Sandra Fernandez de Villavicencio et al v. Hines Corporation et al

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Case 1:25-cv-12088-WGY Document18 Filed 03/03/26 Page 1of3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SANDRA FERNANDEZ DE VILLAVICENCIO,
Plaintiff,

v. C.A. No, 25-12088-WGY
HINES INTERESTS LIMITED PARTNERSHIP;
MARINA BAY RESIDENCES, LLC; and BOZZUTO

MANAGEMENT COMPANY,
Defendants.

ORDER
March 3, 2026
YOUNG, D.J.
Sandra Fernandez de Villavicencio, a Massachusetts resident.
who is proceeding pro se, initiated this action on behalf of her
minor son by filing a complaint with a motion for leave to

proceed in forma pauperis. ECF Nos. 1-2.

By Memorandum and Order dated July 31, 2025, the Court

denied without prejudice the motion for leave to proceed in

forma pauperis and stated, among other things, that if plaintiff
wishes to proceed with this action, she must file an Application
to Proceed in District Court without Prepaying Fees or Costs and
an amended complaint that states a plausible claim for relief.
ECF No. 5. The Court noted, among other things, that as a non-
attorney, plaintiff cannot represent her minor son. Id.

On August 29, 2025, plaintiff filed an Application to
Proceed in District Court without Prepaying Fees or Costs. ECF

No. 8. At that time, she also filed an amended complaint naming

AUTHENTICATED
U.S. GOVERNMENT.
INFORMATION

GPO

Case 1:25-cv-12088-WGY Document18 Filed 03/03/26 Page 2 of 3

herself as plaintiff and naming the as defendants Hines -
Interests Limited Partnership; Marina Bay Residences, LLC; and
Bozzuto Management Company. ECF No. 9.

Although summons have not yet been issued, a motion to
dismiss the amended complaint was filed by the three defendants.
ECF No. 13. Plaintiff has not filed an opposition to the
defendants’ motion to dismiss.

The Court will provide plaintiff with an opportunity to
file an opposition to defendants’ motion to dismiss and/or
replead her claims in a second amended complaint.

Upon consideration, it the Court hereby orders:

1. . The Application (ECF No. 8) to Proceed in District
Court without Prepaying Fees or Costs is ALLOWED.

2.0 Plaintiff may, on or before April 3, 2026, file a
response to defendants’ motion to dismiss and, if she wishes,
she may replead her claims in a second amended complaint.

3. TheClerk shall issue summons and shall send the
summons and a copy of this Order to plaintiff, who must serve
these documents, together with the amended complaint (or the
second amended complaint if one is filed) in accordance with
Rule 4 of the Federal Rules of Civil Procedure.

4. The plaintiff may elect to have service made by the
United States Marshals Service (“USMS”). If plaintiff chooses

to have service completed by the USMS, she shall provide the

Case 1:25-cv-12088-WGY Document18 Filed 03/03/26 Page 3 of3

‘agency with a copy of this order, all papers for service, and a
completed USM-285 form for each party to be served. The USMS
shall complete service as directed by plaintiff with all costs
of service to be advanced by the United States.

5. Plaintiff shall have 90 days from the date of the
issuance of the summons to complete service. Failure to
complete service in a timely fashion may result in dismissal of
this action without prior notice to plaintiff. See Fed. R. Civ.
Pp, 4 (m); Local Rule 4.1 (D. Mass).

SO ORDERED.

WILLIAM G. /YOU
UNITED STAfES (DISTRICT JUDGE