Advanced Salon Visions, Inc. et al v. Lincoln Benefit Life Company et al
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|Date Filed||#||Document Text|
|August 25, 2010
ORDER on Defendants' Motion to Dismiss 74 ; Plaintiffs claims for "Pre-Plan Negligent Misrepresentation" and "Pre-Plan Fraud and Deceit, Misrepresentation and Concealment" survive the motion to dismiss; the same can't b e said of Plaintiffs ERISA and fiduciary duty claims, which are dismissed with prejudice; Plaintiffs rescission claims are also dismissed with prejudice, though the Court will remain open to Plaintiffs seeking rescission as a form of equitable relief ; the Court warns the Plaintiffs again that the insurer defendants will be dismissed from this case absent richer factual proof that Anderson and Niche were acting as their agents when the alleged facts giving rise to this action transpired; Signed by Judge Larry Alan Burns on 8/24/10. (kaj)
|November 3, 2009
ORDER Granting Plaintiffs' 58 Ex Parte Application for Leave to File a Motion to Reconsider: Plaintiffs have 14 calendar days from the date this order is entered to file a motion for reconsideration. Defendants will have another 14 calendar days from the date the motion is filed to file an opposition. The Court will take the motion under submission at that time. Signed by Judge Larry Alan Burns on 11/1/09. (pdc) (jrl).
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