Opinion
1:21-cv-07367 (ALC)
10-19-2021
Consolidated Edison, Inc., Plaintiff, v. Harleysville Worcester Insurance Co., Defendant.
ORDER TO RESPOND
ANDREW L. CARTER, JR., UNITED STATES DISTRICT JUDGE
The Court is in receipt of Defendant Harleysville Worcester Insurance Company's ("Defendant") pre-motion conference request in connection with its anticipated motion to dismiss the Amended Complaint under Fed.R.Civ.P. 12(b)(6), see ECF No. 15, and Plaintiff Consolidated Edison Company of New York, Inc.'s ("Plaintiff") response in opposition. See ECF No. 16. Plaintiff's letter indicates, inter alia, that "without prejudice and preserving the right to amend" it is "willing to dismiss everything Defendant asks for: Counts 2 and 3, and the claims for consequential damages and attorney's fees in Plaintiff's Prayer for Relief." Id. at 1. In doing so, Plaintiff states that "nothing" would be "standing in the way of Defendant filing its Answer." Id.
Accordingly, Defendant Harleysville Worcester Insurance Company is hereby ORDERED TO RESPOND to Plaintiff's response in opposition to its pre-motion conference request (ECF No. 16) no later than October 22, 2021.
SO ORDERED.