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IN RE LEHMAN BROTHERS SECURITIES AND ERISA LITIGATION

No. 09 MD 2017 (LAK).

In re: LEHMAN BROTHERS SECURITIES AND ERISA LITIGATION This document applies to: 10 Civ. 8631 (LAK).

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

December 3, 2012.

Attorney(s) appearing for the Case

David Pastor, GILMAN AND PASTOR LLP, Gregory M. Egleston, BERNSTEIN LEIBHARD, LLP, Timothy J. McFall, RIGRODSKY & LONG, P.A., Attorneys for Plaintiffs.

James S. Dittmar, James O. Fleckner, Chelsea W. Teachout, GOODWIN PROCTER LLP, Attorneys for Defendant Fidelity Management Trust Company.

MEMORANDUM OPINION

(Losciavo — Fidelity Management Trust Motion to Dismiss)

LEWIS A. KAPLAN, District Judge.

Plaintiffs, participants in The Lehman Brothers Savings Plan (the "Plan"), here purport to bring a state law breach of fiduciary duty claim against Fidelity Management Trust Company ("Fidelity"), the Plan trustee. They contend that Fidelity improperly has failed to sue Ernst & Young, the outside auditor for Lehman Brothers...

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