Fishman Haygood Phelps Walmsley, Willis & Swanson, L.L.P. v. State Street Corporation et alMOTION to Dismiss ComplaintD. Mass.June 22, 2009IN THE UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS FISHMAN HAYGOOD PHELPS WALMSLEY, WILLIS & SWANSON, L.L.P., and all others similarly situated, Plaintiffs, vs. STATE STREET CORPORATION, STATE STREET BANK & TRUST COMPANY, STATE STREET BANK & TRUST COMPANY OF NEW HAMPSHIRE, AND STATE STREET GLOBAL ADVISORS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO: 1:09-CV-10533-PBS. DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT Pursuant to Rules 8 and 12(b)(1) and (6) of the Federal Rules of Civil Procedure, Defendants State Street Corporation, State Street Bank & Trust Company, State Street Bank & Trust Company of New Hampshire, and State Street Global Advisors (“Defendants”), respectfully move this Court for an order dismissing the Class Action Complaint (“Complaint”). As set forth in the Memorandum of Law in Support of Defendants’ Motion to Dismiss the Complaint, and the supporting Declaration of Dawn M. Wilson, dated June 22, 2009, Plaintiff’s claims should be dismissed for the following reasons: i) Plaintiff lacks Article III standing because it has not suffered an injury-in-fact; ii) the Complaint fails adequately to state a claim that Defendants violated ERISA Sections 404 and 406; iii) State Street Corporation is not an ERISA fiduciary and did not breach duties to the Plaintiff under the Act; and Case 1:09-cv-10533-PBS Document 18 Filed 06/22/09 Page 1 of 3 iv) State Street Global Advisors, a division of State Street Bank & Trust Company, is an incorporated entity, incapable of suit in its own name. WHEREFORE, for the reasons set forth more fully in Defendants’ Memorandum of Law, Defendants request that the Court dismiss the Complaint. REQUEST FOR ORAL ARGUMENT Defendants believe that oral argument may assist the Court in deciding the issues presented by this motion. Defendants accordingly request a hearing pursuant to Local Rule 7.1(D). Dated: June 22, 2009 Respectfully submitted, s/ Lori A. Martin__________ Lori A. Martin (pro hac vice) Dawn M. Wilson (pro hac vice) Brad E. Konstandt (pro hac vice) WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10022 Telephone: 212-230-8800 Facsimile: 212-230-8888 lori.martin@wilmerhale.com Jeffrey B. Rudman (BBO # 433380) Phillipa J. Gage (BBO #664528) Manique W. Bloom (BBO # 670537) WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: 617-526-6000 Facsimile: 617-526-5000 jeffrey.rudman@wilmerhale.com Counsel for Defendants State Street Corporation, State Street Bank & Trust Company, State Street Bank & Trust Corporation of New Hampshire, and State Street Global Advisors Case 1:09-cv-10533-PBS Document 18 Filed 06/22/09 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on June 22, 2009, I caused a copy of this Document to be served electronically, via the electronic filing system, on the registered participants as identified on the Notice of Electronic Filing (NEF) and by first-class mail on those indicated as non-registered participants. /s/ Lori A. Martin Lori A. Martin Case 1:09-cv-10533-PBS Document 18 Filed 06/22/09 Page 3 of 3
