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LIBERTY LIFE ASSUR. v. TOYS "R" US, INC.

No. 93 CV 3042 (SJ).

901 F.Supp. 556 (1995)

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a fiduciary as the claims administrator to the Swezey & Newins, Inc. Group Benefits Plan and as subrogated to and assigned the rights of Charles Geisler, Plaintiff, v. TOYS "R" US, INC., Toys "R" Us Health Plan, Swezey & Newins, Inc., Charles Geisler and Pamela Geisler, Defendants.

United States District Court, E.D. New York.

September 28, 1995.

Attorney(s) appearing for the Case

Grotta, Glassman & Hoffman, P.A., Roseland, New Jersey by Jedd E. Mendelson, for Plaintiff.

Schulte Roth & Zabel, New York City by Michael S. Feldberg, Glenn E. Butash, for Defendants, Toys "R" Us, Inc. and Toys "R" Us Health Plan.

Eric J. Weiss, New York City, for Defendants, Charles Geisler and Pamela Geisler.

Pelletrau & Pelletrau, Pathcong, New York by John J. Rowe, III, for Defendant, Swezey & Newins, Inc.

MEMORANDUM AND ORDER

JOHNSON, District Judge:

INTRODUCTION

Before this Court is (1) Liberty Life Assurance Company of Boston's ("Liberty Life" or "Plaintiff") motion to amend its Complaint pursuant to Rule 21 of the Federal Rules of Civil Procedure; (2) Charles Geisler and Pamela Geisler's (the "Geislers") motion to join in Plaintiff's motion to amend the Complaint; (3) Defendants Toys "R" Us, Inc. ("Toys") and Toys "R" Us Health Plan's...

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