Opinion
CIVIL ACTION NO. 11-2893 (JEI/KMW)
08-20-2012
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 ERISA-covered employee benefit plans, Plaintiffs, v. FIDELITY MANAGEMENT TRUST COMPANY and FIDELITY INVESTMENTS INSTITUTIONAL OPERATIONS COMPANY, Defendants.
SZAFERMAN, LAKIND, BLUMSTEIN, BLADER & LEHMANN, PC Arnold Carl Lakind, Mark A. Fisher and Robert Lawrence Lakind Quakerbridge Executive Center and LEVY PHILLIPS KONINGSBERG Danielle Disporto and Moshe Maimon Counsel for Plaintiffs GRAHAM CURTIN, PA Thomas Curtin and George C. Jones Counsel for Defendants
HONORABLE JOSEPH E. IRENAS
ORDER GRANTING MOTION TO
DISMISS (Dkt. No. 18)
APPEARANCES:
SZAFERMAN, LAKIND, BLUMSTEIN, BLADER & LEHMANN, PC
Arnold Carl Lakind, Mark A. Fisher and Robert Lawrence Lakind
Quakerbridge Executive Center
and
LEVY PHILLIPS KONINGSBERG
Danielle Disporto and Moshe Maimon
Counsel for Plaintiffs
GRAHAM CURTIN, PA
Thomas Curtin and George C. Jones
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.
_____________
JOSEPH E. IRENAS , S.U.S.D.J.