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Gabriel F. Nagy v. Harris M. Dewese

February 23, 2011

GABRIEL F. NAGY, PLAINTIFF,
v.
HARRIS M. DEWESE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 23rd day of February, 2011, upon consideration of plaintiff's motion for summary judgment against defendants Harris DeWese, Compass Capital Partners, Ltd., and Morgan Stanley Smith Barney LLC on Count I, and against defendant Morgan Stanley Smith Barney on Count III (docket no. 47); defendant Morgan Stanley Smith Barney's motion for summary judgment on Counts I and III (docket no. 48); and the responses and replies thereto, IT IS HEREBY ORDERED that

(1) plaintiff's motion for summary judgment (docket no. 47) is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED against defendant Harris DeWese as to liability only on Count I and DENIED in all other respects against all defendants;

(2) defendant Morgan Stanley Smith Barney's motion for summary judgment (docket no. 48) is GRANTED IN PART AND DENIED IN PART. The motion is DENIED to the extent that plaintiff's claim under Count I seeks to impose liability as a co-fiduciary under section 405 of ERISA, and GRANTED in all other respects;

(3) trial of the remaining issues is scheduled for May 2, 2011, at 10:00 a.m.

William H. Yohn Jr., Judge

20110223

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