EFG Bank AG, Cayman Branch v. AXA Equitable Life Insurance Company

Filing 352

ORDER granting [600 in Case 16-cv-740] Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 600. (Signed by Judge Jesse M. Furman on 4/11/2022) (tro)

ROB ERT C. HORA
Partner
55 Hudson Yards | New York, NY 10001-2163
T: 212.530.5170
[e-mail] | milbank.com

April 11, 2022
VIA ECF
Hon. Jesse M. Furman
U.S. District Court for the Southern District of New York
40 Foley Square
New York, NY 10007
Re:

Application GRANTED. The Clerk of
Court is directed to terminate ECF No.
600. SO ORDERED.

April 11, 2022

In re: AXA Equitable Life Insurance Co. COI Litigation, 16-cv-740, 17-cv-4767,
17-cv-4803, 17-cv-9355, 18-cv-2111, 18-cv-10730 (JMF)

Dear Judge Furman:
We represent Defendant AXA Equitable Life Insurance Company in the abovereferenced proceedings. We write pursuant to the Court’s Order, dated March 31, 2022 [ECF
596] (the “Order”) to advise the Court that all Parties have conferred about continued mediation
efforts in these cases. Equitable, Class Plaintiffs, LSH, Croft, Peterson, and Duffy/Tull Plaintiffs
have agreed to continue mediation efforts. EFG Plaintiffs will not be able to confirm their
willingness to do so until later next week. We have spoken with Phillips ADR to determine the
availability of Judge Layn R. Phillips (Ret.) (the private mediator the parties have used in the
past). His first availability is June 16-17, although Phillips ADR will keep us apprised if earlier
dates become available. The mediation on June 16 will be with only the Class Plaintiffs, and the
mediation on June 17 would be with the Individual Related Action Plaintiffs.
Accordingly, all Parties jointly request an extension to June 30, 2022 of the April 28,
2022 deadline for the parties to submit a joint letter proposing a trial plan, along with a proposed
schedule for pretrial submissions consistent with Your Honor’s Individual Rules. This is the first
request for an extension of that deadline. No Party is anticipating requesting an extension of the
April 14, 2022, April 21, 2022, or May 5, 2022 deadlines imposed by the Order or the deadlines
to file any other motions pursuant to the Court’s Local Rules and Your Honor’s Individual Rules.
Respectfully submitted,
/s/ Robert C. Hora
Robert C. Hora
cc: All Counsel of Record in the Related Actions (via ECF)

33899.12100