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Insurance | New York Eastern
Order on Motion for Pre Motion Conference
ORDER denying 31 motion for pre motion conference by Ismie Indemnity Company--Plaintiff's motion for pre motion conference in anticipation of its motion for summary judgment is denied without prejudice and with leave to renew post-discovery and consistent with the Court's Individual Practice Rules. Despite plaintiff's arguments concerning whether there is a genuine dispute as to the material facts in this case, defendants have put forth "specified reasons [that] [they] cannot present facts essential to justify [their] opposition" at this time. Fed. R. Civ. P. 56(d). Namely, defendants attest that there are ongoing discovery disputes and at least one pending deposition that bear directly on the issues in this case. See ECF No. 34-1 at 2-3; ECF No. 35-1 at 1-2. Thus, plaintiff's pre motion conference request is denied without prejudice to renew at the close of discovery. Ordered by Judge Natasha C. Merle on 7/1/2026. (JAW)
Letter
Letter Pursuant to the Court's 6/25/26 Order, Defendant respectfully submits this letter advising the Court of her intention to rely upon FRCP Rule 56(d) in response to Plaintiff's anticipated motion for summary judgment by Somee Lee Kim (Attachments: # 1 Exhibit Declaration pursuant to FRCP Rule 56(d)) (Buchholz, Ellen)
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