Kershaw v. New York Life Insurance Company

Background

The court stated that Plaintiff Clinton Kershaw’s attorney, William Wesley Frame, appeared to have died on August 16, 2024. The court also noted that all deadlines had previously been stayed and that Defendant New York Life Insurance Company’s unopposed motion to dismiss was pending.

The court attributed Kershaw’s failure to oppose the motion to dismiss to Frame’s illness. It therefore granted Kershaw leave to retain new counsel under a procedure set out in the order.

Court’s Orders

The court ordered New York Life to search its records for Kershaw’s contact information and attempt to serve him with the order by physical mail or email. New York Life had to file a letter by June 2, 2025, describing its efforts to serve him.

The court also stayed the action until June 23, 2025. During that period, Kershaw could either retain new counsel and oppose the pending motion to dismiss or choose to proceed without a lawyer. The court stated that, if it treated the motion as unopposed, it would independently review the complaint and applicable law before deciding whether to grant or deny the motion.

Disposition

Judge Broderick stayed the action and granted Kershaw an opportunity to obtain new counsel or proceed without one. The order did not grant or deny the pending motion to dismiss.