Brown et al

Filing 206

ORDER granting in part and denying in part 180 Motion to Dismiss Signed by Chief Judge David C Norton on 11/2/10.(kozi, )

-BM Brown et al v Charles Schwab & Co Inc

Doc. 206

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION ) Richard Brown, Louis C. Mancuso, and ) Robert J. Brinson, individually and on ) behalf of all persons similarly situated, ) ) Plaintiffs, ) ) vs. ) ) Charles Schwab & Co., Inc., ) ) Defendant/ ) Third-Party Plaintiff, ) ) vs. ) ) Robert B. Pearlman, and Pearlman & ) Pearlman, Attorneys at Law, P.C., ) ) Third-Party Defendants. ) ______________________________________ )

Civil No. 2:07-CV-3852-DCN

ORDER

This matter is before the court on third-party defendants' motion to dismiss defendant's/third-party plaintiff's complaint pursuant to Federal Rules of Civil Procedure 8(a), 9(b), and 12(b)(6). Plaintiffs filed a lawsuit against defendant/third-party plaintiff Charles Schwab & Co., Inc. ("Schwab"), alleging that Schwab violated the South Carolina Uniform Securities Act through its dealings with Albert E. Parish ("Parish"). Schwab, in turn, filed a third-party complaint against third-party defendants Robert B. Pearlman and his law firm, asserting the following causes of action: (1) indemnification, (2) contribution, (3) professional malpractice, (4) negligent misrepresentation, (5) deceit, and (6) negligence. 1

Dockets.Justia.com

Having thoroughly considered the parties' written and oral submissions in light of the standard set forth in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), the court GRANTS third-party defendants' motion to dismiss Schwab's professional malpractice claim, without prejudice, as a result of Schwab's failure to contemporaneously file an affidavit of an expert witness with its complaint as required by South Carolina Code of Laws § 1536-100(B). The court DENIES third-party defendants' motion to dismiss as to all remaining claims. AND IT IS SO ORDERED.

________________________________________ DAVID C. NORTON CHIEF UNITED STATES DISTRICT JUDGE November 2, 2010 Charleston, South Carolina

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