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Foy Law Office
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Order | Filed: September 30, 2013 | Entered: September 30, 2013 United States v. Marciello et al
Taxes | Massachusetts
Order on Motion to Continue
Judge Joseph L. Tauro: ORDER entered. This court hereby orders that Defendants Gregory and Grace Marciello' s Motion for Continued Stay 114 is DENIED for essentially the reasons set forth in Plaintiffs Response 115 . This court entered final judgment in favor of Plaintiff on May 29, 2013. In doing so, thiscourt ruled that [b]ased on their failure to appear in this action, defendants Grace Marciello andGregory Marciello have forfeited their right to object to the sale of the Larkin Street property orthe distribution of the proceeds of the sale.1 Defendants present motion raises largely the samearguments that Defendant Gregory Marciellos Motion to Dismiss [#107] raised. This courtdenied that motion for failure to present any meritorious legal arguments against the sale of theLarkin Street property.2 Defendants seek a stay of the sale of the Larkin Street property because they need more time to be able to protect themselves, to both acquire legal advice, and to vacate the premises.3Defendants seek an additional two months to vacate the premises. They also seek additionalproceeds from the sale of the property.4 Only Defendant Gregory Marciello currently resides atthe Larkin Street property.5 Defendants were on notice of this action when it was filed in 2009and failed to respond, and have been on notice that the property would be sold since late May2013. Defendants present no legal grounds for staying the sale of the property another twomonths. Defendants similarly fail to identify legal grounds entitling them to additional proceeds,given that this court has already determined their interests in the Larkin Street property.6 Defendant's Motion for Continued Stay is therefore DENIED. IT IS SO ORDERED.(Geraldino-Karasek, Clarilde)
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Response | Filed: September 05, 2013 | Entered: September 05, 2013 United States v. Marciello et al
Taxes | Massachusetts
Response to Motion
RESPONSE to Motion re 114 MOTION to Continue Stay for Additional Time to Remain on Presmises filed by United States of America. (Strup, Nathan)
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Motion | Filed: September 03, 2013 | Entered: September 04, 2013 United States v. Marciello et al
Taxes | Massachusetts
Continue
Defendants' MOTION for Continued Stay for Additional Time to Remain on Presmises located at 34 Larkin Street, Revere, MA 02151 by Grace R. Marciello, Gregory J. Marciello. (Attachments: # 1 Exhibit, # 2 Addendum, # 3 Exhibit)(Geraldino-Karasek, Clarilde)
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