In re: AXA Equitable Life Insurance Company

Background

The document relates only to No. 16 Civ. 740. Counsel for the class plaintiffs notified the court under Federal Rule of Civil Procedure 25(a)(1) that Allen Dyer had died. Mr. Dyer had been a plaintiff since March 16, 2018, trustee of the Currie Children Trust, and a class representative for the Nationwide Contract Class and Nationwide Section 4226 Class. He also pursued individual claims for alleged violations of California’s Elder Abuse and Dependent Civil Protection Act and California’s Unfair Competition Law alongside Barbara Currie, as personal representative of the estate of Malcolm Currie.

The Currie Children Trust owned an AUL II policy identified in the filing as Policy No. 156220683, with a face amount of $4,200,000. The filing stated that the Trust’s class and individual claims were brought through Mr. Dyer as trustee and could continue for the Trust’s benefit through a successor trustee. The Trust’s living beneficiaries designated Mary J. McDonough as successor trustee.

Request and response

Counsel requested that “Mary J. McDonough, as trustee of the Currie Children Trust” be substituted for “Allen Dyer, as trustee of the Currie Children Trust” as plaintiff and class representative. Counsel certified that the defendant did not oppose the substitution, without prejudice to any defenses the defendant might assert.

Ruling

Judge Jesse Furman directed the Clerk of Court to substitute Mary J. McDonough, as trustee of the Currie Children Trust, for Allen Dyer, as trustee of the Currie Children Trust, as plaintiff and class representative. The order stated that the substitution would allow the Trust’s class and individual claims to proceed.