X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER   Plaintiffs Robert J. Patterson, Terri Lo Sasso, and Ralph A. Colo bring this putative class action against Morgan Stanley, Morgan Stanley Domestic Holdings, Inc., Morgan Stanley & Co., LLC, the Morgan Stanley Retirement Plan Investment Committee, and a group of unnamed John Doe defendants (collectively, “Defendants”), raising various claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §1001 et seq. Now before the Court are (1) Defendants’ motion to dismiss Plaintiffs’ Second Amended Complaint, the operative pleading in this action; and (2) Plaintiffs’ motion to strike extrinsic evidence and factual assertions in exhibits filed by Defendants in support of their motion to dismiss. For the reasons set forth below, Defendants’ motion is GRANTED, and Plaintiffs’ motion is DENIED. I. BACKGROUND A. Facts Defendant Morgan Stanley “operates various investment-related businesses, including investment banking, brokerage, and investment management” services.1 (Compl. 31.) Morgan Stanley offers its employees the opportunity to invest in the Morgan Stanley 401(k) Retirement Plan, which is an “individual account,” defined- contribution plan. (Doc. No. 94-1 (the “Plan”).) Under the terms of the Plan, “[i]ndividual accounts are maintained for each Plan participant” and are “credited with the participant’s contributions, allocations of [Morgan Stanley's] contributions, and Plan earnings.” (Doc. No. 94-2 at 8.) Individual Plan participants select the investments made on their behalf from a set menu of “investment options offered by the Plan.” (Id.) The individual Plan participant’s contributions and investment choices determine the individual’s retirement benefits — “[t]he benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.” (Id.; see also Compl. 6.) Approximately 60,000 current and former employees have invested in the Plan. (Compl.

1-2, 6.) Throughout the class period, Defendants Morgan Stanley Domestic Holdings, Inc. (“MSDH”) and Morgan Stanley & Co., LLC (or its predecessor, Morgan Stanley & Co., Inc.) (“MSC”) served as the “sponsor” of the Plan. (Compl.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›