Young v. Deloitte & Touche, LLP

van Gestel, J.

This matter is before the Court on a motion by the defendant, Deloitte & Touche LLP (“Deloitte”), pursuant to Mass.R.Civ.P. Rules 9(b) and 12(b)(6),1 to dismiss the Third Amended Complaint. The motion originally was filed in the United States District Court for the District of Massachusetts. On February 25, 2004, and before argument on the motion, the case was transferred to this Court following the dismissal of some, and withdrawal thereafter of the remaining, federal securities law claims.

The plaintiff, James R. Young, is Trustee (the “Trustee”) of the NutraMax Litigation…