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Insurance | New York Eastern
Extension of Time to Complete Discovery
Second MOTION for Extension of Time to Complete Discovery by K&K Insurance Group, Inc., National Casualty Company. (Smith, Maura)
Order on Motion for Extension of Time to File
ORDER granting 49 Motion for Extension of Time to File Defendants' partial motion to dismiss because (i)"the parties have agreed to continue settlement discussions" and will provide Magistrate Judge Dunst "with a further status update by September 25, 2026"; and (ii) Plaintiff's counsel informed Defendants that Plaintiff intends to seek leave to file a Second Amended Complaint asserting a claim for indemnification under the Excess Policy.
If the Plaintiff intends to seek leave to file a Second Amended Complaint, Plaintiff shall circulate to Defendants the Proposed Second Amended Complaint by September 29, 2026. By October 5, 2026, (i) the Parties shall file a stipulation for leave to file the Second Amended Complaint and the Plaintiff's Second Amended Complaint; or (ii) the Plaintiff shall file a pre-motion conference letter attaching the Proposed Second Amended Complaint and stating the basis for Plaintiff's proposed motion for leave to amend, and Defendants shall file any response by October 8, 2026.
If Plaintiff does not seek leave to file a Second Amended Complaint, and settlement discussions are not successful, the Defendants will serve but not file their partial MTD on October 7, 2026. By October 21, 2026, the Plaintiff will serve but not file its response. By October 28, 2026, Defendants will serve but not file any reply. Only when the motion is fully-briefed should the parties upload all motion papers to ECF in logical order. The parties are also reminded to deliver two sets of bound courtesy copies of all motion papers to chambers via FedEx or Messenger.
Ordered by Judge Kiyo A. Matsumoto on 9/22/2026. (KSC)
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