Equitable Life Assurance Society of the United States v. Alexander Grant & Co.

WALKER, District Judge.

Introduction

This matter is currently before the Court on defendant’s motion to dismiss the complaint under Federal Rules of Civil Procedure 9(b) and 12(b)(6). Defendant also seeks court-awarded sanctions against plaintiff under Rule 11.

Plaintiff Equitable Life Assurance Society of the United States (Equitable), brings three causes of action against Alexander Grant & Co. (Grant) arising out of the accounting firm’s alleged role as auditor of ESM Group, Inc., its subsidiaries, divisions and affiliates (ESM):(1) Equitable’s first claim alleges that Grant, in issuing…