Liberty Mutual Fire Insurance Company v. JDS Construction Group LLC et al

Filing 79

ORDER: granting 73 Letter Motion for Discovery; granting 73 Letter Motion for Conference re: 73 LETTER MOTION for Discovery seeking a protective order. addressed to Judge Jesse M. Furman from Marshall T. Potashner dated April 28, 2022. LET TER MOTION for Conference. addressed to Judge Jesse M. Furman from Marshall T. Potashner dated April 28, 2022., 78 JOINT LETTER MOTION for Extension of Time to Complete Discovery and Resolving Motion to Quash on Deposition Topics. addressed to Judge Jesse M. Furman from Marshall T. Potashner dated May 6, 2022. LETTER MOTION for Discovery. addressed to Judge Jesse M. Furman from Marshall T. Potashner dated May 6, 2022. ; granting 78 Letter Motion for Extension of Time to Complete Discov ery; granting 78 Letter Motion for Discovery. In light of the parties' agreement, the parties are granted an extension of the fact discovery deadline for the limited purpose of Liberty Mutual responding to the interrogatories at issue by June 3, 2022. To the extent Defendants believe that there is a need for further discovery based on the interrogatory responses, they shall promptly confer with Liberty Mutual and make an application to the Court to extend discovery for that purpose no la ter than June 9, 2022. Unless and until the Court orders otherwise, the expert discovery deadline of June 27, 2022, remains in effect. Finally, the pretrial conference scheduled for May 16, 2022, is hereby ADJOURNED to June 15, 2022, at 4:30 p.m. The Clerk of Court is directed to terminate ECF Nos. 73 and 78. SO ORDERED.( Pretrial Conference set for 6/15/2022 at 04:30 PM before Judge Jesse M. Furman.). (Signed by Judge Jesse M. Furman on 5/09/2022) (ama)

Case 1:21-cv-01931-JMF Document 79 Filed 05/09/22 Page 1 of 2
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May 6, 2022

VIAECF
Hon. Jesse M. Furman
United States District Court, S.D.N.Y.
United States Courthouse
40 Foley Square
New York, New York 10007

Re:

Liberty Mutual Fire Ins. Co. v. JDS Construction Group, LLC et al.
Civil Action No. 21-cv-01931 (JMF)

Dear Judge Furman:
Our firm represents plaintiff Liberty Mutual Fire Insurance Company ("Liberty Mutual").
We write with the consent of defendants, whose counsel has reviewed and approved this letter.
The parties, subject to the Court's approval, have resolved their dispute over the
following topics in defendants' Fed. R. Civ. P. 30(b)(6) deposition notice:
12.
Liberty Mutual' s setting of reserves for each of the claims by JDS under
the CGL Policy and Workers Compensation Policies.

***
14.
Liberty Mutual' s knowledge of claims brought by JDS that Liberty Mutual
adjusted under the CGL and Workers Compensation Policies.
The agreement is as follows:
1.
Defendants, on May 5, 2022, served a Third Set of Interrogatories, which are
contention interrogatories addressing the above-mentioned subjects;

2.
Liberty Mutual will not raise any objections in their response to these
interrogatories and will answer them by June 3, 2022; and
3.
Defendants reserves any rights they may have regarding seeking a deposition or
additional discovery on the aforementioned topics after service of the interrogatory
answers, and Liberty Mutual reserves all rights to object to any additional discovery on
these topics and to raise the alleged irrelevance of such discovery when the merits of this
matter are addressed.

CALIFORNIA

FLORIDA

GEORGIA

NEW .JERSEY

TEXAS

Case 1:21-cv-01931-JMF Document 79 Filed 05/09/22 Page 2 of 2
Hon. Jesse M. Furman
May6,2022
Page2

We understand that this will take the parties past the current discovery schedule, and the
parties respectfully request an extension of discovery for this limited issue.
We thank Your Honor for your time and attention to this matter.
Respectfully submitted,

~
~
Marshall T. Potashner

MTP:mp
cc: Andrew N. Bourne, Esq. (via ECF)

In light of the parties' agreement, the parties are granted an extension of the fact discovery
deadline for the limited purpose of Liberty Mutual responding to the interrogatories at issue by
June 3, 2022. To the extent Defendants believe that there is a need for further discovery based on
the interrogatory responses, they shall promptly confer with Liberty Mutual and make an
application to the Court to extend discovery for that purpose no later than June 9, 2022. Unless
and until the Court orders otherwise, the expert discovery deadline of June 27, 2022, remains in
effect. Finally, the pretrial conference scheduled for May 16, 2022, is hereby ADJOURNED to
June 15, 2022, at 4:30 p.m. The Clerk of Court is directed to terminate ECF Nos. 73 and 78.
SO ORDERED.

May 9, 2022