Cosmopolitan Shipping CO., Inc. v. Continental Insurance Company

Filing 151

ORDER: It is hereby ORDERED that, by January 24, 2020, Plaintiff Cosmopolitan Shipping Co., Inc. shall file a revised Exhibit List as discussed at the pre-hearing conference. It is further ORDERED that, by January 24, 2020, the parties shall file (1) a stipulation of facts in narrative form including all relevant facts that are undisputed. The parties shall identify within the narrative those facts that are disputed, and each partys position. The parties shall email to Chambers a courtesy copy of the stipulation in Word format; (2) a stipulation as to Defendants search of its own records; and (3) a stipulation as to Plaintiffs Exhibit 82. It is further ORDERED that, by February 14, 2020, Plaintiff shall file witness statements to serve as direct testimony for Alan Jarvis, Lane Andrae and Russell P. Manheimer. Defendant Continental Insurance Company shall, by February 14, 2020, file a witness statement to serve as direct testimony for Thomas Prendergast. Any application to call additional witnesses must be made with supporting arguments no later than February 4, 2020. It is further ORDERED that, by no later than February 28, 2020, the parties shall file simultaneous memoranda of law addressing whether Continental iss ued a policy or policies to Cosmopolitan regarding the seamen at issue and, if so, the terms thereof, and including citations to the witness statements and exhibits. The Court's Individual Rules III.B. regarding memoranda of law, including co urtesy copies and page limits, shall apply except as otherwise provided herein. It is further ORDERED that, the February 20, 2020, final pre-hearing conference is adjourned and will be held on March 19, 2020, at 11:30 A.M. It is further ORDERED tha t the March 5, 2020, hearing is adjourned and will be held instead on April 13, 2020, at 10:00 A.M. The Clerk of Court is respectfully directed to add the March and April dates to the calendar. (Evidentiary Hearing set for 4/13/2020 at 10:00 AM before Judge Lorna G. Schofield., Final Pretrial Conference set for 3/19/2020 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/19/2019) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
COSMOPOLITAN SHIPPING CO., INC.,
:
Plaintiff,
:
:
-against:
:
CONTINENTAL INSURANCE COMPANY, et :
al.,
:
:
Defendants. :
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12/19/2019

18 Civ. 3167 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on December 19, 2019, the parties attended a pre-hearing conference to
discuss exhibits and proposed witnesses for a hearing scheduled to commence on March 5, 2020.
It is hereby
ORDERED that, by January 24, 2020, Plaintiff Cosmopolitan Shipping Co., Inc. shall
file a revised Exhibit List as discussed at the pre-hearing conference. It is further
ORDERED that, by January 24, 2020, the parties shall file (1) a stipulation of facts in
narrative form including all relevant facts that are undisputed. The parties shall identify within
the narrative those facts that are disputed, and each party’s position. The parties shall email to
Chambers a courtesy copy of the stipulation in Word format; (2) a stipulation as to Defendant’s
search of its own records; and (3) a stipulation as to Plaintiff’s Exhibit 82. It is further
ORDERED that, by February 14, 2020, Plaintiff shall file witness statements to serve as
direct testimony for Alan Jarvis, Lane Andrae and Russell P. Manheimer. Defendant Continental
Insurance Company shall, by February 14, 2020, file a witness statement to serve as direct
testimony for Thomas Prendergast. Any application to call additional witnesses must be made
with supporting arguments no later than February 4, 2020. It is further
ORDERED that, by no later than February 28, 2020, the parties shall file simultaneous

memoranda of law addressing whether Continental issued a policy or policies to Cosmopolitan
regarding the seamen at issue and, if so, the terms thereof, and including citations to the witness
statements and exhibits. The Court’s Individual Rules III.B. regarding memoranda of law,
including courtesy copies and page limits, shall apply except as otherwise provided herein. It is
further
ORDERED that, the February 20, 2020, final pre-hearing conference is adjourned and
will be held on March 19, 2020, at 11:30 A.M. It is further
ORDERED that the March 5, 2020, hearing is adjourned and will be held instead on
April 13, 2020, at 10:00 A.M.
The Clerk of Court is respectfully directed to add the March and April dates to the
calendar.

Dated: December 19, 2019
New York, New York

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