Estate of Migliaccio v. Midland National Life Insurance

Proceedings: MIDLAND NATIONAL LIFE INSURANCE COMPANY’S AND SAMMONS FINANCIAL GROUP, INC’S MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION; ALTERNATIVE MOTION TO STAY CASE; ALTERNATIVE MOTION TO STRIKE ALLEGATIONS FROM COMPLAINT (filed March 24, 2006)

PLAINTIFFS’ MOTION TO STRIKE UNSUPPORTED FACTUAL ASSERTIONS OFFERED IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS (filed April 17, 2006)

I. BACKGROUND

Plaintiffs Estate of John G. Migliaccio, Carmen Migliaccio (“Carmen”) (collectively, the “Migliaccio plaintiffs”) and Robert D. Kaiser filed this class action case on February 17, 2006, against defendants Midland National Life Insurance Company (“Midland”) and its parent companies Sammons Financial Group, Inc. and Sammons Enterprises, Inc. (collectively, “defendants”) alleging claims for (1) violation of the Racketeer Influenced and Corrupt Organizations Acts (“RICO”); (2) Elder Abuse; (3) Unlawful, Deceptive and Unfair Business Practices; (4) Unlawful, Deceptive and Misleading Advertising; (5) Breach of Fiduciary Duty; (6) Aiding and Abetting Breach of Fiduciary; (7) Fraud; (8) Negligent Misrepresentation; (9) Fraudulent Inducement; and (10) Unjust Enrichment and…