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Cummings Properties, LLC v. Public Service Insurance Co., 17-11256-RWZ. (2018)

Court: District Court, D. Massachusetts Number: infdco20180503g73 Visitors: 9
Filed: May 02, 2018
Latest Update: May 02, 2018
Summary: MEMORANDUM OF DECISION RYA W. ZOBEL , Senior District Judge . 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 substantiall
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MEMORANDUM OF DECISION

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.

Source:  Leagle

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