NAGY v. DEWESE et al
Filing
38
ORDER THAT MOTION OF DEFTS HARRIS DE WESE & COMPASS CAPITAL PARTNERS, LTD. FOR JUDGMENT ON THE PLEADINGS AS TO COUNT II IS DISMISSED AS MOOT; DEFT MORGAN STANLEY SMITH BARNEY'S MOTION TO DISMISS COUNT III IS GRANTED IN PART & DENIED IN PART, ETC. DEFT JOHN JASON BISH'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO COUNT III IS DISMISSED AS MOOT. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 4/6/10. 4/7/10 ENTERED AND COPIES E-MAILED.(kw, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GABRIEL F. NAGY, Plaintiff, v. HARRIS M. DE WESE, et al., Defendants. : : : : : : : : : : :
CIVIL ACTION NO. 09-3995
ORDER AND NOW, this _____ day of April, 2010, upon consideration of the motion to dismiss Count III of the first amended complaint filed by defendant Morgan Stanley Smith Barney, LLC (docket no. 19); defendant John Jason Bish's motion for judgment on the pleadings as to Count III (docket no. 20); the motion for judgment on the pleadings as to Count II of the first amended complaint filed by defendants Harris DeWese and Compass Capital Partners, Ltd. (docket no. 22); plaintiff's responses to the defendants' motions; and defendant Morgan Stanley Smith Barney's reply thereto, IT IS HEREBY ORDERED that (1) the motion of defendants Harris DeWese and Compass Capital Partners, Ltd. for judgment on the pleadings as to Count II (docket no. 22) is DISMISSED AS MOOT; (2) defendant Morgan Stanley Smith Barney's motion to dismiss Count III (docket no. 19) is GRANTED IN PART AND DENIED IN PART. The motion is DENIED to the extent that the claim seeks to recover for breach of fiduciary duties owed to the Compass Capital Partners Ltd. Defined Benefit Retirement
Plan (the "Plan"). The motion is GRANTED to the extent that the claim seeks to recover for breach of fiduciary duties owed to the Plan's participants; (3) defendant John Jason Bish's motion for judgment on the pleadings as to Count III (docket no. 20) is DISMISSED AS MOOT.
s/ William H. Yohn Jr., Judge William H. Yohn Jr., Judge
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