Silk
Silk v. Metropolitan Life Insurance
Opinion
Opinion
Stotler, J.
ORDER: (1) GRANTING DEFENDANTS’ MOTION TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6); AND (2) DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
I.
PROCEDURAL BACKGROUND
On August 8, 2006, defendants filed a Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Motion to Dismiss”). On August 18, 2006, plaintiff filed a Motion for Summary Judgment. On August 28, 2006, plaintiff filed opposition to defendants’ Motion to Dismiss, which incorporated by reference the papers filed in support of plaintiffs Motion for Summary Judgment. On August 29, 2006, defendants filed opposition to plaintiffs Motion for Summary Judgment. On September 1, 2006, plaintiff filed a reply in support of the Motion for Summary Judgment. On September 5, 2006, defendants filed a reply in support of the Motion to Dismiss which incorporated by reference the papers filed in opposition to plaintiffs Motion for Summary Judgment. The Court took the above-captioned matters under submission on October 23, 2006.
Having read and considered the arguments and authorities raised in the parties’ papers, the Court grants defendants’ Motion to Dismiss and denies…