Opinion
Civ. No. 03-1214 (DRD).
September 14, 2004
ORDER
Defendants have moved for dismissal of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). In the course of briefing the motion, Plaintiffs moved for leave to file a surreply. Notice having been given to all parties, on the basis of the submissions and arguments of counsel, and for the reasons set forth in the Court's Opinion of even date,
IT IS on this 14th day of September, 2004 ORDERED as follows:
1. Plaintiffs' motion for leave to file their surreply is GRANTED.
2. Defendants' motion for dismissal of the Complaint is GRANTED with respect to claims for monetary relief under § 1132(a)(3) and with respect to claims under 29 U.S.C. § 1106 alleging prohibited transactions.
3. Defendants' motion is DENIED in all other respects.