Crowell v. Morgan Stanley Dean Witter Services, Co.

ORDER PARTIALLY GRANTING AND DENYING MOTION TO DISMISS

RYSKAMP, District Judge.

THIS CAUSE came before the Court on defendants’ motion to dismiss. [DE 37] Plaintiff has responded and the defendants have replied. Oral argument was heard in open court on January 13, 2000. This motion is ripe for adjudication.

I. BACKGROUND

On October 12, 1998, plaintiff Herbert Crowell (“Crowell”) filed a complaint in the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County on behalf of himself and a proposed class of Florida Dean Witter clients who purchased shares of the TCW/Dean Witter…