Krua v. Miller et al

Massachusetts District Court
Judge:	Angel Kelley
Case #:	1:24-cv-10232
Nature of Suit	140 Contract - Negotiable Instrument
Cause	12:635 Breach of Insurance Contract

Case Filed:

Jan 29, 2024

Docket
Parties (4)

Last checked: Saturday Jul 27, 2024 4:41 AM EDT

Defendant Community Independence Initiative (CII) 47 Glen Ave Oakland, CA 91611	Represented By Jennifer L. Markowski Freeman Mathis & Gary, LLP contact info
Defendant Jesus Gerena CEO of Family Independence Initiative (FII)/Uptogether 663 13th Street Ste 200 Oakland, CA 94612	Represented By Jennifer L. Markowski Freeman Mathis & Gary, LLP contact info
Defendant Mr. Mauricio L Miller 47 Glen Ave Oakland, CA 91611
Plaintiff Rev. Torli H Krua 4C Wheatly Way Boston, MA 02119

Docket last updated: 05/09/2025 11:59 PM EDT

Monday, May 05, 2025
26		26 misc Copy Mailed Mon 05/05 8:44 AM Copy re 25 Order on Motion for leave to electronically file Pro Se mailed to Rev. Torli H Krua on 5/5/2025. (CEH) Related: [-]
25		25 order Order on Motion for leave to electronically file Pro Se Mon 05/05 8:41 AM District Judge Angel Kelley: ELECTRONIC ORDER entered. Pro se Plaintiff Rev. Torli H Krua's 22 Motion for Leave to File Electronically is GRANTED for the instant matter only . All self-represented parties are required to comply with the Local Rules and the Federal Rules of Civil Procedure. See Local Rule 83.5.5(d). Moreover, when self-represented parties register for CM/ECF, they agree to the Non-Attorney E-filing Terms and Conditions, which provide that self-represented litigants agree to adhere to local rules, orders, policies, and procedures governing electronic filing for the Court. The Court expects Plaintiff to use the electronic filing system (CM/ECF) properly. Further guidance on using CM/ECF can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/cmecf-general.htm] , and information about civil cases in federal courts can be found at [LINK:https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases] . The Court requires all self-represented parties to review these resources and familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of Massachusetts. Should any misuse occur, the Court may vacate this Order and Plaintiff will be restricted from CM/ECF system and electronic filing. 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 [LINK:https://pacer.uscourts.gov/register-account] . Pro se e-filing account Instructions [LINK: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, but you must email [LINK:tracy_mclaughlin@mad.uscourts.gov] with the docket number so your account can be updated allowing you to E-file. (CEH) Related: [-]
Thursday, May 01, 2025
24		24 service Summons Returned Unexecuted Thu 05/01 2:35 PM Summons Returned Unexecuted by Rev. Torli H Krua as to Center for Peer-Driven Change. (CEH) Related: [-]
23		23 service Summons Returned Executed Thu 05/01 2:32 PM SUMMONS Returned Executed Mr. Mauricio L Miller served on 4/26/2025, answer due 5/19/2025. (CEH) Related: [-]
22		22 motion Leave to file electronically Pro Se Thu 05/01 1:59 PM MOTION for Leave to file electronically Pro Se by Rev. Torli H Krua. (CEH) Related: [-]
Tuesday, March 25, 2025
21		21 misc Copy Mailed Tue 03/25 2:59 PM Copy re19 Amended Complaint,20 Summons Issued, and updated docket sheet mailed to Torli Krua on 3/25/2025. (MAL) Related: [-]
20		20 service Summons Issued Tue 03/25 2:52 PM Summons Issued as to Center for Peer-Driven Change, Marie Zernovoj. 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. (MAL) Related: [-]
19		19 cmp Amended Complaint Tue 03/25 2:51 PM AMENDED COMPLAINT against Community Independence Initiative (CII), Mr. Mauricio L Miller, Center for Peer-Driven Change, Marie Zernovoj, filed by Rev. Torli H Krua.(MAL) Related: [-]
Friday, February 28, 2025
18		18 misc Copy Mailed Fri 02/28 4:22 PM Copy re 17 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Amend, mailed to Rev. Torli H Krua on 2/28/2025. (CEH) Related: [-]
17		17 order Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Amend Fri 02/28 4:19 PM District Judge Angel Kelley: ELECTRONIC ORDER entered. Defendant's Motion to Dismiss for Failure to State a Claim as to Jesus Gerena is GRANTED. To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a complaint must allege sufficient facts to state a claim for relief that is ?plausible on its face? and actionable as a matter of law. Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007)). Reading the complaint ?as a whole,? the Court must conduct a two-step, context-specific inquiry. Garc�a-Catal�n v. United States , 734 F.3d 100, 103 (1st Cir. 2013). First, the Court must perform a close reading of the complaint to distinguish factual allegations from conclusory legal statements. Id. Factual allegations must be accepted as true, while legal conclusions are not entitled to credit. Id. A court may not disregard properly pleaded factual allegations even if actual proof of those facts is improbable. Ocasio-Hern�ndez v. Fortu�o-Burset , 640 F.3d 1, 12 (1st Cir. 2011). Second, the Court must determine whether the factual allegations present a ?reasonable inference that the defendant is liable for the misconduct alleged.? Haley v. City of Boston , 657 F.3d 39, 46 (1st Cir. 2011) (citation omitted). Dismissal is appropriate when the complaint fails to allege a ?plausible entitlement to relief.? Rodriguez-Ortiz v. Margo Caribe, Inc. , 490 F.3d 92, 95 (1st Cir. 2007) (quoting Twombly , 550 U.S. 544 at 559). Complaints brought by pro se litigants, as in this case, are subjected to a lesser scrutiny than that of complaints drafted by attorneys. Ferranti v. Moran , 618 F.2d 888, 890 (1st Cir. 1980). Courts may ?intuit the correct cause of action, even if [the complaint] was imperfectly pled,? provided the complaint contains sufficient facts to do so. Ahmed v. Rosenblatt , 118 F.3d 886, 890 (1st Cir. 1997). However, while pro se litigants are afforded more latitude in this realm, this latitude ?cannot be taken to mean that pro se complaints are held to no standard at all.? Sergentakis v. Channell , 272 F. Supp. 3d 221, 224-25 (D. Mass. 2017) (internal quotation marks and citation omitted). In other words, ?pro se status does not insulate a party from complying with procedural and substantive law.? Ahmed , 118 F.3d at 890. As there are no facts that address Mr. Gerena, let alone well-pled facts that support a claim for which relief can be granted, Defendant's Motion to Dismiss for Failure to State a Claim as to Jesus Gerena is GRANTED. Additionally, Plaintiff's Motion to Amend Complaint and Add New Defendants is GRANTED . Although Plaintiff failed to serve the Motion to Amend and Proposed Amended Motion upon the proposed new parties fourteen (14) days in advance of filing the Motion, Plaintiff did certify that he served the Motion on the new parties on February 7, 2025, the same day the filed the motion. Twenty-one (21) days have passed since that service. As a result, for purposes of this Motion, the Court considers Plaintiff to have complied with District of Massachusetts Local Rule 15.1(b). With no opposition, Plaintiff's Motion to Amend is GRANTED. As a final note, Plaintiff includes UpTogether as a Defendant in the amended Complaint but does not address its addition in the Motion to Amend, nor was it included in the initial Complaint. As this was not properly addressed in the Motion to Amend, UpTogether is not added as a party. (CEH) Related: [-]
Friday, February 07, 2025
16		16 4 pgs respm Memorandum in Support of Motion Mon 02/10 12:00 PM MEMORANDUM of Law in Support re15 Plaintiff's MOTION to Amend1 Complaint and Add New Defendant's filed by Rev. Torli H Krua. (CEH) Related: [-]
15		15 motion Amend Mon 02/10 11:59 AM Plaintiff's MOTION to Amend1 Complaint and Add New Defendant's by Rev. Torli H Krua. (CEH) Related: [-]
		Att: 1 Proposed Amended Complaint
Friday, January 17, 2025
14		14 misc Copy Mailed Fri 01/17 9:42 AM Copy re 13 Plaintiff's MOTION to Amend Complaint and Add a New Defendant, mailed to Rev. Torli H Krua on 1/17/2025. (CEH) Related: [-]
13		13 order Order on Motion to Amend Fri 01/17 9:40 AM District Judge Angel Kelley: ELECTRONIC ORDER entered re12 MOTION to Amend Complaint and Add a New Defendant. The motion is DENIED WITHOUT PREJUDICE , subject to a renewed filing consistent with the following. District of Massachusetts Local Rule 15.1(b) requires that "[a] party moving to amend a pleading to add a new party shall serve, in the manner contemplated by Fed. R. Civ. P. 5(b), the motion to amend upon the proposed new party at least 14 days in advance of filing the motion, together with a separate document stating the date on which the motion will be filed. A motion to amend a pleading to add a new party shall be accompanied by a certificate stating that it has been served in advance on the new party as required by this rule." The Court will provide Plaintiff with twenty-one (21) days to serve the Proposed Amended Complaint on Plaintiff's newly presented Defendants, Center for Peer Driven Change and Marie Zernovoj, and to refile the motion. (CEH) Related: [-]
Thursday, December 19, 2024
12		12 motion Amend Thu 12/19 11:57 AM Plaintiff's MOTION to Amend Complaint and Add a New Defendant by Rev. Torli H Krua. (Horvath, Courtney) Related: [-]
		Att: 1 Proposed Amended Complaint
Friday, June 14, 2024
11		11 respm Opposition to Motion Fri 06/14 2:15 PM Plaintiff's Opposition re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rev. Torli H Krua. (Horvath, Courtney) Related: [-]
		Att: 1 Exhibit
Monday, May 20, 2024
10		10 7 pgs respm Memorandum in Support of Motion Mon 05/20 6:08 PM MEMORANDUM in Support re9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Community Independence Initiative (CII), Jesus Gerena. (Markowski, Jennifer) Related: [-]
9		9 motion Dismiss for Failure to State a Claim Mon 05/20 6:04 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Community Independence Initiative (CII), Jesus Gerena.(Markowski, Jennifer) Related: [-]
Thursday, May 09, 2024
8		8 misc Copy Mailed Thu 05/09 4:23 PM Copy re 7 Order on Motion for Extension of Time to Answer, mailed to Rev. Torli H Krua on 5/9/24. (Horvath, Courtney) Related: [-]
7		7 order Order on Motion for Extension of Time to Answer Thu 05/09 4:21 PM District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING re6 MOTION for Extension of Time to May 20, 2024 to File Answer re1 Complaint Community Independence Initiative (CII) answer due 5/20/2024; Jesus Gerena answer due 5/20/2024. (Horvath, Courtney) Related: [-]
Monday, May 06, 2024
6		6 motion Extension of Time to File Answer Mon 05/06 7:24 PM MOTION for Extension of Time to May 20, 2024 to File Answer re1 Complaint by Jesus Gerena.(Markowski, Jennifer) Related: [-]
5		5 notice Notice of Appearance Mon 05/06 4:51 PM NOTICE of Appearance by Jennifer L. Markowski on behalf of Community Independence Initiative (CII), Jesus Gerena (Markowski, Jennifer) Related: [-]
Tuesday, January 30, 2024
4		4 service Summons Issued Tue 01/30 9:43 AM 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. (Kinsella, Jaylannie) Related: [-]
3		3 notice Notice of Case Assignment Tue 01/30 8:32 AM ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Donald L. Cabell. (Cowan, Nicole) Related: [-]
Monday, January 29, 2024
2		2 misc Filing Fee/Payment Received Mon 01/29 5:05 PM Filing fee/payment: $ 405.00, receipt number 100006396 for1 Complaint (Barbosa, Nilsa) Related: [-]
1		1 cmp Complaint Mon 01/29 4:54 PM COMPLAINT against All Defendants, filed by Rev. Torli H Krua. (Kinsella, Jaylannie) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Category Form

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