Judge Indira Talwani: ELECTRONIC ORDER: Plaintiff Penn-America Insurance Company (“Penn-America”) and Intervenor-Defendant Janine Giambarresi seek a stay of discovery pending the resolution of Penn-America’s pending motion for summary judgment. See Joint Mot. for a Protective Order to Stay Discovery [ 46 ] (“Joint Motion”). Defendant Sean Marshall, proceeding pro se, opposes the motion. See Opp’n [ 48 ].In the underlying action in Barnstable County Superior Court (the “state case”), Giambarresi has sued Marshall, asserting claims related to a construction renovation dispute. See Giambarresi v. Marshall Constr. Servs., Inc., No. 2572CV00056 (Mass. Super. Ct.). Discovery in the state case is presently stayed. See Joint Mot. 1 [ 46 ].
In the action before this court, Penn-America seeks declaratory judgment that, under the insurance policy issued to Marshall, Penn-America has no coverage obligations or duty to defend Marshall in connection with the state case. Penn-America’s Motion for Summary Judgment [ 32 ], which remains under advisement, contends that the insurance dispute must be determined based solely on the terms of the insurance policy and the allegations in Giambarresi’s Verified Complaint in the state case. Id. at 9; see also Statement of Material Facts [ 34 ] (also citing Giambarresi’s Chapter 93A Demand Letter to Marshall and Penn-America). If Penn-America is correct, whether the court finds coverage or no coverage will be based on the allegations in the Verified Complaint and the Chapter 93A Demand Letter, and no additional discovery will be needed. Accordingly, the court will GRANT the Joint Motion [ 46 ] and stay discovery pending resolution of that question.
If, on review of the Motion for Summary Judgment [ 32 ], the court determines that, as a matter of law, additional facts may be considered in determining the insurance coverage dispute, the court will lift the stay and permit additional discovery at that time as to the coverage issues.
In the meantime, to the extent that Marshall seeks discovery as to the facts of the underlying state case, that request should be directed to the state court, not here.
Accordingly, further discovery is hereby STAYED until such time as the court renders a decision on Penn-America’s Motion for Summary Judgment [ 32 ] or further court order. All other deadlines in the operative Scheduling Order [ 27 ] are likewise STAYED.
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