Foy v. SMA Ins.

• Court: District Court, D. New Hampshire
• Decided: February 3, 1997
• Docket: CV-95-97-SD
• Status: Published

Opinion

Foy v . SMA Ins. CV-95-97-SD 02/03/97

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

James M. Foy

v. Civil N o . 95-97-SD

S.M.A. Insurance Agency, Inc.; Jonathan Robinson, Receiver; Jonathan Robinson, individually

O R D E R

The court is considering abstaining from the exercise of jurisdiction in this case on the basis of Younger v . Harris, 401 U.S. 37 (1971). As recently noted by the First Circuit, Younger abstention principles require a federal court to abstain from reaching the merits of a case over which it has jurisdiction when there is

(1) an ongoing state judicial proceeding, instituted prior to the federal proceeding (or, at least, instituted prior to any substantial progress in the federal proceeding), that (2) implicates an important state interest, and (3) provides an adequate opportunity for the plaintiff to raise the claims advanced in his federal lawsuit.

Brooks v . New Hampshire Supreme Court, 80 F.3d 633, 638 (1st Cir.

1996). If they so choose, defendants shall have until 4:30 p.m. on Friday, February 2 1 , 1997, to file a brief enlightening the court as to their position on this potentially dispositive issue; plaintiff shall have until 4:30 p.m. on Friday, February 2 8 , 1997, if he elects to file a reply memorandum. SO ORDERED.

Shane Devine, Senior Judge United States District Court February 3 , 1997

cc: Gregory T . Uliasz, Esq. Edward A . Haffer, Esq. James E . Townsend, Esq. Sidney Thaxter, Esq.