+Rubin, Fiorella, Friedman & Mercante LLP Attorneys at Law 630 Third Avenue, 3rd Floor New York, New York 10017 Telephone: (212) 953-2381 / Facsimile: (212) 953-2462 Direct Dial: (212) 447-4659 Email: sgreenspan@rubinfiorelia.com May 26, 2021 Via: ECF APPLICATION GRANTED CVePE - Honotable John G. Koeltl SO 0 IDERED □ United States District Court <— Lf Z Ere Southern District of New York 500 Pearl Street John G. Koelll, LES Did. New York, New York 10007-1312 7 /k ? 2 | Re: Nationwide Insurance Company & 59 South 4", LLC y, United Specialty Ins. Co. Case No.: 1:21-cv-03904-JGK Our File No.: 1008.36738 Dear Judge Koeltl: We represent plaintiffs, Nationwide Insurance Company and 59 South 4, LLC (hereinafter “Nationwide”), in this declaratory judgment action and submit this letter on behalf of Nationwide and defendant United Specialty Insurance Company (“United Specialty”). By letter dated May 19, 2021, the undersigned wrote to Your Honor asking that the Court schedule a pre-motion conference in connection with plaintiffs’ proposed motion for summary judgment. The parties have briefed their respective positions regarding plaintiffs’ proposed motion by their letters dated May 19, 2021, May 20, 2021 and May 21, 2021. The Court has | graciously scheduled a conference for Tuesday, June 1, 2021, at 2:30pm. By Docket Order (#7), the Court has directed that the parties submit a Rule 26(f) report | by May 28, 2021. The parties seek a stay of filing a joint Rule 26(f) report pending the court’s | ruling on the issue of whether the plaintiffs can file a summary judgment motion without any | discovery taking place in this action. Thank you for your attention to this matter. Respectfully submitted, Nationwide Insurance Company & 59 South 4", LLC v. United Specialty Ins. Co. Case No.: 1:21-cv-03904-JGK Page 2 RUBIN, FIORELLA, FRIEDMAN & MERCANTE, LLP By: Stewart B. Gueenspan Stewart B. Greenspan, Esq. 630 Third Ave., 3rd Floor New York, New York 10017 Email: SGreenspan@rubinfiorella.com Tel.: 212-953-2381 Fax: 212-953-2462 Copy Via: ECF Maria T. Ehrlich, Esq. MARSHALL, CONWAY, BRADLEY, GOLLUB & WEISSMAN, P.C. 45 Broadway - Suite 740 New York, New York 10006 (646) 688- 7398 Email: mehrlich@mewpc.com 4819-97 16-2988, v. 1