HURRICANE SANDY LITIGATION: NEW JERSEY CHIEF JUDGE ASKS THE INSURERS AND FEMA TO RELEASE ALL DRAFT AND FINAL ENGINEERING REPORTS
Few weeks ago, federal judges in the District of New York had ordered the release of all draft engineering reports to the plaintiffs. Here is that blog:
NEW YORK JUDGE ORDERS THE DISCLOSURE OF
ALL DRAFTS, REDLINES, ETC REPORTS IN RE SUPER STORM SANDY LITIGATION
On the basis of that decision, the New Jersey courts also request that these draft reports are also be released to the Plaintiffs. Here is the letter from Chief Judge Simandle regarding that issue.
CHAMBERS OF Jerome b. simandle
chief
judge
UNITED STATES DISTRICT
COURT
DISTRICT OF NEW JERSEY
UNITED STATES COURTHOUSE
ONE JOHN F. GERRY PLAZA
P.O. BOX 2797 CAMDEN, NJ 08101
(856) 757-5167
December 11, 2014
Gerald J.
Nielsen, Esq.
NIELSEN, CARTER & TREAS, LLC
3838 North Causeway Boulevard,
Ste. 2850
Metairie, LA 70002
James M. Williams, Esq.
GAUTHIER HOUGHTALING
& WILLIAMS
3500 North Hullen Street Metairie, LA
70002
William F. Merlin,
Jr., Esq.
Robert T. Trautmann,
Esq.
Charles R. Mathis, IV, Esq.
MERLIN LAW
GROUP, PA
125 Half Mile Road,
Suite 200
Red Bank,
NJ 07701
Christopher W. Gerold, Esq.
WOLFF SAMSON PC
One Boland
Drive
West Orange,
NJ 07052
Jared T. Greisman,
Esq.
WHITE FLEISCHNER
& FINO, LLP
61 Broadway
New York,
NY 10006
David F.
Swerdlow, Esq.
WINDELS MARX LANE
& MITTENDORF, LLP
120 Albany
Street Plaza, 6th Floor
New Brunswick,
NJ 08901
Eric M. Hurwitz,
Esq.
Ellen Rosen Rogoff,
Esq.
STRADLEY RONON STEVENS
& YOUNG, LLP
457 Haddonfield
Road, Suite 100
Cherry Hill,
NJ 08002-2223
Re: Letters
to Hurricane Sandy Litigation
Committee
Dear Counsel:
Thank you for your
recent letters to the Hurricane
Sandy Litigation Committee of the
U.S. District Court for the District
of New Jersey pertaining to issues
related to Judge Brown's decision in Raimey v. Wright National Flood Insurance
Co. in the Eastern District of New York.
The Committee has discussed these matters
and does not see a need for
district-wide action at this time. The letter
of December 5, 2014 from FEMA Administrator W. Craig Fugate, requiring,
among other things, that all draft
and final engineering reports evaluating
flood loss claims be made available to policyholders
and their counsel for the sake of transparency,
resolves this matter.
The Committee expects that FEMA and all WYO carriers and their counsel will promptly obtain and
turn over all such documents to plaintiffs' counsel without the necessity
for further court intervention. Judges in individual cases will have the opportunity to take
appropriate action if such compliance is not forthcoming,
or to address unique factors in a particular case.
All counsel are reminded
that full compliance is required with all discovery obligations
in Sandy Litigation, by plaintiffs
and defendants alike, in a timely
fashion, as set forth in Case Management
Order No. 1 and in any other
Orders of the Court.
Very Truly Yours,
JEROME B. SIMANDLE
CHIEF U.S. DISTRICT JUDGE
CC: Members
of the Hurricane Sandy Litigation Committee
AUSA
Paul Blaine, Chief, Civil Division
