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BURNS v. RICE

No. 98-233-Civ-J-21-A.

39 F.Supp.2d 1350 (1998)

Thomas S. BURNS, Jr., on behalf of himself and all others similarly situated and on behalf of the Barnett Employee Savings & Thrift Plan, Plaintiffs, v. Charles E. RICE, Thompson L. Rankin, Jack B. Critchfield, Rita Bornstein, Remedios Diaz Oliver, Frederick H. Schultz, James L. Broadhead, Alvin R. Carpenter, Stewart Turley, Clarence V. McKee, Marshall M. Criser, and John A. Williams, Defendants.

United States District Court, M.D. Florida, Jacksonville Division.

December 10, 1998.

Attorney(s) appearing for the Case

Robert J. Winicki, Donald W. Weidner, Winicki Law Firm, Jacksonville, FL, for plaintiffs.

David M. Wells, McGuire, Woods, Battle & Boothe, LLP, Jacksonville, FL, Theodore N. Mirvis, Rachelle Silverberg, Wachtell, Lipton, Rosen & Katz, New York City, for defendants.

ORDER

NIMMONS, District Judge.

This cause comes before the Court on Defendant's Motion to Dismiss (Dkt.31), Plaintiff's Opposition (Dkt.34) thereto, and Defendants' authorized Reply (Dkt.52) thereto.

I. Motion to Dismiss Standard

It is well established that "a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would not be entitled to recover under any state of...

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