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Insurance | Massachusetts
Order on Motion to Compel Order on Motion for Extension of Time
Judge Myong J. Joun: ELECTRONIC ORDER entered The document requests at issue in both of Defendants’ Motions to Compel Production of Documents Doc. Nos. 56 and 61 can be categorized into five categories, as outlined by the Parties during the motion hearing on 2/12/2026. Category 1 involves documents relating to BC One (Nominal Plaintiff) and their decision not to include Plaintiff’s current claim in their original claim; Category 2 is Cannistraro’s decision to submit this claim now; Category 3 involves Plaintiff’s status under the policy and whether they are a Named Insured; Category 4 includes the factual basis for the claim; and Category 5 involves WMS Enterprises. As explained below, the Motion to Compel Non-Party WMS to Produce Documents in Response to Subpoena, Doc. No. 56 , is DENIED and the Motion to Compel JCC to Produce Documents, Doc. No. 61 , is DENIED in whole or in part as follows: Given the Parties’ representations on the record that Category 1 and 2 documents have been produced in response to Request No. 11 to the extent it sought communications between BC One and JCC regarding submission of JCC’s claim produced during Phase 1, and documents produced more recently in response to Request No. 12, the motion to compel is DENIED without prejudice subject to renewal as discussed after examination/review of the productions. The motion to compel as for Request No. 14 is DENIED as it is irrelevant what JCC’s own internal opinions or beliefs were as to whether its claimed losses were covered under the policy. The motion to compel Category 3 documents in response to Request Nos. 15-19, 21-22, and 34-35 is DENIED for the reasons discussed at the hearing. The motion to compel Category 4 documents in response to Request Nos. 20, 24-25, 29-33 is DENIED as moot, as JCC has now produced documents responsive to these requests. Finally, the motion to compel Category 5 documents in response to Request Nos. 45-47 is DENIED given that all underlying documents forming the factual basis for JCC’s claims have been produced (Category 4 documents as noted above) and expert discovery has not yet begun. The Parties' cross-motions to extend current pre-trial deadlines Doc. Nos. 75 and 76 are GRANTED and the scheduling order is AMENDED as follows: Fact discovery to be completed by 8/15/2026.Expert discovery to be completed by 11/13/2026.Summary Judgment Motions due by 1/15/2027.Opposition to Summary Judgment Motions due by 2/19/2027.Reply memoranda due by 3/5/2027.Given the age of the case, and given the length of this extension, it is unlikely that the Court will grant a further extension.(SP)
The document requests at issue in both of Defendants’ Motions to Compel Production of Documents Doc. Nos. 56 and 61 can be categorized into five categories, as outlined by the Parties during the motion hearing on 2/12/2026. Category 1 involves documents relating to BC One (Nominal Plaintiff) and their decision not to include Plaintiff’s current claim in their original claim; Category 2 is Cannistraro’s decision to submit this claim now; Category 3 involves Plaintiff’s status under the policy and whether they are a Named Insured; Category 4 includes the factual basis for the claim; and Category 5 involves WMS Enterprises. As explained below, the Motion to Compel Non-Party WMS to Produce Documents in Response to Subpoena, Doc. No. 56 , is DENIED and the Motion to Compel JCC to Produce Documents, Doc. No. 61 , is DENIED in whole or in part as follows:
Given the Parties’ representations on the record that Category 1 and 2 documents have been produced in response to Request No. 11 to the extent it sought communications between BC One and JCC regarding submission of JCC’s claim produced during Phase 1, and documents produced more recently in response to Request No. 12, the motion to compel is DENIED without prejudice subject to renewal as discussed after examination/review of the productions. The motion to compel as for Request No. 14 is DENIED as it is irrelevant what JCC’s own internal opinions or beliefs were as to whether its claimed losses were covered under the policy. The motion to compel Category 3 documents in response to Request Nos. 15-19, 21-22, and 34-35 is DENIED for the reasons discussed at the hearing. The motion to compel Category 4 documents in response to Request Nos. 20, 24-25, 29-33 is DENIED as moot, as JCC has now produced documents responsive to these requests. Finally, the motion to compel Category 5 documents in response to Request Nos. 45-47 is DENIED given that all underlying documents forming the factual basis for JCC’s claims have been produced (Category 4 documents as noted above) and expert discovery has not yet begun.
The Parties' cross-motions to extend current pre-trial deadlines Doc. Nos. 75 and 76 are GRANTED and the scheduling order is AMENDED as follows:
Given the age of the case, and given the length of this extension, it is unlikely that the Court will grant a further extension.
Settlement Order of Dismissal
Notice of Correction made by court staff. Docket entry 78 was incorrectly entered in this case and has since been removed.
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