Steadfast Insurance Company v. Portsmouth JV

Ruling

The court ruled on Steadfast Insurance Company’s motion to dismiss, Dkt. 16. It granted the motion with respect to Portsmouth JV’s pursuit of attorneys’ fees under Mighty Midgets, Inc. v. Centennial Ins. Co., 47 N.Y.2d 12 (1979). It denied the motion with respect to Portsmouth JV’s counterclaim alleging bad faith.

Next Steps

The court adopted the parties’ proposed schedule. Steadfast’s answer to Portsmouth JV’s counterclaim was due September 24, 2021. Within fourteen days after service of the answer, the parties were required to meet and confer and file a status update stating whether additional discovery was needed and proposing a discovery schedule. They were also directed to state whether the court could assist with settlement, including through a settlement conference with Magistrate Judge Freeman or the district’s mediation program.

The court adopted the proposed briefing schedule for Portsmouth JV’s motion for summary judgment. Steadfast’s opposition was due September 27, 2021, and Portsmouth JV’s reply was due October 11, 2021. The parties could propose a different schedule in light of the ruling. The clerk was directed to terminate the motion pending at Dkt. 16.

Basis Given in the Order

The order states that the reasons for the ruling were given on the record at the previous day’s conference. Those reasons are not included in the written order.