Member Services, Inc. et al v. Security Mutual Life Insurance Company of New York et al

Filing 280

DECISION AND ORDER Pltfs' Motion to strike documents [dkt #233] is denied; Security Mutual's Motion for summary judgment [dkt # 219] is granted in part and denied in part. The motion is granted in that the breach of fiduciary relationship c laim [fourth cause of action] and the tortious interference with business relationships and prospects claim [seventh cause of action] against Security Mutual are dismissed en toto. The breach of implied duties of good faith and fair dealing claim [f ifth cause of action] is dismissed only to extent that the claim is premised upon the allegation that Security Mutual breached this duty by terminating the worksite general agent's contract. The motion is denied in all other respects; Pltfs' ; Motion for partial summary judgment [dkt # 226] is denied; Schmitt-Sussman's Motion for summary judgment [dkt # 215] is granted in all respects, and all claims against Schmitt-Sussman are dismissed; Pltfs' Motion to exclude testimony of G ary L. Tinkel [dkt # 212] is denied; Security Mutual's motion to exclude Pltfs' expert witnesses is granted in part and denied in part. The motion is granted in that the testimony of John Cosgrove is precluded. The motion is denied with lea ve to renew as to Michael R. Elliott on the issue of Mr. Elliott's testimony regarding the SEGSoft program. The Court refers to Mag. Judge Peebles the limited issue of determining whether the SEFSoft program was properly certified either by initial disclosure or by some later disclosure allowed under Mag. Judge Peebles's discovery order(s). The motion is also denied with leave to renew as to Michael M. Krieger. Signed by Senior Judge Thomas J. McAvoy on 9/30/10. (sfp, )