Opinion
Case No. 09-cv-329-SM
10-24-2011
Winter Moore, Plaintiff v. Mark J. Rockwood and Southern New Hampshire Medical Center, Defendants
NOTICE OF RULING
Re: (Document No. 112) Defendant Mark J. Rockwood's Motion to Dismiss Plaintiff's Claims for Lack of Standing and Judicial Estoppel
Ruling: Granted. Given plaintiff's acknowledgment of the basic facts, and plaintiff's counsel's acknowledgment that she "cannot continue to prosecute the case in its current procedural posture," and that no suggestion has been made that plaintiff has sought, or in the near future intends to seek, reopening of her bankruptcy proceeding, and that it is clear from the facts conceded that plaintiff's claims in this case belong not to her but to her bankruptcy estate, the case is dismissed, without prejudice. See Locapo v. Colsia, 609 F. Supp. 2d 156 (D.N.H. 2009).
SO ORDERED.
Steven J. McAuliffe
Chief Judge
cc: Rosanna Sattler, Esq.
Laura A. Otenti, Esq.
Nancy J. Puleo, Esq.
W. Kirk Abbott, Jr., Esq.
Kevin M. O'Shea, Esq.
Michael A. Pignatelli, Esq.
Rose M. Joly, Esq.