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NEW YORK LIFE INSURANCE COMPANY v. NIVENS

Civil Action No. 3:14-CV-00196-GCM.

NEW YORK LIFE INSURANCE COMPANY, Plaintiff, v. CECIL NIVENS, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

November 5, 2014.

Attorney(s) appearing for the Case

New York Life Insurance Company, Plaintiff, represented by Heather C. White , Smith Moore LLP.

Cecil Nivens, Defendant, represented by William K. Diehl, Jr. , James, McElroy & Diehl.

Cecil Nivens, Counter Claimant, represented by William K. Diehl, Jr. , James, McElroy & Diehl.

New York Life Insurance Company, Counter Defendant, represented by Heather C. White , Smith Moore LLP.

ORDER

GRAHAM C. MULLEN, District Judge.

THIS MATTER is before the Court on Plaintiff's Motion to Dismiss Defendant's Counterclaim Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, filed July 23, — (Doc. No. 9). Defendant has not filed a response, and the allotted time in which to do so has passed. For the reasons set forth below, Plaintiff's Motion is GRANTED.

I. BACKGROUND

Plaintiff filed...

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