Matches in SCALES for { <scales/DocketEntry/mad;;3:17-cv-10208_de179> ?p ?o ?g. }
Showing items 1 to 6 of
6
with 100 items per page.
- mad;;3:17-cv-10208_de179 RegisterActionDate "2021-03-24" @default.
- mad;;3:17-cv-10208_de179 RegisterActionDescriptionText "Judge Mark G. Mastroianni: ELECTRONIC ORDER entered ADOPTING 168 Report and Recommendation Regarding Plaintiff's Motion for Remand (Dkt. No. 132) and, therefore, DENYING 132 Motion for Remand. The court agrees that the substitution under Federal Rule of Civil Procedure 25(c) of TD Ameritrade for Scottrade did not affect the district court's jurisdiction based on diversity. See Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991); Potvin v. Speedway LLC, 891 F.3d 410, 413 (1st Cir. 2018). Assuming this substitution was proper, the motion for remand should be denied, as the magistrate judge recommends.Plaintiff argues the substitution was improper, as the basis for his objection to the magistrate's recommendation. However, the magistrate judge's Order on Substitution (Dkt. No. 166) falls "within the ambit of [28 U.S.C. §] 636(b)(1)(A)" and "the district court can revise it only when a timely objection has been filed and 'it has been shown that the magistrate's order is clearly erroneous or contrary to law.'" Phinney v. Wentworth Douglas Hosp., 199 F.3d 1, 5 (1st Cir. 1999) (quoting 28 U.S.C. § 636(b)(1)(A)). Objections must be filed within fourteen days after being served with a copy of the findings. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(a). "A party may not assign as error a defect in the order not timely objected to." Fed. R. Civ. P. 72(a). Plaintiff did not timely file an objection to the magistrate judge's order that TD Ameritrade be substituted for Scottrade. Plaintiff therefore cannot now attack the substitution in arguing for remand. As this is the sole basis for his objection to the Report and Recommendation, the court overrules his objection. (Lindsay, Maurice) (Entered: 03/24/2021)" @default.
- mad;;3:17-cv-10208_de179 AdministrativeID "180" @default.
- mad;;3:17-cv-10208_de179 hasJudgeReference SJ000644 @default.
- mad;;3:17-cv-10208_de179 hasReferenceToOtherEntry mad;;3:17-cv-10208_de131 @default.
- mad;;3:17-cv-10208_de179 hasReferenceToOtherEntry mad;;3:17-cv-10208_de167 @default.