Opinion
20-cv-3199 (AJN) 19-cv-6386 (AJN)
12-06-2021
Western Waterproofing Company, Inc., Plaintiff, v. Zurich American Insurance Company, et al., Defendants.
ORDER
ALISON J. NATHAN, District Judge.
On November 18, 2021, Plaintiff Western Waterproofing requested leave to file a prediscovery motion for summary judgment on an affirmative defense raised to Defendants BDG Gotham Residential, LLC and ZDG, LLC's counterclaim. Dkt. No. 182. Gotham and ZDG filed a letter stated that the “do not oppose Western's request, but ask the Court allow them to file a cross-motion” for summary judgment as well on their claim for declaratory judgment against the excess insurers. Dkt. No. 189. Starr Indemnity, on behalf of the excess insurers, opposes Western Waterproofing's request, Dkt. No. 190, and Gotham and ZDG's request, Dkt. No. 192. Western and Gotham and ZDG have submitted further letters in support of their requests. Dkt. Nos. 191, 193.
The Court DENIES both Western's request and Gotham and ZDG's request with leave to refile after the resolution of the pending cross-motions for summary judgment.
This resolves docket numbers 182, 189, and 193.
SO ORDERED.