Opinion
Civil Action 17-3912
07-26-2022
JAMES CORMAN, ENERGY ALTERNATIVE STUDIES, INC. AND THE ENERGY ALTERNATIVE STUDIES INC. HEALTH AND WELFARE PLAN, Plaintiffs, v. THE NATIONWIDE LIFE INSURANCE COMPANY, Defendant.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 26th day of July, 2022, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. 78), Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion (ECF Nos. 84-85), Plaintiffs' Brief in Opposition to Defendant's Motion and in Support of its Motion (ECF No. 88-89), Defendant's Reply Brief in Further Support of its Motion (ECF No. 91), and the Parties' Joint Appendix in support of their Motions (ECF No. 94), IT IS HEREBY ORDERED as follows:
1. Plaintiffs' Motion is GRANTED as to their Section 1132(a)(2) ERISA claim premised on the purported 2002 change of policy ownership.
2. Defendant's Motion is GRANTED as to Plaintiffs' RICO Claims under 18 U.S.C. § 1962(c), which claims are HEREBY DISMISSED.
3. The Parties' Motions are DENIED in all other respects.