Lafarge Canada Inc. et al v. American Home Assurance Company et al

Filing 144

ORDER: granting 142 Letter Motion to Adjourn Conference. Application granted. The status conference scheduled for December 9, 2022 is adjourned to June 9, 2023 at 11:00 a.m. The parties shall file a joint status letter no later than June 2, 2023. SO ORDERED. Status Conference set for 6/9/2023 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 12/06/2022) (ama)

Case 1:15-cv-08957-RA-OTW Document 144
142 Filed 12/06/22
12/05/22 Page 1 of 2

Via ECF

December 5, 2022

Hon. Ronnie Abrams
United States District Judge
Thurgood Marshall U.S. Courthouse
40 Foley Square, Room 2203
New York, NY 10007
Re:

Lafarge Canada Inc., et al., v. American Home Assurance
Co., et al., No. 15-cv-8957

Dear Judge Abrams:
This firm represents plaintiffs Lafarge Canada Inc. and Lafarge North America Inc.
(together, “Lafarge”) in the above-referenced action, which has been stayed pursuant to the
Court's Opinion & Order dated March 31, 2018 (Dkt. No. 110). We submit this joint letter on
behalf of all parties to report on the status of certain Canadian proceedings related to this action
and to request that the Court adjourn the status conference scheduled for Friday, December 9 to
a date in June 2023.
The parties previously have provided updates to the Court regarding several litigation
matters in Canada giving rise to this coverage litigation. The principal action still pending
against Lafarge among these proceedings is the “Wave 1 Warranty” Proceeding, a third-party
action brought by SNC-Lavalin against Lafarge and its co-defendant, a former Lafarge
employee, Marie de Grosbois. Last year the trial court rendered a judgment in that action
holding that Lafarge and de Grosbois had no liability for the underlying “Wave 1” claims. SNCLavalin appealed, and the Quebec Court of Appeal held argument on that appeal last month. A
decision is not anticipated for several months.
The other underlying proceedings still pending against Lafarge have not progressed
pending the appeal as against Lafarge. Thus, Lafarge’s ultimate liability, if any, in the Canadian
litigation remains indeterminate. Accordingly, and in the interest of judicial economy, the
parties request that the December 9 status conference be adjourned for approximately six
months.

Case 1:15-cv-08957-RA-OTW Document 144
142 Filed 12/06/22
12/05/22 Page 2 of 2

Hon. Ronnie Abrams
December 5, 2022
Page 2

As has been the case with previous adjournments, the parties propose that they be
permitted to apply for a lift of the Court's stay in this action before the proposed status
conference should there be a development justifying such relief.
Respectfully submitted,
/s/ Bert Wells
Bert Wells
cc:

All counsel of record (by ECF)

Application granted. The status conference
scheduled for December 9, 2022 is adjourned
to June 9, 2023 at 11:00 a.m. The parties
shall file a joint status letter no later than June
2, 2023.
SO ORDERED.
________________
Hon. Ronnie Abrams
12/6/2022