Thakkar v. Honeywell International Incorporated Short-Term Disability Plan et al
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|Date Filed||#||Document Text|
|November 21, 2016
ORDER - IT THEREFORE IS ORDERED granting Defendant Life Insurance Company of North America's Motion to Dismiss (Doc. 27 ). Count Two, for Tortious Interference with Contract against Life Insurance Company of North America, is dismissed with leave to amend the Complaint. Count Three, for Tortious Breach of the Duty of Good Faith and Fair Dealing, is dismissed with prejudice against all Defendants. IT IS FURTHER ORDERED granting in part and denying in part Plaintiff's Cross-Moti on to Amend (Doc. 31 ). Plaintiff may not amend the Complaint to add a claim for Aiding and Abetting Bad Faith, but Plaintiff may amend the Complaint to add a prayer for punitive damages for any amended claim of Tortious Interference with Contract against Life Insurance Company of North America, if Plaintiff can sufficiently allege facts supporting a plausible inference of the requisite state of mind. IT IS FURTHER ORDERED that Plaintiff shall file any Amended Complaint by December 2, 2016. The Amended Complaint must incorporate all of the parties' stipulations and the Court's rulings to date. IT IS FURTHER ORDERED that, in response to Plaintiff's Requests for Production, Defendant Honeywell shall search for and produce d ocuments in its possession discussing targeted rates of claim acceptance or denial for short term disability claims during the period January 1, 2014 through July 31, 2016 that were shared between Honeywell and LINA, or that reflect communications between Honeywell and LINA on this topic. Honeywell is not required to respond to Requests for Production Numbers 1 and 3. (See document for further details). Signed by Judge John J Tuchi on 11/21/16. (LAD)
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