Cummings Properties, LLC v. Public Service Insurance Co.
This text of Cummings Properties, LLC v. Public Service Insurance Co. (Cummings Properties, LLC v. Public Service Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-11256-RWZ
CUMMINGS PROPERTIES, LLC
v.
PUBLIC SERVICE INSURANCE CO.
MEMORANDUM OF DECISION
May 2, 2018
ZOBEL, S.D.J. Defendant’s most recent status report (Docket # 26) notwithstanding, the temporary stay was already lifted as of February 28, 2018 (Docket # 23). Eight months’ postponement has yielded few developments in the state proceedings, and abstention is neither necessary nor appropriate. See Fragoso v. Lopez, 991 F.2d 878, 882 (1st Cir. 1993); Sevigny v. Employers Ins. of Wausau, 411 F.3d 24, 29 (1st Cir. 2005). For substantially the reasons stated in plaintiff’s memorandum in opposition (Docket # 11) to defendant’s motion for stay (Docket # 7), that motion is DENIED. Any dispositive motions shall be filed on or before May 30, 2018, with opposition to follow by June 20, 2018. The court will decide the matter on the papers unless either party requests a hearing. ________May 2, 2018____ __________/s/Rya w. Zobel________
DATE RYA W. ZOBEL SENIOR UNITED STATES DISTRICT JUDGE
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