Free Proposed Order - District Court of California - California

Case 3:08-cv-01064-SC

Document 13

Filed 03/21/2008

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Bingham McCutchen LLP JOHN D. PERNICK (SBN 155468) [email protected] NIMA E. SOHI (SBN 233199) [email protected] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 Attorneys for Defendants JPMorgan Chase & Co., and JPMorgan Compensation and Benefit Strategies UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 SHARTSIS FRIESE LLP, 13 Plaintiff, 14 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28
A/72474392.3/0803142-0000331170 No. C 08-01064 SC

No. C 08-01064 SC [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS UNDER F.R.C.P. 12(b)(6)

v. JP MORGAN CHASE & CO., JP MORGAN COMPENSATION AND BENEFIT STRATEGIES as Successor in Interest of CCA STRATEGIES LLC and CHICAGO CONSULTING ACTUARIES, LLC and DOES 1-10,

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS UNDER F.R.C.P. 12(b)(6)

Case 3:08-cv-01064-SC

Document 13

Filed 03/21/2008

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Defendants JPMorgan Chase & Co. and JPMorgan Compensation and Benefit Strategies' (collectively "JPMorgan") Motion to Dismiss Under Federal Rule of Civil Procedure ("Rule") 12(b)(6) came on regularly for hearing on May 9, 2008, with all parties represented by counsel of record. Pursuant to Rule 12(b)(6), JPMorgan moved to dismiss the Third Claim for Relief for negligent misrepresentation and the Fourth Claim for Relief for breach of fiduciary duty made in the Complaint filed by Plaintiff Shartsis Friese LLP ("SF") for failure to state a claim upon which relief can be granted. SF's negligent misrepresentation claim lacks the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure. That claim also fails because SF's allegations as to falsity and justifiable reliance are deficient. SF's breach of fiduciary duty claim fails because the parties did not have a fiduciary relationship. The Court has reviewed the parties' moving, opposition and reply papers and has heard the oral argument of counsel. Good cause therefore appearing, JPMorgan's motion to dismiss SF's Third Claim for Relief for negligent misrepresentation and SF's Fourth Claim for Relief for breach of fiduciary duty is granted.

IT IS SO ORDERED.

DATED this ___ day of __________, 2008.

The Honorable Samuel Conti U.S. District Court

A/72474392.3/0803142-0000331170

No. C 08-01064 SC

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS UNDER F.R.C.P. 12(b)(6)