X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

Commercial Litigation / bankruptcy boutique firm with work in NJ and NY looking for a full time and/or part time attorney with experience in...


Apply Now ›

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›