Old Slip Benefits & Insurance Services, LLC v. Allstate Insurance Company

Opinion

USDC SDNY UNITED STATES DISTRICT COURT | ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK 4 . x {DOC __ eee eee eee eee eee eee q 7 . OLD SLIP BENEFITS & INSURANCE : {DATE FILED: SERVICES, LLC, : SS □□ Plaintiff, : ORDER v. : ALLSTATE INSURANCE COMPANY, 29 CV 1110 (VB) ALLSTATE FINANCIAL SERVICES, LLC : Defendants. : ee nee ene nt newer ween □□□ ee nee ee eee nese X On April 13, 2026, defendants moved to strike two sets of materials that plaintiff submitted at summary judgment: (i) portions of three declarations from James Lukezic (Docs. ## 109, 131, and 146), and (ii) plaintiff’s separate Rule 56,1 Statement filed in opposition to defendants’ motion for summary judgment (Doc.# 126). The Court will decide the pending summary judgment motion in due course, disregarding any materials contained in the declarations and counterstatement that are improper under the Federal Rules. See, e.g., Heiden v. New York City Health & Hosps. Corp., 2023 WL 171888, at *2 n.2 (S.D.N.Y. Jan. 11, 2023) (“To the extent that Plaintiff has made assertions that are improper—e.g., 1f they lack support in admissible evidence, advance improper legal argument or conclusory assertions, or are otherwise immaterial—the Court will disregard such statements.”’). The Court will only consider relevant evidence that is admissible. Fed, R. Civ. P, 56(c). Accordingly, defendants’ motion to strike is DENIED as moot. The Clerk is instructed to terminate the motion. (Doc. #149). Dated: May 13, 2026 White Plains, NY SO ORDERED Reve Vincent L. Briccetti United States District Judge