Order | Filed: October 02, 2026
| Entered: October 02, 2026
Starr Indemnity & Liability Company v. Blue Ridge Indemnity Company et al
Insurance | New York Southern
Order on Motion for Extension of Time to Complete Discovery
ORDER granting 58 Letter Motion for Extension of Time to Complete Discovery; granting 59 Letter Motion for Extension of Time. Despite efforts to guide this case to a close of fact discovery, the Court's efforts have been a failure. The Court hopes that the GNP deposition was concluded on September 24, 2026. With great reluctance, the Court extends discovery to October 8 for the limited purpose stated in Mr. Maloney's letter of September 21, 2026. (ECF 58.) This case is to be tried to the Court without a jury. (ECF 34 at Para 2.) The Court finds it consistent with the quest for a for a just, speedy and inexpensive resolution of the action that the Court set a schedule for trial submissions. The Court Orders as follows: 1. For plaintiff's case in chief, plaintiff shall file by November 6, 2026, the direct testimony by affidavit of all witness within its control, trial exhibits and a trial brief. 2. For defendants' case in chief, defendants shall file by December 1, 2026, the direct testimony by affidavit of all witness within their control, trial exhibits and a trial brief. 3. For plaintiff's rebuttal case, plaintiff shall file by December 10, 2026, the direct testimony by affidavit of all witness within its control, trial exhibits and a trial brief. 4. Unless a party waives cross-examination of a witness, the witness shall appear at trial, confirm his or her testimony by affidavit and be presented for cross-examination followed by redirect. (The parties shall discuss and report on any such waivers in the Joint Pre-Trial Order.) A witness shall only take the stand once in the trial once, so, for example, any rebuttal testimony of that witness shall be presented at the same time as their direct testimony is presented. A witness not within a party's control may be presented on the witness stand without a witness statement but will only testify once in the trial. 5. Because the Court will have the benefit of the parties' trial briefs, the Court does not anticipate opening statements, although the Court will likely have questions for counsel. 6. In lieu of motions in limine, the parties may raise evidentiary issues in their trial briefs. 7. The Court has reviewed the pre-motion letter seeking to file a summary judgment motion. (ECF 59.) The Court will not foreclose the filing of a motion for summary judgment under Rule 56, Fed. R. Civ. P., but, having reviewed the letter, the parties are advised that the Court may reserve on any summary judgment motion until the close of testimony at trial. Further, in the exercise of discretion, the Court will not grant a stay of the filing of pre-trial submissions pending the outcome of any such summary judgment motion. Any party wishing to move for summary judgment on a claim shall file its or their motion at the time the testimony on that claim is due and it shall be responded to by the opposing party on the schedule set above. 8. All testimony and briefs referenced above also shall be submitted to Chambers via Chambers email in MS Word format within five days of filing and all trial exhibits shall be submitted on a thumb drive delivered to Chambers also within five days of filing. 9. Prior to submission of the Joint Pre-Trial Order, lead trial counsel for each side shall meet face to face for no less than one hour to discuss a stipulation of facts to be included in the submission. The Joint Pre-Trial Order is due December 15, 2026. 10. The Final Pre-Trial Conference will be held on December 22, 2026, at 2:00 p.m. 11. The Clerk is respectfully requested to terminate the letter motions at ECF 58 & 59. SO ORDERED. Pretrial Order due by 12/15/2026. (Signed by Judge P. Kevin Castel on 10/2/2026) (vfr)