Prochaska & Associates, Inc. v. Merrill Lynch Pierce Fenner & Smith, Inc.

MEMORANDUM' OPINION

CAMBRIDGE, District Judge.

THIS MATTER is before the Court on a motions by Defendant Merrill Lynch Pierce Fenner & Smith to dismiss and/or to make more definite and certain (Filing No. 26). For the reasons set out below, the Court finds that the motion to dismiss should be granted as to the plaintiff’s claims involving state and federal securities laws (the First, Second, Fourth and Fifth Claims) and as to the plaintiff’s claim involving the Racketeer Influenced and Corrupt Organizations Act' (“RICO”) (the Third Claim); the motion will be denied as to the plaintiff’s claim…