Kaufmann v. Pacific Employers Insurance Company

S.D. New York

Kaufmann v. Pacific Employers Insurance Company

DecidedAugust 5, 2022

Docket7:22-cv-04858

StatusUnknown

This text of Kaufmann v. Pacific Employers Insurance Company (Kaufmann v. Pacific Employers Insurance Company) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufmann v. Pacific Employers Insurance Company, (S.D.N.Y. 2022).

Pincite

Opinion

|| USDC SDN | DOCUMENT UNITED STATES DISTRICT COURT J ELECPRONICALLY □□□□ □□ SOUTHERN DISTRICT OF NEW YORK Ri sf □ ee ee en ee ee eee ee ee eX STRELLEE: ASQ fF 2% DAVID KAUFMANN and MICHELE : oe /s □□ KAUFMANN, : Plaintiffs, : ORDER PACIFIC EMPLOYERS INSURANCE 22 CV 4858 (VB) COMPANY and CHUBB GROUP OF : INSURANCE COMPANIES, Defendants. renee neem ee eee ee On August 3, 2022, defendant Chubb Group of Insurance Companies (“Chubb”) filed a motion to dismiss the complaint pursuant to Rule 12(b)(6). (Doc. #15). Accordingly, it is hereby ORDERED that, by no later than August 15, 2022, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in Chubb’s motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, Chubb may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. Dated: August 5, 2022 White Plains, NY’ SO ORDERED:

Vincent L. Briccetti United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

|| USDC SDN | DOCUMENT UNITED STATES DISTRICT COURT J ELECPRONICALLY □□□□ □□ SOUTHERN DISTRICT OF NEW YORK Ri sf □ ee ee en ee ee eee ee ee eX STRELLEE: ASQ fF 2% DAVID KAUFMANN and MICHELE : oe /s □□ KAUFMANN, : Plaintiffs, : ORDER PACIFIC EMPLOYERS INSURANCE 22 CV 4858 (VB) COMPANY and CHUBB GROUP OF : INSURANCE COMPANIES, Defendants. renee neem ee eee ee On August 3, 2022, defendant Chubb Group of Insurance Companies (“Chubb”) filed a motion to dismiss the complaint pursuant to Rule 12(b)(6). (Doc. #15). Accordingly, it is hereby ORDERED that, by no later than August 15, 2022, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in Chubb’s motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving “unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility”); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, Chubb may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. Dated: August 5, 2022 White Plains, NY’ SO ORDERED:

Vincent L. Briccetti United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

Kaufmann v. Pacific Employers Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufmann-v-pacific-employers-insurance-company-nysd-2022.

Opinion

Related

Cite This Page — Counsel Stack