Turn2 Specialty Companies LLC v Mt. Hawley Insurance Company

Filing 79

ORDER granting #78 Letter Motion for Extension of Time to File. The requests are GRANTED. Plaintiff's counsel shall have until June 10, 2024 to file a pro hac vice motion and file an amended complaint. Defendant shall respond to the amended complaint within 20 days of its filing. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/10/2024) (tg)

ANDREW J. FURMAN, ESQUIRE
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May 9, 2024
Via ECF
Hon. Jennifer L. Rochon, USDJ
United States District Court
Southern District of New York
500 Pearl Street, Room 1920
New York, New York 10007
Re:

The requests are GRANTED. Plaintiff's counsel shall have
until June 10, 2024 to file a pro hac vice motion and file an
amended complaint. Defendant shall respond to the amended
complaint within 20 days of its filing. SO ORDERED.
Dated: May 10, 2024
New York, New York

JENNIFER L. ROCHON
United States District Judge

Turn2 Specialty Companies, LLC v. Mt. Hawley Insurance Company
Case No.: 24-cv-03125 [JLR]

Dear Judge Rochon:
This law firm represents defendant Mt. Hawley Insurance Company (“Mt. Hawley”) in
above-referenced matter. We write jointly with counsel for plaintiff Turn2 Specialty Companies,
LLC (“Turn2”) to provide the Court with a brief status report of this litigation.
Turn2 originally commenced this insurance coverage action against XL Specialty
Insurance Company (“XL”) and Everest Indemnity Insurance Company (“Everest”) by filing a
complaint in the United States District Court for the Southern District of Texas on February 13,
2023. The complaint sought a declaration that XL and Everest breached their duties to defend
and indemnify Turn2 in numerous personal injury lawsuits arising out of an acetic acid release
at a Texas refinery complex on July 27, 2021 (the “Lawsuits”). See ECF Doc. No. 1. Turn2 filed
a second amended complaint that named Mt. Hawley, one of its excess insurers, as a defendant
on December 1, 2023. See ECF Doc. No. 35. Turn2 claims that Mt. Hawley’s decision to settle
one of the Lawsuits was unreasonable and in bad faith. Mt. Hawley interposed its answer to the
second amended complaint on January 23, 2024. See, ECF Doc. No. 44. Turn2 subsequently
filed a third amended complaint that added Greenwich Insurance Company (“Greenwich”) as a
defendant. See ECF Doc. No. 69.
On April 10, 2024, the Southern District of Texas granted Mt. Hawley’s motion to sever
and transferred Turn2’s claims against Mt. Hawley to the Southern District of New York (the
“Order”). See ECF Doc. No. 72. The Order also directed Mt. Hawley to respond to Turn2’s Third
Amended Complaint within fourteen (14) days after the transfer was effectuated, which occurred
on April 30, 2024. See ECF Doc. Nos. 72, 74.

WWW.CHARTWELLLAW.COM

Page 2
Turn2 Specialty Companies, LLC v. Mt. Hawley Insurance Company

Following the transfer, the parties have agreed that Turn2 will file another amended
complaint that contains allegations and claims solely against Mt. Hawley. However, as Turn2’s
counsel is not yet admitted in the Southern District, it requested additional time to file a motion
for pro hac vice so that it can file an amended pleading. As a result, the parties are requesting
that the Court allow Turn2’s counsel 30 days from today to file a pro hac vice motion and to
thereafter file an amended complaint. Mt. Hawley would request 20 days from the date that the
amended complaint is filed to respond.
We thank Your Honor for Your attention to this matter.

Very truly yours,
CHARTWELL LAW

By: _________________________________
Andrew J. Furman
Attorneys for Defendant
Mt. Hawley Insurance Company

TRAHAN KORNEGAY PARTNERS LLP

By:
________________________________
Samantha Trahan
Attorneys for Plaintiff
Turn2 Specialty Companies LLC