N.Y. Life Ins. Co. v. Oldham

DECISION AND ORDER Plaintiff New York Life Insurance Company (“NYLIC”) commenced the instant action in interpleader on May 22, 2019. (Dkt. 1). Presently before the Court is a motion for summary judgment filed by defendant Cherylynn Oldham (“Cherylynn Oldham”) seeking recovery of the interpleader funds on the ground that defendant Gus Oldham (“Gus Oldham”) was responsible for the death of the decedent, barring him from recovery of the proceeds. (Dkt. 53). Gus Oldham opposes the motion. For the following reasons, the motion is denied. BACKGROUND I. Factual Background The following facts are taken from the complaint (Dkt. 1), Cherylynn Oldham’s Statement of Undisputed Material Facts submitted in support of her motion for summary judgment (Dkt. 55), and the exhibits submitted by the parties. Gus Oldham did not submit an Opposing Statement of Material Facts, and therefore the factual statements contained in Cherylynn Oldham’s statement may be “deemed admitted for purposes of the motion” if they are supported by admissible evidence in the record. See L. R. Civ. P. 56(a)(2) (“Each numbered paragraph in the moving party’s statement of material facts may be deemed admitted for purposes of the motion unless it is specifically controverted by a correspondingly numbered paragraph in [an] opposing statement.”). Although a district court should not deem unopposed facts admitted when those facts are unsupported by the record, Holtz v. Rockefeller & Co., 258 F.3d 62, 73-74 (2d Cir. 2001), a district court has discretion to deem facts admitted for lack of compliance with its local rules, see N.Y. State Teamsters Conference Pension & Ret. Fund v. Express Servs., Inc., 426 F.3d 640, 648-49 (2d Cir. 2005) (it was within district court’s discretion to deem the moving party’s statement of material facts admitted where the opposing party “offered mostly conclusory denials” and “failed to include any record citations” contrary to the district’s local rules). The Court has accepted Cherylynn Oldham’s factual assertions to the extent they are supported by the evidence of record and otherwise not directly controverted by facts and exhibits in the record. Where a fact is disputed, the Court has noted the same. Cherylynn Oldham and Gus Oldham are the children of the decedent, Cheneta Oldham (“Cheneta Oldham”). (Dkt. 55 at

1, 2). Cheneta Oldham died on December 23, 2018, in the home where she lived with Gus Oldham, as the result of multiple gunshot wounds. (Id. at