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Insurance | New York Eastern
~Util - Set Deadlines
ORDER: The Court is in receipt of parties' joint letter 79 , requesting the Court to extend the 3/5/2026 stay of this action through 12/2/2026. In light of the parties' representation that they will participate in mediation in October and in light of a stay order in the New York City courts staying 1,340 pending cases in anticipation of the mediation, the request to continue the stay in this action is granted. The parties are directed to submit a joint status report by 12/2/2026 apprising the Court of any updates related to the mediation and resolution of the case. Ordered by Magistrate Judge Taryn A. Merkl on 9/21/2026. (SS)
P.I.: Other | New York Southern
Report and Recommendations
REPORT & RECOMMENDATION: The Court recommends GRANTING the Plaintiffs' default judgment motions at ECF Nos. 11235, 11313, and 11317 and GRANTING IN PART AND DENYING IN PART the Plaintiffs' default judgment motion at ECF No. 11309. Specifically, it recommends: GRANTING partial default judgments to the Plaintiffs listed in the attached Exhibits A, B, C, and D, subject to the corrections listed in the Appendix; 29 awarding the Plaintiffs listed in the Exhibits damages as provided in ECF Nos. 11240-2, 11240-3, 11240-4, 11312-2, 11316-2, 11316-3, and 11319-1, subject to the corrections listed in the Appendix; awarding prejudgment interest assessed at 4.96 percent per annum, compoundedannually, for (1) the period from September 11, 2001, until the date of judgment, forthe pain and suffering and solatium damages listed in Exhibits B, C, and D; and (2) the period from the "Date of Report" until the date of judgment, for the economic damages listed in Exhibit A; and permitting the Plaintiffs listed in the Exhibits to seek punitive, economic, or other damages at a later date, to the extent such damages were not sought in these motions. The Court recommends DENYING the Plaintiffs' default judgment motion at ECF No. 11309 as to Plaintiffs not listed in the attached Exhibits but included in ECF No. 11312-2. This denial should be without prejudice to these Plaintiffs refiling with proof that their state tort claims against the Taliban were properly pleaded. The Court further recommends permitting the Burnett and O'Neill Plaintiffs not listed in the attached Exhibits to apply for default judgment awards at later stages, to the extent such awards have not been previously addressed. Finally, the parties must notify the Court by no later than Friday, September 25, 2026, if they intend to file objections to this Report & Recommendation (as provided below). Objections to R&R due by 10/5/2026 (Signed by Magistrate Judge Sarah Netburn on 9/21/2026) Filed In Associated Cases: 1:03-md-01570-GBD-SN, 1:03-cv-09849-GBD-SN, 1:04-cv-01076-GBD-SN (dsh)
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