Shapiro v. Fidelity Investments Institutional Operations Company, Inc.

Justia Dockets & Filings Sixth Circuit Kentucky Eastern District Shapiro v. Fidelity Investments Institutional Operations Company, Inc.

Shapiro v. Fidelity Investments Institutional Operations Company, Inc.

Plaintiff:	Mark Shapiro
Defendant:	Fidelity Investments Institutional Operations Company, Inc.
Case Number:	2:2014cv00143
Filed:	August 1, 2014
Court:	US District Court for the Eastern District of Kentucky
Office:	Covington Office
County:	Kenton
Presiding Judge:	PSO
Presiding Judge:	David L. Bunning
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1001
Jury Demanded By:	None

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Date Filed	Document Text
August 27, 2015	Filing 32 ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Magistrate Judge's R&R 26 is ADOPTED as findings of fact and conclusions of law EXCEPT as it pertains to the recommendation that plaintiff failed to exhaust administrative remedi es. Although the Court sustains Shapiro's objection that exhausting administrative remedies would be futile, the Court finds that Shapiro's claim fails to state a claim upon which relief can be granted. 2) Defendant's motion to dismiss amended complaint 11 is GRANTED. 3) Plaintiff's motion for leave to file second amended complaint 15 is DENIED WITH PREJUDICE. 4) Defendant's alternative motion to dismiss plaintiff's second amended complaint 25 is DENIED AS MOOT. 5) This matter is DISMISSED and STRICKEN from the docket. Signed by Judge David L. Bunning on 8/27/2015.(TJZ)cc: COR, Mark Shapiro via US Mail

Date Filed

Document Text

August 27, 2015

Filing 32 ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Magistrate Judge's R&R 26 is ADOPTED as findings of fact and conclusions of law EXCEPT as it pertains to the recommendation that plaintiff failed to exhaust administrative remedi es. Although the Court sustains Shapiro's objection that exhausting administrative remedies would be futile, the Court finds that Shapiro's claim fails to state a claim upon which relief can be granted. 2) Defendant's motion to dismiss amended complaint 11 is GRANTED. 3) Plaintiff's motion for leave to file second amended complaint 15 is DENIED WITH PREJUDICE. 4) Defendant's alternative motion to dismiss plaintiff's second amended complaint 25 is DENIED AS MOOT. 5) This matter is DISMISSED and STRICKEN from the docket. Signed by Judge David L. Bunning on 8/27/2015.(TJZ)cc: COR, Mark Shapiro via US Mail

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Plaintiff: Mark Shapiro
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Defendant: Fidelity Investments Institutional Operations Company, Inc.
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