Novick et al v. Bankers Life Insurance Company of New York et al, No. 2:2005cv03085 - Document 42 (E.D.N.Y. 2006)

Court Description: MEMORANDUM AND OPINION; Bankers Life's motion for reconsideration is GRANTED, and, upon reconsideration, the order remanding the case is vacated. The court will separately consider and decide plaintiffs' alternative argument-that the actio n must be remanded because their claims do not fall within ERISA. Given that the remand order is vacated, plaintiffs' request for expenses, including attorney's fees, is denied without prejudice. The Clerk of Court is directed to terminate the motions.. Ordered by Judge Leonard D. Wexler on 8/21/06. cm(Mierzejewski, Elizabeth)