HARVEY A. KALAN, M.D., INC. et al v. KORESKO FINANCIAL LP et al

Filing 147

ORDER THAT DEFENDANTS' MOTION IS GRANTED AS TO (1) PLAINTIFFS' ERISA CLAIMS; (2) PLAINTIFFS' RICO CLAIMS, WHICH CLAIMS ARE HEREBY DISMISSED. THE PARTIES' MOTIONS ARE DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/12/22. 8/12/22 ENTERED AND COPIES E-MAILED.(mbh)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HARVEY A. KALAN, M.D., INC.,
HARVEY KALAN, DEBORAH KALAN,
Plaintiffs,

CIVIL ACTION

v.
NO. 14-5216
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY and
JEFFERSON-PILOT LIFE INSURANCE
COMPANY,
Defendants.
ORDER
AND NOW, this 12th day of August, 2022, upon consideration of Plaintiffs’ Motion for
Partial Summary Judgment (ECF No. 128), Defendants’ Cross-Motion for Summary Judgment
and Opposition to Plaintiffs’ Motion (ECF Nos. 132, 136), Plaintiffs’ Brief in Opposition to
Defendants’ Motion and in Support of its Motion (ECF No. 137-39), Defendants’ Reply Brief in
Further Support of its Motion (ECF No. 142), and the Parties’ Joint Appendix in support of their
Motions (ECF No. 145), IT IS HEREBY ORDERED as follows:
1. Defendants’ Motion is GRANTED as to: (1) Plaintiffs’ ERISA Claims under 29 U.S.C. §
1132(a)(3); (2) Plaintiffs’ RICO Claims under 18 U.S.C. § 1962(c) and 18 U.S.C. §
1962(d), which claims are HEREBY DISMISSED.
2. The Parties’ Motions are DENIED in all other respects.
BY THE COURT:

/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.