Cummings Properties, LLC v. Public Service Insurance Co.

Filing 27

Judge Rya W. Zobel: Memorandum of Decision entered denying 7 Motion to Stay. Motions to be filed by 3/30/18; oppositions 6/20/18. (Urso, Lisa)

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____
DATE

__________/s/Rya w. Zobel________
RYA W. ZOBEL
SENIOR UNITED STATES DISTRICT JUDGE