Dore v. Liberty Mutual Group Inc.

Filing 11

ORDER denying without prejudice 8 defendant's Motion for Summary Judgment. So Ordered by Judge Steven J. McAuliffe.(lat)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
John Dore,
Plaintiff
v.

Case No. 12-cv-42-SM

Liberty Mutual Group, Inc.,
Defendant
O R D E R
Re:

(Document No. 8)
Defendant’s Motion for Summary Judgment

Ruling: Denied, without prejudice. Plaintiff asserts that
the bankruptcy trustee has agreed to assume the prosecution of
this claim, yet he has not done so. It seems clear that
plaintiff does not have standing to pursue this claim as the
claim belongs to his bankruptcy estate and the trustee has
neither assumed its prosecution, nor has he abandoned the claim
to plaintiff. The case is stayed for 60 days to give the trustee
an opportunity to either appear and assume the prosecution of the
case, or abandon it. Absent action by the trustee within that
time, the case will be dismissed for want of standing.

Steven J. McAuliffe
United States District Judge
Date:
cc:

January 16, 2013

Philip L. Pettis, Esq.
Heather D. Neville, Esq.
Debra W. Ford, Esq.