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  5. 964 F.Supp. 147 (1997)
 

A. RONALD SIRNA, JR., P.C. v. PRUD. SECURITIES, INC.

Nos. 95 Civ. 8422 (LAK), 95 Civ. 9016 (LAK).

964 F.Supp. 147 (1997)

A. RONALD SIRNA, JR., P.C. PROFIT SHARING PLAN and Edith Rock, etc., Plaintiffs, v. PRUDENTIAL SECURITIES, INC., Defendant.

United States District Court, S.D. New York.

June 3, 1997.

Attorney(s) appearing for the Case

Daniel W. Krasner, Fred Taylor Isquith, Peter C. Harrar, Robert Abrams, Wolf Haldestein Adler Freeman & Herz, L.L.P., Christopher Lovell, Lovell & Skirnick, New York City, for Plaintiffs.

A.R. Pietrzak, Judith Welcom, Madeleine J. Dowling, Vincent G. Bradley, Brown & Wood, L.L.P., New York City, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

This purported class action complaint contends that Prudential Securities, Inc. ("PSI") was a fiduciary under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. ("ERISA"), and that it breached its fiduciary duty by failing to "sweep" unencumbered cash in the principal plaintiff's brokerage account into a money market fund as quickly as it was technologically capable of doing so, thereby...

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