JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE

JOSEPH C. SPERO, District Judge.

At the initial Case Management Conference, counsel for the parties reported to the Court that they had agreed on a plan to submit, to a panel of English arbitrators, the dispositive issue of whether English law allows Plaintiff to recover its claim for the diminution in value of the damaged yacht insured by the Defendant.

Following that initial Case Management Conference, the parties, through their counsel, agreed to a protocol for submission to the arbitration panel, selected the arbitrators and submitted to them information for each of them to provide an opinion on the submitted issues. All three panelists have now responded and provided their opinions but the parties are seeking clarification relating to the opinion of the third panelist.

In the meantime, counsel for the plaintiff has submitted a settlement demand and the parties expect to engage in settlement discussions. They expect that those discussions will be informal initially but, if necessary, the parties will again enlist the services of the mediator who was appointed by the Court in this matter.

Under the circumstances, counsel request that the December 14th Case Management Conference date be vacated and that a further Conference be set for late January, 2013.

IT IS HEREBY ORDERED THAT the case management conference is continued to January 25, 2013, at 1:30 PM. An updated joint cmc statement is due by 1/18/13.

IT IS SO ORDERED AS MODIFIED.