Isaac et al v. Abad

Filing 7

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: for the reasons set forth in the Memorandum and Order (Docket No. 4) and for the reasons stated herein, it is hereby Order that all claims of PSE are DISMISSED. Plaintiff Isaac is dire cted to file an Amended Complaint within 35 days of the date of this Memorandum and Order. The Amended Complaint must set forth plausible claims upon which relief may be granted based on alleged wrongdoings to him and not to PSE. Isaac must also demonstrate a good faith basis for asserting that the amount in controversy, based on his individual claims, exceeds $75,000.00. (PSSA, 1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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ALEX F. ISAAC, ET AL.,
Plaintiffs,
v.
FERNANDO ABAD,
Defendant.

Civil Action No.
16-10330-NMG

MEMORANDUM AND ORDER
GORTON, J.
On March 31, 2016, this Court issued a Memorandum and Order
(Docket No. 4) granting plaintiff Alex Isaac’s (“Isaac”) Motion
for Leave to Proceed in forma pauperis, but denying permission
for the co-plaintiff, Para Sports & Entertainment (“PSE”), to
proceed in forma pauperis because an artificial entity is not
eligible to proceed in forma pauperis.

Additionally, this Court

directed PSE to pay, by April 21, 2016, the apportioned filing
and administrative fee of $200.00 if it wished to proceed with
this action.

Further, this Court ordered that all claims of PSE

would be dismissed by April 21, 2016 unless a Notice of
Appearance was filed by duly-licensed counsel because the company
could not proceed pro se, nor could Isaac represent the company
as a non-attorney.

This Court noted that if no duly-licensed

counsel appeared, a further Order would issue permitting only the
claims of Isaac to proceed.
To date, PSE has failed to pay the $200.00 filing fee as
directed, and no duly-licensed counsel has appeared for PSE.1
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On April 26, 2016, Isaac contacted the Clerk’s Office to
advise that he would not be paying the $200.00 filing fee for

Accordingly, for the reasons set forth in the Memorandum and
Order (Docket No. 4) and for the reasons stated herein, it is
hereby Order that all claims of PSE are DISMISSED.
Next, with respect to the remaining plaintiff (Alex Isaac),
this Court previously questioned whether it has diversity
jurisdiction under 28 U.S.C. § 1332(a)(2) insofar as it appeared
that the claims concerning unpaid loans by the defendant inured
to PSE and not to Isaac individually, and thus Isaac’s amount in
did not appear to exceed $75,000.00.
In light of this, Isaac is directed to file an Amended
Complaint within 35 days of the date of this Memorandum and
Order.

The Amended Complaint must set forth plausible claims

upon which relief may be granted based on alleged wrongdoings to
him and not to PSE.

Isaac must also demonstrate a good faith

basis for asserting that the amount in controversy, based on his
individual claims, exceeds $75,000.00.

Failure to comply with

this directive will likely result in a dismissal of this action.

So ordered.

Dated: May 10, 2016

/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge

PSE. On May 2, 2016, Isaac sent an Update (Docket No. 6)
indicating that he agrees to the dismissal of the claims of PSE
and that no attorney will be hired for it. He also indicated he
intends to pursue his individual claims.
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