Travelers Property Casualty Company of America v. Clear Blue Specialty Insurance Company

Filing 28

ORDER granting in part 27 Letter Motion for Extension of Time to File; granting in part 27 Letter Motion for Extension of Time to Complete Discovery. Application granted in part. Third-Party Defendant Certain Interested Underwriters at Lloyd's, London shall answer or otherwise respond to the complaint by May 23, 2022. A separate amended case management plan will issue. (Signed by Judge Lorna G. Schofield on 5/6/2022) (mml)

Case 1:21-cv-09368-LGS Document 28 Filed 05/06/22 Page 1 of 2

May 5, 2022
VIA ECF
The Honorable Lorna G. Schofield, U.S.D.J.
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Application granted in part. Third-Party Defendant Certain
Interested Underwriters at Lloyd's, London shall answer or
otherwise respond to the complaint by May 23, 2022. A
separate amended case management plan will issue.
Dated: May 6, 2022
New York, New York

Travelers Property & Casualty Company of America v. Clear Blue Specialty
Insurance Company / Clear Blue Specialty Insurance Company v. Certain
Interested Underwriters at Lloyd’s London
Civil Action No.: 21-cv-09368
FKB File No.: 406.233

Dear Judge Schofield:
This office has just been retained to represent Third-Party Defendant Certain Interested
Underwriters at Lloyd’s, London (“Underwriters”) in the above-referenced matter. We write to
respectfully request leave to file a late answer to the Third-Party Complaint filed by
Defendant/Third-Party Plaintiff Clear Blue Specialty Insurance Company (“Clear Blue”).
A review of the docket for this matter shows Underwriters were served with the ThirdParty Complaint on March 15, 2022, which would have made Underwriters’ answer due no later
than April 5, 2022. According to the Affidavit of Service, Underwriters were served via the law
firm of Wilson Elser Moskowitz Edelman & Dicker LLP (“Wilson Elser”). See Docket Doc. No.
21. Wilson Elser is not a proper agent for the Underwriters of the policy at issue. Rather,
Underwriters’ policy relevant to the instant action provides the agent for service was and is Mendes
& Mount, LLP, 750 Seventh Avenue, New York, New York. Accordingly, Underwriters have yet
to be properly served with the Third-Party Complaint.
Underwriters respectfully request leave to file a late answer to the Third-Party Complaint
in this matter. We have conferred with counsel for Defendant/Third-Party Plaintiff Clear Blue as
well as counsel for Plaintiff Travelers Property & Casualty Company of America (“Travelers”),
both of which have advised they have no objection to Underwriters’ request to file a late answer.
This is Underwriters’ first request for this relief.

Case 1:21-cv-09368-LGS Document 28 Filed 05/06/22 Page 2 of 2
Re: Travelers Property & Casualty Company of America v. Clear Blue Specialty Insurance
Company / Clear Blue Specialty Insurance Company v. Certain Interested Underwriters at
Lloyd’s London
Civil Action No.: 21-cv-09368
Page 2 of 2
Underwriters’ request to file a late answer will likely affect other scheduled dates.
Accordingly, we further request that all currently pending discovery deadlines as set forth in the
Court’s April 26, 2022 Amended Civil Case Management Plan and Scheduling Order be extended
by 45 days from the current due date, or by 45 days from today’s date as regards any discovery
deadlines which have since passed, as follows:
Discovery
Initial disclosures pursuant to FRCP
26(a)(1)
Fact discovery deadline
Service of initial request for production
Service of interrogatories
Service of requests to admit
Submission of joint status letter as
outlined in Individual Rule IV.A.2
Pre-motion conference

Current
Deadline
February 23, 2022

Proposed New
Deadline
June 17, 2022

July 21, 2022
March 9, 2022
March 9, 2022
May 13, 2022
August 4, 2022

September 5, 2022
June 17, 2022
June 17, 2022
June 27, 2022
September 18, 2022

August 17, 2022

October 1, 2022

This is Underwriters’ first request for this relief. Counsel for Clear Blue consents to this
request to extend the discovery deadlines outlined above. Though we made similar efforts to
obtain Travelers’ consent for this request, we have not heard back. Given the need to respond to
the Third-Party Complaint promptly, we are filing this letter motion and making this request
without having heard back from Travelers’ counsel regarding our request for an extension of the
discovery deadlines.
We thank the Court for its courtesies and attention to this matter. Should you require any
further information, please do not hesitate to contact the undersigned.
Respectfully submitted,
FURMAN KORNFELD & BRENNAN, LLP

Corey M. Cohen
Jessica S. Goddeyne

cc:

Reid & Associates – Lisa Szczepanski, Esq. (via ECF)
Stonberg Moran LLP – Sherri N. Pavloff, Esq. (via ECF)