Krohnengold v. New York Life Insurance Company et al

Filing 173

MEMO ENDORSED ORDER granting 172 Motion to Substitute Party. ENDORSEMENT: Application GRANTED. The Court expresses its condolences to Ms. Laurence on the passing of Mr. Krohnengold. The Clerk of Court is directed to update the docket and to ter minate ECF No. 172. SO ORDERED. Amy Laurence added. Stuart Krohnengold (as representative of a class of similarly situated persons, and on behalf of the New York Life Insurance Employee Progress Sharing Investment Plan, and the New York Life Insurance Company Agents Progress Sharing Plan) terminated. (Signed by Judge Jesse M. Furman on 2/6/2024) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------Stuart Krohnengold, Wayne Antoine, Lee
Webber, Anthony Medici, Joseph Bendrihem,
Larry Gilbert, Rafael Musni, Thomas Lantz,
Sandra Scanni, and Claudia Gonzalez, as
representatives of a class of similarly situated
persons, and on behalf of the New York Life
Insurance Employee Progress Sharing
Investment Plan, and the New York Life
Insurance Company Agents Progress Sharing
Plan,

Case No. 1:21-cv-01778 - JMF

Plaintiffs,
v.
New York Life Insurance Company; the
Fiduciary Investment Committee; the Board
of Trustees; Katherine O’Brien; Anthony R.
Malloy; Yie-Hsin Hung; Arthur A. Seter;
Scott L. Lenz; Robert J. Hynes; and John and
Jane Does 1-20,
Defendants.
------------------------------------PLAINTIFFS’ CONSENT MOTION TO SUBSTITUTE PARTY FOR PLAINTIFF
STUART KROHNENGOLD
Plaintiffs, by and through undersigned counsel, hereby move pursuant to Federal Rule of
Civil Procedure 25(a)(1) to substitute Amy Laurence for deceased Plaintiff Stuart Krohnengold.
In support of this motion, Plaintiffs state as follows:
1.

Plaintiff Stuart Krohnengold (Mr. Krohnengold) passed away on January 11, 2024.

2.

Proposed substitute Plaintiff Amy Laurence (Ms. Laurence) is Mr. Krohnengold’s

wife, and the beneficiary of his account in the New York Life Insurance Employee Progress
Sharing Investment Plan.
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3.

Ms. Laurence wishes to serve as a substitute party for her husband, and has retained

undersigned counsel for that purpose. Ms. Laurence has acknowledged her duties as a class
representative in this action and has signed a Duties of Class Representative form similar to the
one previously signed by Mr. Krohnengold. See ECF 119-1.
4.

Where a party dies and the claim is not extinguished (as here), the Federal Rules of

Civil Procedure allow for the substitution of a proper party within 90 days after service of a
statement noting the death. See Fed. R. Civ. P. 25(a)(1).
5.

Defendants do not oppose the substitution of Ms. Laurence for Mr. Krohnengold,

and confirm her status as the surviving beneficiary of Mr. Krohnengold’s account.
WHEREFORE, Plaintiffs respectfully request that the Court approve the substitution of
Amy Laurence for Stuart Krohnengold.
Dated: February 5, 2024

Respectfully submitted,

Application GRANTED. The Court
expresses its condolences to Ms. Laurence
on the passing of Mr. Krohnengold. The
Clerk of Court is directed to update the
docket and to terminate ECF No. 172.
SO ORDERED.

February 6, 2024

/s/ Kai Richter
Kai H. Richter (admitted Pro Hac Vice)
Jacob T. Schutz (admitted Pro Hac Vice)
Eleanor Frisch (admitted Pro Hac Vice)
Cohen Milstein Sellers & Toll PLLC
400 South Fourth Street # 401-27
Minneapolis, MN 55415
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Michelle C. Yau (admitted Pro Hac Vice)
Daniel R. Sutter (admitted Pro Hac Vice)
Caroline E. Bressman (admitted Pro Hac Vice)
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave. NW ● Fifth Floor
Washington, DC 20005
Tel: [phone]

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Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Michael Eisenkraft (NY. Bar No. 664737)
Cohen Milstein Sellers & Toll PLLC
88 Pine Street ● 14th Floor
New York, New York 10005
Tel: [phone]
Fax: [phone]
[e-mail]

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