Gwynne v. Credit Suisse First Boston (USA), Inc. (In Re Quintus Corp.)

OPINION 1

MARY F. WALRATH, United States Bankruptcy Judge.

Before the Court are the parties’ cross motions for summary judgment. Plaintiff, Kurt F. Gwynne, chapter 11 trustee for the estate of Quintus Corporation (the “Trustee”), moves for summary judgment on Count I of his Complaint for breach of fiduciary duty against Defendant, Credit Suisse First Boston (USA), Inc., f/k/a Donaldson, Lufkin & Jenrette Securities Corporation (“DLJ”). DLJ moves for summary judgment in its favor on all counts of the Trustee’s Complaint. For the reasons set forth below, the Court will deny the Trustee’s Motion…