Morgan et al v. The Antioch Company Litigation Trust Company

Filing 130

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS (Doc. 120 ). Signed by Judge Timothy S. Black on 4/1/2013. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
THE ANTIOCH COMPANY
LITIGATION TRUST,
Plaintiff,

Case No. 3:10-cv-156

vs.
Judge Timothy S. Black
LEE MORGAN, et al.,
Defendants.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS (Doc. 120)
This civil action is before the Court on Defendants Kim Lipson-Wilson, Stephen
Bevelhymer, Karen Felix, and G. Robert Morris’s (collectively “Defendants”) motion to
dismiss (Doc. 120) and Plaintiff’s memorandum in opposition (Doc. 128). 1
Defendants seeks dismissal of Count Seven (Lipson-Wilson, Bevelhymer, and
Felix) and County Nine (Morris and Lipson-Wilson) for aiding and abetting breach of
fiduciary duty. In its Order granting Defendants’ motion for reconsideration (Doc. 71),
the Court ruled that the opinion of the Supreme Court of Ohio in DeVries Dairy, LLC v.
White Eagle Coop. Ass’n, 974 N.E.2d 1194 (Ohio 2012), invalidated a cause of action for
aiding and abetting breach of fiduciary duty under Ohio law. That ruling applies to the
cause of action asserted against Defendants in Counts Seven and Nine.

1

While Plaintiff opposes the motion, it acknowledges that this Court has previously held that
Ohio law does not recognize a cause of action for aiding and abetting breach of fiduciary duty,
and, absent a reconsideration of the Order, the Court’s previous ruling applies to Defendants.
(Doc. 128 at 1-2).

Accordingly, Defendants Lipson-Wilson, Bevelhymer, Felix, and Morris’s motion
to dismiss Counts Seven and Nine for aiding and abetting breach of fiduciary duty (Doc.
120) is GRANTED.
IT IS SO ORDERED.

Date: 4/1/13

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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