Welliver McGuire, Inc. et al v. Ace American Insurance Company

REPLY/RESPONSE to re MOTION for Summary Judgment Letter in Lieu of Reply Brief

W.D.N.Y.March 14, 2019

45 Broadway 16th Floor New York, NY 10006 212.509.9400 800.437.7040 212.509.9492 Fax cozen.com March 14, 2019 Melissa F. Brill Direct Phone 212-908-1257 Direct Fax 866-825-3144 mbrill@cozen.com VIA ECF Hon. Elizabeth A. Wolford United States District Judge Western District of New York 2330 U.S. Courthouse 100 State Street Rochester, New York 14614 Re: Letter in Lieu of Reply Brief Welliver Mcguire, Inc. and Technology Ins. Co., Inc. v. ACE American Ins. Co. Case No. 17-cv-6040-EAW-JWF Dear Judge Wolford: This office represents Defendant, ACE American Insurance Company (“ACE”), in the above- referenced matter. Please accept this letter in lieu of a Reply Brief in further support of ACE’s Motion for Summary Judgment. Plaintiffs have not submitted any response to ACE’s Motion and therefore ACE respectfully requests that this Court grant the unopposed Motion. Pursuant to the Court’s Order dated July 24, 2018, the parties were to file dispositive motions before January 31, 2019. See Doc. No. 23. In accordance with that Order, ACE filed its Motion for Summary Judgment on January 30, 2019. See Doc. No. 24. Plaintiffs were served with the Motion by ECF. See Doc. No. 24-11. On February 1, 2019, the Court issued a Text Order stating that responses were due on or before February 28, 2019, and replies were due on or before March 14, 2019. See Doc. No. 25. To date, Plaintiffs have not filed any opposition or other response. ACE is entitled to the relief sought for the reasons discussed at length in its Memorandum of Law in support of the Motion for Summary Judgment. See. Doc. No. 24-2. Therefore, ACE requests that the Court issue an Order dismissing Plaintiffs’ Complaint because no genuine issue of material fact exists requiring a trial of any such claim, together with other and further relief as the Court deems proper. Case 6:17-cv-06040-EAW-JWF Document 26 Filed 03/14/19 Page 1 of 2 Hon. Elizabeth A. Wolford March 14, 2019 Page 2 _______________________________________ Respectfully, COZEN O'CONNOR /s/ Melissa Brill By: Melissa F. Brill Cc: (via ecf) Dan D. Kohane, Esq. Attorneys for Plaintiffs Hurwitz & Fine, P.C. 1300 Liberty Building Buffalo, NY 14202 Case 6:17-cv-06040-EAW-JWF Document 26 Filed 03/14/19 Page 2 of 2