The 2002 Lawrence R. Buchalter Alaska Trust et al v. Philadelphia Financial Life Assurance Company
| The 2002 Lawrence R. Buchalter Alaska Trust, Alaska Trust Company and Stephen C. Harris |
| Philadelphia Financial Life Assurance Company |
| 7:2012cv06808 |
| September 7, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
123
OPINION & ORDER: Because Plaintiffs' claims are time-barred, the Court declines to consider the merits of the claims or address the Motions seeking to exclude expert testimony. For the foregoing reasons, Defendant's Motion for Summary Judgment is granted. The Parties' respective Motions seeking to exclude expert testimony are denied as moot. The Clerk of Court is respectfully requested to terminate the pending Motions, (Dkt. Nos. 99, 102, 110), enter judgment for Defendants, and close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/5/2017) (lnl)
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Filing
84
MEMORANDUM AND ORDER re: 80 MOTION to Compel Plaintiffs to Produce Documents . filed by Philadelphia Financial Life Assurance Company. Defendant's motion to compel is therefore DENIED. The Clerk shall terminate Dkt. 80. (Signed by Magistrate Judge Paul E. Davison on 3/11/2016) (rj)
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Filing
52
OPINION & ORDER: Defendant's Motion To Dismiss is denied in part and granted in part. In particular, the following claims are dismissed: the first cause of action for negligence relating to the failure to provide information and the failure t o effect the redemption request, the second cause of action for negligent misrepresentation related to the alleged misrepresentations about the fund assets and fund administrators, as well as any other claims based on those alleged misrepresentatio ns, the third cause of action for breach of fiduciary duty, the fourth cause of action for professional malpractice related to the failure to provide information and the failure to effect the redemption request, the fifth cause of action for breac h of contract, the sixth cause of action for breach of the covenant of good faith and fair dealing, and the seventh cause of action for unjust enrichment. The Motion is denied as to all other claims. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2015) (lnl)
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