Yates v. Foremost Farmers Direct Property and Casualty Insurance

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jackie F. Yates
v.
Foremost Farmers Direct Property and Casualty
Insurance
Case No. 25-cv-338-LM-AJ
ORDER
After due consideration of the objections filed, the court accepts and adopts the
Reports and Recommendations of Magistrate Judge Andrea K. Johnstone dated
September 10, 2026, and September 16, 2026. For the reasons set forth in those
Reports and Recommendations, the court rules as follows:
• 	DENIED: Plaintiff’s Motion to Join Saint Mary’s Bank as a Necessary Party
(Doc. No. 64).
• 	GRANTED: Defendant Foremost’s Motion for Summary Judgment (Doc. No. 39).
• 	DENIED: Plaintiff’s Motion for Summary Judgment (Doc. No. 54).
• 	DENIED AS MOOT: Defendant Foremost’s Motion to Strike (Doc. No. 59).
IT IS FURTHER ORDERED that Plaintiff’s Motion to Extend Time (Doc. No. 69)
is DENIED for the reasons stated in Defendant Foremost’s objection (Doc. No. 74), and
that Plaintiff's Motion for a Temporary Restraining Order (Doc. No. 73) is DENIED.
Additionally, the court notes that Ms. Yates filed a notice of Chapter 13
bankruptcy. Because the only remaining claims in this matter are asserted by Ms.
Yates against Foremost, the bankruptcy proceeding does not stay this case. As the
First Circuit has made clear, "a petition in bankruptcy stays the commencement of all
nonbankruptcy judicial proceedings 'against the debtor' [but] has absolutely no effect
on the debtors' ability to bring suit against other parties." DiMaio Fam. Pizza &
Case 1:25-cv-00338-LM-AJ Document 76 Filed 10/02/26 Page 1 of 2

Luncheonette, Inc. v. The Charter Oak Fire Ins. Co., 448 F.3d 460, 464 (1st Cir. 2006)
(emphasis omitted) (quoting 11 U.S.C. § 362(a)). Accordingly, the automatic stay is
inapplicable.
The Clerk of Court shall enter judgment and close the case.
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: October 2, 2026
Case 1:25-cv-00338-LM-AJ Document 76 Filed 10/02/26 Page 2 of 2