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14-5726 - New York Life Insurance Company v. Singh et al


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14-5726 - New York Life Insurance Company v. Singh et al
April 12, 2016
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ORDER ADOPTING 61 REPORT AND RECOMMENDATION re 38 First MOTION to Intervene by the Estate, First MOTION for Joinder / Third-Party Action, First MOTION to Amend/Correct/Supplement Second Amended Answer filed by Shukti Singh. Singh's motion seeking leave for the Estate to intervene and for Singh and the Estate to file a second amended answer and third-party complaint is denied. As Judge Gold recognized, the counterclaims and cross- claims in Singh's existing first amended answer are arguably subject to dismissal for some of the same reasons warranting denial of leave as to the proposed amendment. I therefore Order Singh to Show Cause why her pending counterclaims and cross-claims should not be dismissed and why the death benefits should not be paid to Sahani. I further Order Singh and Sahani to Show Cause why New York Life should not be permitted to amend its complaint to add the Estate as a defendant. The schedule will be as follows: Singh's response is due by May 2, 2016, any opposition is due by May 23, 2016 and Singh may reply by May 30, 2016. I leave to Judge Gold, in the first instance, the timing and resolution of New York Life's request that the court order deposit of the death benefits into the court's registry and dismiss New York Life from the action. Ordered by Judge Nina Gershon on 4/11/2016. (Barrett, C)