Deja Realty Corp. v. The Travelers Indemnity Company of America

Filing 31

ORDER granting 30 Letter Motion to Compel. The Court has received no response from Plaintiff to this letter, despite the deadline set forth in the Court's Individual Rule 2.E. No later than September 30, 2024, Plaintiff is ORDERED to provid e to Defendant its complete Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1), which was due on April 4, 2024. Dkt. 22. Plaintiff and Defendant shall also submit their proposed joint amended case management plan (CMP) by September 30, 2024. If Plaintiff fails to cooperate in the submission of the CMP, Defendant is permitted to unilaterally submit the CMP. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 9/25/2024) (jca)

Direct: [phone]
[e-mail]

September 18, 2024
(via ECF)
Hon. Jennifer L. Rochon, U.S.D.J.
United States District Court
500 Pearl Street
New York, New York 10007
Re:
Deja Realty Corp. v. The Travelers Indemnity Company of America,
24 CV 278 (JLR) (JW)
LPG&M File No.: 340-1490
Dear Judge Rochon:
This firm represents defendant The Travelers Indemnity Company of America
(“Travelers”). I bring this letter motion seeking to compel compliance with the March 21, 2024
Case Management Plan and Scheduling Order (Dkt. 22, Exh. “A” hereto), which despite multiple
demands has not been properly complied with and prevents the parties from moving forward with
submitting a joint proposed discovery order by tomorrow as directed.
At the March 21, 2024 Initial Conference, as Travelers’ motion to dismiss was pending,
the Court stayed discovery, but specifically required the parties to serve Rule 26a Disclosures by
April 4, 2024. (Exh. “A”). Travelers made several attempts thereafter to secure Plaintiff’s Rule
26a Disclosures without any response from Plaintiff. (Exh. “B”).
Following the Court’s decision on the motion, and receipt of the Court’s August 29, 2024
directive to file a new proposed discovery order by September 19, 2024, I immediately reminded
Plaintiff of its prior failure to provide the Rule 26a Disclosures, and to do so immediately in order
to determine what discovery was necessary to complete a proposed joint discovery order. (Exh.
“C”).

Case 1:24-cv-00278-JLR

Document 30

Filed 09/18/24

Page 2 of 2

On September 4, 2024, Plaintiff provided an utterly deficient Rule 26a Production. (Exh.
“D”). Travelers objections to that production are detailed in my September 4, 2024 email to
counsel. (Exh. “C”). Notably, however, Plaintiff failed to submit any evidence of damages in
excess of that amount claimed in its initial complaint and the subject of Travelers’ motion – the
same November 24, 2021 estimate for $453,750 upon which Travelers sought excluded from
Plaintiff’s damages. As the Court will remember, a key component of Plaintiff’s amended
complaint and opposition to Travelers’ motion was that damages continued after it had in its
possession that estimate. Thus, it was incumbent upon Plaintiff, pursuant to Rule 26a and this
Court’s directive, to provide a proper Rule 26a Disclosure, setting forth the damages it allegedly
incurred and is seeking in this lawsuit, and supporting documents for same.
1

I again received no response to that September 4, 2024 deficiency email and once again
reached out to counsel on September 16, 2024 to remind him that our joint discovery plan was due
in three days, and I needed the proper Rule 26a disclosure in advance. Plaintiff’s response was to
seek consent for an adjournment of the filing of the proposed joint discovery plan, which I refused
to do without first obtaining proper responses to the long overdue Rule 26a Disclosure. As of this
filing, I still have not received same, and our joint discovery plan is due tomorrow.
Plaintiff amended its complaint to allege additional damage beyond the expiration of
Travelers’ suit limitations period. If and to the extent Plaintiff does not in fact have any evidence
of same, Travelers will, in addition to seeking dismissal, seek Rule 11 sanctions. Travelers
respectfully seeks the Court’s assistance to enforce its prior order so that discovery can procced.
Thank you for your assistance in this regard.
Very truly yours,
s/Yale Glazer
Yale Glazer
cc:

Edmond J. Pryor, Esq.
(via ECF)

The Court has received no response from Plaintiff to this letter, despite the deadline set forth in the Court's Individual
Rule 2.E.
No later than September 30, 2024, Plaintiff is ORDERED to provide to Defendant its complete Initial Disclosures
pursuant to Federal Rule of Civil Procedure 26(a)(1), which was due on April 4, 2024. Dkt. 22. Plaintiff and
Defendant shall also submit their proposed joint amended case management plan (CMP) by September 30, 2024. If
Plaintiff fails to cooperate in the submission of the CMP, Defendant is permitted to unilaterally submit the CMP.
Dated: September 25, 2024
New York, New York

SO ORDERED.
JENNIFER L. ROCHON
United States District Judge

1

Plaintiff’s response is hereby attached without Exhibit 3 thereto, which is 138 pages of the Travelers policy.

2