Preview
IWTICV OITA A
Case 1:16-cv-12383-IT Document176 Filed 12/06/18 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
SABA HASHEM, individually & as Manager
of D'Angelo & Hashem, LLC,
Plaintiff/Defendant-in-Counterclaim
v.
Stephen D’Angelo, individually and asa
Manager of D’Angelo & Hashem, LLC, and
D'Angelo Law Group; D’Angelo & Hashem,
LLC; and D’Angelo Law Group, LLC.
Defendants/Plaintiffs-in-Counterclaim
No. 1:16-cv-12383-IT
were
~
Jennifer M. Carrion,
Intervention-Plaintiff,
v.
SABA HASHEM, STEPHEN D’ANGELO,
D’ANGELO & HASHEM, LLC, D’ANGELO
LAW GROUP, LLC.
Intervention-Defendants,
Reach and Apply Defendants
Meese
)
INTERVENOR PLAINTIFF’S SECOND OPPOSITION TO THE DEFENDANTS’,
STEPHEN D’ANGELO & D’ANGELO LAW GROUP, MOTION TO REMAND
Intervention Plaintiff respectfully submits briefly this second Opposition to the Defendants’
Motion to Remand in the alternative to her Motion to Strike. As Grounds Therefore, Intervention
Plaintiff submits that doctrine of laches prevents the Defendants from making such Motion
to Remand. The Defendants have knowledge of Ms. Carrion’s Massachusetts residency and
continued in federal court. The Defendants have not asserted lack of subject matter
jurisdiction as an affirmative defense in their Answer to Intervenor’s Complaint. See
Document 59. Defendants sat on their rights since July 28, 2017 and cause great prejudice
to the Plaintiff in making such a motion now when moving it to federal court from the start
back in November 26, 2016.
“Laches is established as a defense if’ the party shows: (1) the claimant had
“knowledge of a right or claim; (2) there was an unreasonable delay in asserting that
10Case 1:16-cv-12383-IT Document176 Filed 12/06/18 Page 2 of 2
right or claim; and (8) the delay worked to prejudice or disadvantage” the other party.
10:58.Laches, 14C Mass. Prac., Summary Of Basic Law § 10:58 (5th ed.) citing
The Woodward School For Girls, Inc. v. City Of Quincy. 469 Mass. 151, 179, 13 N.E.3d
579, 608 (2014), Myers v. Salin, 13 Mass. App. Ct. 127, 140, 431 N.E.2d 233, 241
1982), Berry v. Nardozzi, 362 Mass. 145, 150-151, 284 N.1.2d 250, 254 (1972),
Robinson v. State Ballot Law Com’n, 432 Mass. 145, 148, 731 N.E.2d 1090, 1093 (2000)
If such a motion were allowed, Defendants will continue dissipating assets, not
paying, and defrauding the Intervention Plaintiffs Executions.
Because the Defendants have a laches problem and the prejudice to the Intervention
Plaintiff is grave, Defendants motion to remand must be denied.
Respectfully Submitted,
Jennifer M. Carrion,
Intervention-Plaintiff,
By Her Attorney,
/s/ Mernaysa Rivera-Bujosa.
Mernaysa Rivera Bujosa, Esq. BBO
#665965
Rivera-Bujosa Law, P.C.
C-2 Shipway Place
Charlestown, MA 02129
P: (617) 398-6728 F: (617) 389-6730
E: mernaysa@riverabujosalaw.com
CERTIFICATE OF SERVICE
SUFFOLK, ss. December 5, 2018
Thereby certify that a copy of this pleading was today served via the Court's CW/ECF
filing system upon all registered users in this case, including counsel for defendants.
/s/ Mernaysa Rivera Bujosa,
Mernaysa Rivera-Bujosa, Esq.
Certificate Of Compliance
J, Mernaysa Rivera-Bujosa, Esq., hereby certify that I have complied with the
requirements of Mass. Fed. Dist. Ct. Local Rule 7.1.
si Mernaysa Rivera-Bujosa, Esq.
Mernaysa Rivera-Bujosa,
Preview
IWTICV OITA A Case 1:16-cv-12383-IT Document176 Filed 12/06/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS SABA HASHEM, individually & as Manager of D'Angelo & Hashem, LLC, Plaintiff/Defendant-in-Counterclaim v. Stephen D’Angelo, individually and asa Manager of D’Angelo & Hashem, LLC, and D'Angelo Law Group; D’Angelo & Hashem, LLC; and D’Angelo Law Group, LLC. Defendants/Plaintiffs-in-Counterclaim No. 1:16-cv-12383-IT were ~ Jennifer M. Carrion, Intervention-Plaintiff, v. SABA HASHEM, STEPHEN D’ANGELO, D’ANGELO & HASHEM, LLC, D’ANGELO LAW GROUP, LLC. Intervention-Defendants, Reach and Apply Defendants Meese ) INTERVENOR PLAINTIFF’S SECOND OPPOSITION TO THE DEFENDANTS’, STEPHEN D’ANGELO & D’ANGELO LAW GROUP, MOTION TO REMAND Intervention Plaintiff respectfully submits briefly this second Opposition to the Defendants’ Motion to Remand in the alternative to her Motion to Strike. As Grounds Therefore, Intervention Plaintiff submits that doctrine of laches prevents the Defendants from making such Motion to Remand. The Defendants have knowledge of Ms. Carrion’s Massachusetts residency and continued in federal court. The Defendants have not asserted lack of subject matter jurisdiction as an affirmative defense in their Answer to Intervenor’s Complaint. See Document 59. Defendants sat on their rights since July 28, 2017 and cause great prejudice to the Plaintiff in making such a motion now when moving it to federal court from the start back in November 26, 2016. “Laches is established as a defense if’ the party shows: (1) the claimant had “knowledge of a right or claim; (2) there was an unreasonable delay in asserting that 10Case 1:16-cv-12383-IT Document176 Filed 12/06/18 Page 2 of 2 right or claim; and (8) the delay worked to prejudice or disadvantage” the other party. 10:58.Laches, 14C Mass. Prac., Summary Of Basic Law § 10:58 (5th ed.) citing The Woodward School For Girls, Inc. v. City Of Quincy. 469 Mass. 151, 179, 13 N.E.3d 579, 608 (2014), Myers v. Salin, 13 Mass. App. Ct. 127, 140, 431 N.E.2d 233, 241 1982), Berry v. Nardozzi, 362 Mass. 145, 150-151, 284 N.1.2d 250, 254 (1972), Robinson v. State Ballot Law Com’n, 432 Mass. 145, 148, 731 N.E.2d 1090, 1093 (2000) If such a motion were allowed, Defendants will continue dissipating assets, not paying, and defrauding the Intervention Plaintiffs Executions. Because the Defendants have a laches problem and the prejudice to the Intervention Plaintiff is grave, Defendants motion to remand must be denied. Respectfully Submitted, Jennifer M. Carrion, Intervention-Plaintiff, By Her Attorney, /s/ Mernaysa Rivera-Bujosa. Mernaysa Rivera Bujosa, Esq. BBO #665965 Rivera-Bujosa Law, P.C. C-2 Shipway Place Charlestown, MA 02129 P: (617) 398-6728 F: (617) 389-6730 E: mernaysa@riverabujosalaw.com CERTIFICATE OF SERVICE SUFFOLK, ss. December 5, 2018 Thereby certify that a copy of this pleading was today served via the Court's CW/ECF filing system upon all registered users in this case, including counsel for defendants. /s/ Mernaysa Rivera Bujosa, Mernaysa Rivera-Bujosa, Esq. Certificate Of Compliance J, Mernaysa Rivera-Bujosa, Esq., hereby certify that I have complied with the requirements of Mass. Fed. Dist. Ct. Local Rule 7.1. si Mernaysa Rivera-Bujosa, Esq. Mernaysa Rivera-Bujosa,