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14-3202 - David Blau, Trustee of the Zupnick Family Trust 2008 C v. Allianz Life Insurance Company of North America


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14-3202 - David Blau, Trustee of the Zupnick Family Trust 2008 C v. Allianz Life Insurance Company of North America
August 17, 2015
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MEMORANDUM & ORDER: Allianz North America's 14 Motion to Dismiss the Complaint is GRANTED WITHOUT PREJUDICE for failure to state a claim. The court DIRECTS Blau to take the following actions, if he chooses: By September 18, 2015, (1) electronically file an amended complaint addressing the deficiencies in the original Complaint, and (2) request a signed summons from the Clerk of Court by submitting with the amended complaint a proposed Summons in a Civil Action, see Fed. R. Civ. P. 4(a)(l), (b). Within fourteen (14) days of receiving the signed summons from the Clerk of Court, serve the signed summons and amended complaint on Allianz North America in compliance with Federal Rule of Civil Procedure 4(h)(l)(A) or (B). Alternatively, should Blau seek to request a waiver of service from Allianz North America pursuant to Federal Rule of Civil Procedure 4(d)(l), he must request the waiver from Allianz North America within fourteen (14) days of receiving the signed summons from the Clerk of Court. Within forty-five (45) days of receiving the signed summons from the Clerk of Court, electronically file proof of service, or electronically file a letter informing the court that Allianz North America has waived service under Rule 4(d). So Ordered by Judge Nicholas G. Garaufis on 8/17/2015. (Lee, Tiffeny)
February 16, 2018
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MEMORANDUM & ORDER, The court GRANTS Defendant's 43 Motion for Summary Judgment and DENIES Plaintiff's 40 Motion for Summary Judgment. The Clerk of Court is respectfully directed to enter judgment and close the case. So Ordered by Judge Nicholas G. Garaufis on 2/15/2018. (fwd'd for jgm) (Lee, Tiffeny)