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DEXTER v. DEPOSITORY TRUST AND CLEARING CORP.

No. 04 Civ. 7510(GEL).

406 F.Supp.2d 260 (2005)

Paul DEXTER, Plaintiff, v. DEPOSITORY TRUST AND CLEARING CORP., et al., Defendants.

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

September 21, 2005.

Attorney(s) appearing for the Case

Lee Squitieri, Squitieri & Fearon, LLP, New York, NY, for Plaintiff.

Sharon C. Brooks, Alison C. Gooding, F. Joseph Warin, Melanie L. Katsur (Terri L. Reicher, of counsel), Gibson, Dunn & Crutcher LLP, New York, NY, for Defendant National Association of Securities Dealers, Inc., of counsel.

Gregg M. Mashberg, James K. Landau, Peter S. Casalino, Proskauer Rose LLP, New York, NY, for Defendants Depository Trust and Clearing Corporation and Cede & Company.

OPINION AND ORDER

LYNCH, District Judge.

In this action, plaintiff Paul Dexter charges the National Association of Securities Dealers ("NASD") with negligence and violations of section 6(b) of the Securities Exchange Act of 1934, and Depository Trust and Clearing Corporation ("DTC") and Cede & Company ("Cede") with negligence and conversion, in connection with a distribution of proceeds from a Litigation Trust. Defendants have moved to dismiss, principally...

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