Nagy v. DeWese

MEMORANDUM

YOHN, District Judge.

Plaintiff, Gabriel F. Nagy, seeks to recover the assets of the Compass Capital Partners Ltd. Defined Benefit Retirement Plan (the “Plan”). Plaintiff contends that the Plan’s assets were misappropriated by defendants Harris M. DeWese (“DeWese”), the Plan administrator, and Compass Capital Partners, Ltd. (“Compass”), the Plan’s sponsor, and that Morgan Stanley Smith Barney LLC (“Smith Barney”) facilitated their misappropriation. Plaintiff asserts claims for breach of fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §…