Barbara Linhart v. New York Life Insurance Company

O

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

BARBARA LINHART, on behalf of Case No. 5:21-cv-01640-JWH-DTB herself and all others similarly situated,

ORDER REGARDING

Plaintiff, PLAINTIFF’S MOTION FOR

CLASS CERTIFICATION AND

v. APPOINTMENT OF CLASS

REPRESENTATIVE AND CLASS

NEW YORK LIFE INSURANCE COUNSEL [ECF No. 85] AND

COMPANY; DEFENDANT’S MOTION FOR

NEW YORK LIFE INSURANCE SUMMARY JUDGMENT [ECF

AND ANNUITY No. 99]

CORPORATION;

LIFE INSURANCE COMPANY OF

NORTH AMERICA;

NYLIFE INSURANCE COMPANY

OF ARIZONA; and DOES 1 to 50, inclusive,

Defendants.

I. SUMMARY OF DECISION

Before the Court are two motions: e the motion of Plaintiff Barbara Linhart for class certification and appointment of class representative and class counsel;' and e the motion of Defendant New York Life Insurance and Annuity Corporation (“NYLIAC”) for Summary Judgment.” After considering the papers filed in support and in opposition, * as well as the argument of counsel during the hearing on the Motions in July 2024, the Court orders that NYLIAC’s Summary Judgment…