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Three former Guy Carpenter & Co. LLC executives who left the firm in March to join Lockton Cos. LLC on Wednesday filed a second partial motion to dismiss the litigation against them by the reinsurance intermediary in the latest round of court filings in the case.
Guy Carpenter had originally filed a complaint May 30 against the three defendants in Guy Carpenter & Co. LLC et al. v. Timothy Gardner, Nicholas Durant and Claude Yoder.
It also obtained a temporary restraining order forbidding the executives from soliciting any of its employees or clients from the previous two years, as well as for performing services or providing products that the intermediary sells.
The three defendants filed a partial motion to dismiss on June 4. The judge in the case then issued an order stating Guy Carpenter should either file an amended complaint or an opposition to the partial motion to dismiss. Guy Carpenter filed its amended complaint June 26.
In Wednesday’s memorandum supporting their latest partial motion to dismiss, the defendants state the amended complaint “fails to adequately allege … that Defendants breached any fiduciary duties to Guy Carpenter.
“The amended complaint alleges that, while they were employed with Guy Carpenter, defendants did their jobs for Guy Carpenter, and it merely speculates that Defendants planned to join Lockton while discharging their duties as Guy Carpenter employees. These allegations cannot sustain a breach of any fiduciary duties,” says the memorandum.
Spokespeople for Lockton and Guy Carpenter had no comment.
Guy Carpenter & Co. LLC has obtained a temporary restraining order forbidding three executives who left the firm in March to join Lockton Cos. LLC from soliciting any of its employees or clients from the previous two years, as well as from performing services or providing products that the reinsurance intermediary sells.