Opinion
Civil Action 17-3911
07-14-2022
ARIC D. HAUSKNECHT, COMPLETE MEDICAL CARE SERVICES OF NY, PC AND COMPLETE MEDICAL CARE SERVICES OF NY, PC HEALTH AND WELFARE BENEFIT PLAN, Plaintiffs, v. JOHN HANCOCK LIFE INSURANCE COMPANY OF NEW YORK, Defendant.
ORDER
Wendy Beetlestone, J.
AND NOW, this 13th day of July, 2022, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. 125), Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion (ECF Nos. 130-132), Plaintiffs' Brief in Opposition to Defendant's Motion and in Support of its Motion (ECF No. 137), Defendant's Reply Brief in Further Support of its Motion (ECF No. 144), Plaintiffs' Sur-reply Brief (ECF No. 150), and the Parties' Joint Appendix in support of their Motions (ECF No. 154), IT IS HEREBY ORDERED as follows:
1. Defendant's Motion is GRANTED as to: (1) Plaintiffs' RICO Claims under 18 U.S.C. §§ 1962(c)-(d); and, (2) Plaintiffs' Section 1132(a)(2) ERISA claim premised on the purported 2003 change of policy ownership, which claims are HEREBY DISMISSED.
2. Defendant's Motion is DENIED in all other respects.
3. Plaintiffs' Motion is DENIED.