Elhouty

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. 35)

I. INTRODUCTION

Plaintiff Kamies Elhouty (“Elhouty” or “Plaintiff’) filed this action in Kern County Superior Court on March 19, 2014, seeking a declaration that a Flexible, Premium Adjustable Life Insurance Policy on the life of Salim Friwat (Policy No. 01N1288753) (the “Policy”) with a Face Amount of $2,000,000 issued by Defendant Lincoln Benefit Life Company (“Lincoln Benefit” or “Defendant”) did not lapse. Doc. 1. Defendant removed the single-count complaint on the basis of diversity jurisdiction. Id.

Before the Court for decision is Lincoln Benefit’s motion for summary judgment on Plaintiffs sole claim in which Lincoln Benefit argues that the undisputed facts establish that the Policy lapsed and, more specifically, that Lincoln Benefit complied with the notice requirements of the Policy. Doc. 35. Plaintiff filed an opposition in which he claims that the Policy did not lapse because Lincoln Benefit did not comply with the Policy’s notice requirements. Doc. 37. In the alternative, Plaintiff requests a continuance of this motion to permit further discovery. Id. at 11-14. Defendant…