Primed Pharm. v. Starr Indem. & Liab. Co.

PRIMED PHARMACEUTICALS, LLC, Plaintiff, v. STARR INDEMNITY & LIABILITY COMPANY, Defendant.

Civil Action No. 21 Civ. 1025 (PGG) (SLC)

United States District Court, S.D. New York

August 23, 2021

ORDER

SARAH L. CAVE, United States Magistrate Judge.

Pursuant to the Telephone Conference held today, August 23, 2021, the Court Orders as follows:

1) The letter-motion by Plaintiff Primed Pharmaceuticals, LLC (“Plaintiff”) to preclude discovery on extrinsic evidence supporting Defendant Starr Indemnity & Liability Company's (“Starr”) prior publication exclusion (the “Motion” (ECF No. 32)) is GRANTED IN PART AND DENIED IN PART as set forth below.

a. The Court will permit narrow discovery into extrinsic evidence concerning “advertising” and “advertising activities” by Primed before November 15, 2014. See Value Wholesale, Inc. v. KB Ins. Co., 450 F.Supp.3d 292 (E.D.N.Y. 2020); Polarome Int'l, Inc. v. Greenwich Ins. Co., 404 N.J.Super. 241 (N.J. App. Div. 2008). Accordingly, the parties shall promptly meet and confer concerning the scope of discovery concerning Primed's “advertising” and “advertising activities” prior to November 15, 2014, including (but not limited to):

i Deposition testimony and exhibits of Matthew Zeigler;

ii. Statements concerning Primed in the Statement of Undisputed Facts, as well as exhibits concerning Primed;

iii. Exhibits to the Reports of Dr. Gregory Bell.

A Telephone Status Conference concerning the scope of discovery is scheduled Thursday, September 9, 2021 at 11:00 am on the Court's conference line. The parties are not required to file a status report or letter in advance of the conference,...