Spinnato et al v. Unity of Omaha Life Insurance Company et al
| Arlene Spinnato, Kristen Spinnato, Dr. Thomas Spinnato and Dr. Tracey Spinnato |
| "XYZ Corp.", Mutual Of Omaha Insurance Company, Juliet Taverna, Taverna Associates, Inc. and Unity of Omaha Life Insurance Company |
| 2:2017cv04268 |
| July 18, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| A. Kathleen Tomlinson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
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Filing
43
MEMORANDUM OF DECISION & ORDER: Presently before the Court is a motion 21 filed by the Taverna Defendants pursuant to Federal Rule of Civil Procedure (FED. R. CIV. P. or Rule) 12(b)(6), seeking to dismiss the complaint as it pertains to the Tave rna Defendants for failure to state a claim upon which relief may be granted. For the foregoing reasons, the Taverna Defendants motion to dismiss is granted as follows. The Plaintiffs second, fourth, fifth, seventh and tenth claims are dismissed as u ntimely. Further, the Court dismisses the Plaintiffs ninth, thirteenth, fourteenth and fifteenth claims as they pertain to the Taverna Defendants. The Plaintiffs first, third, and eighth claims are dismissed without prejudice as they pertain to the T averna Defendants, with leave to replead. The Plaintiffs must serve their amended complaint within thirty days from the date of this order. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 6/19/2018. (Coleman, Laurie)
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