with OCR 17 Filed: 2/24/2023, Entered: 2/24/2023, Terminated: 6/14/2023 Motion for Leave to File Electronically Pro Se
MOTION for Leave to file electronically Pro Se Regarding Foreign Defendant Sergei Igorevich Kudriavtsev by Aaron Greenspan.(Greenspan, Aaron)
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Notice: Clerk's Entry of Default with OCR 16 Filed: 2/22/2023, Entered: 2/22/2023 Notice: Clerk's Entry of Default
NOTICE: Clerk's ENTRY OF DEFAULT as to Sergei Igorevich Kudriavtsev, Diego MasMarques, Mediolex, Ltd (Attachments: # (1) Standing Order re Motions for Default Judgment) (Currie, Haley)
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Blank 15 Filed: 2/22/2023, Entered: 2/22/2023 Order on Motion for Entry of DefaultCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [14] Motion for Entry of Default (Currie, Haley)
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Motion for Entry of Default with OCR 14 Filed: 2/21/2023, Entered: 2/21/2023, Terminated: 2/22/2023 Motion for Entry of Default
MOTION for Entry of Default Against Defendants by Aaron Greenspan.(Greenspan, Aaron)
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Affidavit of Service with OCR 13 Filed: 1/31/2023, Entered: 1/31/2023 Affidavit of Service
AFFIDAVIT OF SERVICE Executed by Aaron Greenspan. Sergei Igorevich Kudriavtsev served on 1/20/2023, answer due 2/10/2023; Mediolex, Ltd served on 1/20/2023, answer due 2/10/2023. Acknowledgement filed by Aaron Greenspan. (Greenspan, Aaron)
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Affidavit of Service with OCR 12 Filed: 1/31/2023, Entered: 1/31/2023 Affidavit of Service
AFFIDAVIT OF SERVICE Executed by Aaron Greenspan. Diego MasMarques served on 1/27/2023, answer due 2/17/2023. Acknowledgement filed by Aaron Greenspan. (Greenspan, Aaron)
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Blank 11 Filed: 1/20/2023, Entered: 1/20/2023 order on motion for miscellaneous reliefCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [6] MOTION Alternative Service (Currie, Haley)
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Blank 10 Filed: 1/20/2023, Entered: 1/20/2023 Order on Motion for leave to electronically file Pro SeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [2] Motion for leave to electronically file Pro Se. 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 https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions 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. Please email tracy_mclaughlin@mad.uscourts.gov. (Currie, Haley)
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Summons issued with OCR 9 Filed: 1/20/2023, Entered: 1/20/2023 Summons issued
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Castilla, Francis)
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Blank 8 Filed: 1/20/2023, Entered: 1/20/2023 Filing Fee/Payment Received
Filing fee/payment: $ 402.00, receipt number 100001913 for [1] Complaint, (Barbosa, Nilsa)
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Blank 7 Filed: 1/20/2023, Entered: 1/20/2023 Notice of Case AssignmentCourt Filing
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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. (Finn, Mary)
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Motion for Miscellaneous Relief with OCR 6 Filed: 1/20/2023, Entered: 1/20/2023, Terminated: 1/20/2023 Motion for Miscellaneous Relief
MOTION Alternative Service by Aaron Greenspan. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Castilla, Francis)
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Declaration with OCR 5 Filed: 1/20/2023, Entered: 1/20/2023 Declaration
DECLARATION by Aaron Greenspan. (Castilla, Francis)
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Memorandum of Law with OCR 4 Filed: 1/20/2023, Entered: 1/20/2023 Memorandum of Law
MEMORANDUM OF LAW by Aaron Greenspan. (Castilla, Francis)
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Motion for TRO with OCR 3 Filed: 1/20/2023, Entered: 1/20/2023, Terminated: 9/5/2023 Motion for TRO
MOTION for Temporary Restraining Order by Aaron Greenspan.(Castilla, Francis)
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Motion for Leave to File Electronically Pro Se with OCR 2 Filed: 1/20/2023, Entered: 1/20/2023, Terminated: 1/20/2023 Motion for Leave to File Electronically Pro Se
MOTION for Leave to file electronically Pro Se by Aaron Greenspan.(Castilla, Francis)
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Complaint with OCR 1 Filed: 1/20/2023, Entered: 1/20/2023 Complaint
COMPLAINT against All Defendants, filed by Aaron Greenspan. (Attachments: # (1) Category Form Civil Cover Sheet form)(Castilla, Francis) # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Exhibit D, # (6) Exhibit E, # (7) Exhibit F, # (8) Exhibit G) (Castilla, Francis). (Additional # (9) Exhibit H) (Attachment 5 1/20/2023) (Castilla, Francis). (Attachment 6 on 1/20/2023) (Castilla, Francis). (Attachment 6 on 1/20/2023) (Castilla, Francis). (Attachment 7 1/20/2023) (Castilla, Francis). (Attachment 8 1/20/2023) . (Attachment 9 )
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