Opinion
Civil Action 14-5216
08-12-2022
HARVEY A. KALAN, M.D., INC., HARVEY KALAN, DEBORAH KALAN, Plaintiffs, v. THE LINCOLN NATIONAL LIFE INSURANCE COMPANY and JEFFERSON-PILOT LIFE INSURANCE COMPANY, Defendants.
ORDER
Wendy Beetlestone, J.
AND NOW, this 12th day of August, 2022, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. 128), Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion (ECF Nos. 132, 136), Plaintiffs' Brief in Opposition to Defendants' Motion and in Support of its Motion (ECF No. 137-39), Defendants' Reply Brief in
Further Support of its Motion (ECF No. 142), and the Parties' Joint Appendix in support of their
Motions (ECF No. 145), IT IS HEREBY ORDERED as follows:
1. Defendants' Motion is GRANTED as to: (1) Plaintiffs' ERISA Claims under 29 U.S.C. § 1132(a)(3); (2) Plaintiffs' RICO Claims under 18 U.S.C. § 1962(c) and 18 U.S.C. § 1962(d), which claims are HEREBY DISMISSED.
2. The Parties' Motions are DENIED in all other respects.