DANZA v. FMR LLC

Filing 37

ORDERED that Deft's 18 Motion to Dismiss is GRANTED. Pltf is GRANTED leave to file a MOTION TO AMEND COMPLAINT w/in 30 days, etc. The Clerk shall CLOSE this case. Signed by Judge Joseph E. Irenas on 8/20/2012. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

NICHOLAS DANZA, individually
and on behalf of defined
contribution plans that used
Defendants as their qualified
domestic relations order
service provider and all
similarly situated
beneficiaries of such ERISAcovered employee benefit
plans,

HONORABLE JOSEPH E. IRENAS
CIVIL ACTION NO. 11-2893
(JEI/KMW)
ORDER GRANTING MOTION TO
DISMISS (Dkt. No. 18)

Plaintiffs,
v.
FIDELITY MANAGEMENT TRUST
COMPANY and FIDELITY
INVESTMENTS INSTITUTIONAL
OPERATIONS COMPANY,
Defendants.

APPEARANCES:
SZAFERMAN, LAKIND, BLUMSTEIN, BLADER & LEHMANN, PC
Arnold Carl Lakind, Mark A. Fisher and Robert Lawrence Lakind
Quakerbridge Executive Center
101 Grovers Mill Road
Suite 200
Lawrenceville, NJ 08648
and
LEVY PHILLIPS KONINGSBERG
Danielle Disporto and Moshe Maimon
101 Grovers Mill Road
Suite 200
Lawrenceville, NJ 08648
Counsel for Plaintiffs
GRAHAM CURTIN, PA
Thomas Curtin and George C. Jones
4 Headquarters Plaza
PO Box 1991
1

Morristown, NJ 07962
Counsel for Defendants
IRENAS, Senior District Judge:
This matter having appeared before the Court upon
Defendants’ Motion to Dismiss (Dkt. Nos. 18); the Court having
reviewed the parties’ submissions; the Court having held oral
argument on August 10, 2012; and for good cause appearing;

IT IS on this

20th

day of August, 2012,

ORDERED THAT:
(1) Defendant’s Motion to Dismiss is hereby GRANTED.
(2) Plaintiff is hereby granted leave to file a motion to
amend the Complaint within 30 days. If Plaintiff chooses to
file such a motion, he shall annex a copy of the proposed
amendment thereto.
(3) The Clerk of Court is directed to close this file.

/s/ Joseph E. Irenas
JOSEPH E. IRENAS, S.U.S.D.J.

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