Opinion
14-cv-8177 (KBF)
10-27-2016
ALBERT D. NASSAR, Plaintiff, v. ERNEST MADERA, Defendant.
ORDER
:
Plaintiff brought this action against individual defendant Ernest Madera and insurance companies John Hancock Life Insurance Company ("John Hancock") and Lincoln National Life Insurance Company ("Lincoln") (collectively, "the insurer defendants"). (ECF No. 13.) The majority of plaintiff's Amended Complaint discusses the actions of Madera and other individuals who allegedly induced him into obtaining financially unsound life insurance policies; plaintiff's only claim against the insurer defendants was that they issued him policies that he did not qualify for in violation of their regulations. The Court granted the insurer defendants' motion for summary judgment on July 19, 2016. (ECF No. 86.) At that time, this action was stayed as to Madera, who had filed a petition for bankruptcy in the Southern District of Florida on December 10, 2015. (ECF No. 58.) Such stay was lifted on July 20, 2016. (ECF No. 89.)
At a telephonic status conference on September 30, 2016, the Court initiated an oral motion, subsequently made by defendant Madera, for summary judgment on the same grounds as the insurer defendants' motions at ECF Nos. 61 and 67. (See ECF No. 93.) The Court construed the memoranda and Rule 56.1 statements filed by the now-dismissed insurer defendants in support of their motions to be applicable to defendant Madera to the same effect as if he had filed them himself. (Id.)
Following the September 30 conference, the Court ordered plaintiff Nassar, who is now proceeding pro se, to file any response to defendant Madera's motion for summary judgment not later than Friday, October 21, 2016. (Id.) The Court did not receive a response from plaintiff Nassar. Accordingly, the court considers the motion unopposed and hereby GRANTS defendant Madera's motion for summary judgment because, inter alia, all of plaintiff's claims against defendant Madera are barred by the applicable statute of limitations.
At the September 30 conference the Court granted a motion by John P. Gleason on behalf of himself and Gleason & Koatz. LLP to withdraw as attorneys for plaintiff Nassar. (ECF No. 93.)
The Court incorporates by reference the applicable facts and analysis from its Opinion & Order at ECF No. 86 (see e.g., id. at 15-16). The Court also refers to the relevant unopposed arguments at ECF No. 63 at 15-18; ECF No. 69 at 11-15; ECF No. 83 at 2-3; and ECF No. 84 at 11-13. --------
The Clerk of Court is hereby directed to terminate this action. The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the denial of this motion would not be taken in good faith. See Feliz v. United States, No. 01-cv-5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. Aug. 22, 2002).
SO ORDERED. Dated: New York, New York
October 27, 2016
/s/_________
KATHERINE B. FORREST
United States District Judge CC: Albert Nassar
845 United Nations Plaza, Apt. 53E
New York, New York 10017-3536 Ernest Madera
1900 Ocean Walk Lane, 105
Lauderdale by the Sea, Florida 33062