LEPORACE v. NEW YORK LIFE AND ANNUITY et al

Filing 25

MEMORANDUM AND/OR OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 6) IS GRANTED AS TO PLAINTIFF'S CLAIMS FOR DENIAL OF PAST BENEFITS. DEFENDANTS SHALL USE BEST EFFORTS TO MAKE FINAL DETERMINATION ON PLAINTIFF'S PENDING CLAIM BY 1/13/2012; ETC.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/21/2011. 12/22/2011 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RALPH LEPORACE
v.
NEW YORK LIFE & ANNUITY, et al.

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CIVIL ACTION

NO. 11-2000

ORDER RE: DEFENDANTS’ MOTION
TO DISMISS PURSUANT TO RULE 12(b)(6)
AND NOW, this

21st

day of December, 2011, upon careful consideration of

Defendants’s Motion to Dismiss (ECF No. 6), the briefs submitted by both parties, the arguments
made during the hearing on October 27, 2011, and for the reasons discussed in the accompanying
Memorandum Granting Defendants’ Motion to Dismiss Claims for Disability Coverage Pursuant
to Rule 12(b)(6), it is hereby ORDERED as follows:
1.

Defendants’ motion is GRANTED as to Plaintiff’s claims for denial of past

benefits.
2.

Defendants shall use best efforts to make final determination on Plaintiff’s

pending claim by January 13, 2012. Plaintiff shall supply all relevant information.
3.

If Defendants deny or have not decided Plaintiff’s pending claim for benefits after

May 2010, Plaintiff shall have twenty-one (21) days from the date Plaintiff receives notice and
explanation of the denial, or January 13, 2012, whichever is first, to file a Second Amended
Complaint.
BY THE COURT:
s/Michael M. Baylson
Michael M. Baylson, U.S.D.J.
O:\CIVIL 11-12\11-2000 Leporace v. NY Life\Leporace Order MTD 12-21-11.wpd