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Contract: Other | New Jersey
Text Order
TEXT ORDER: The Court has reviewed Defendants' pre-motion letter, D.E. 12 , and Plaintiff's response, D.E. 13 . As an initial matter, although counsel filed D.E. 12 on behalf of Frankoski Construction Company, Inc. and the individual Defendants, no appearance has been entered on the docket on behalf of any Defendant. In addition, Defendants have not filed the disclosures required by Federal Rule of Civil Procedure 7.1. Therefore, within 3 days of this Order, counsel for Defendants shall enter an appearance on behalf of each Defendant whom counsel represents, and Defendants shall file all disclosures required by Rule 7.1. As to the issues raised in the parties' pre-motion letters, the Court is of the view that amendment of the Complaint may be beneficial before the parties engage in motion practice. In particular, additional factual allegations concerning the bond or bonded projects giving rise to Plaintiff's claimed Loss, the general nature of the Loss allegedly incurred, and the factual basis for Plaintiff's claimed anticipated Loss and collateral demand would provide useful context for Plaintiff's claims and the relief sought. The Court expresses no view at this time as to whether the existing Complaint satisfies Rule 8 or whether any proposed motion to dismiss would ultimately have merit. Accordingly, on or before September 8, 2026, the parties shall meet and confer regarding whether Defendants will consent to Plaintiff filing an amended complaint and shall thereafter file a joint letter: (1) advising the Court whether amendment is proceeding by consent; and (2) proposing a schedule for Plaintiff to file any amended complaint and for Defendants to respond. If the parties cannot agree, the joint letter shall briefly state their respective positions and proposed schedules. Upon review of the parties' submission, the Court will advise the parties of the appropriate next steps. So Ordered by Judge Evelyn Padin on 8/24/2026. (bt)
Contract: Other | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE. The Court having been advised that this matter has settled, the case is dismissed, subject to reinstatement at the request of any party within 45 days. The Court retains jurisdiction to So Order any settlement documents if they are filed within this period. Ordered by Judge Brian M. Cogan on 8/24/2026. (PW)
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