Hanson

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

[Docket No. 15]

This matter is before the Court on Defendant Morgan Stanley Smith Barney LLC’s (“Defendant”) Motion to Dismiss Plaintiffs Holly Hanson and John Rennell’s (collectively, “Plaintiffs”) Complaint (“Motion”). (Docket No. 15.) Plaintiffs filed an Opposition on October 21, 2010 (“Opposition”) and the Defendant proffered a Reply on November 5, 2010 (“Reply”). (Docket Nos. 21, 31.) The Court found this matter suitable for disposition without oral argument and vacated the hearing set for November 22, 2010. See Fed.R.Civ.P. 78(b). For the following reasons, Defendant’s Motion is GRANTED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are employed as financial consultants and portfolio managers by Defendant in the State of California. (Compl. ¶¶ 2, 3.) Defendant is a limited liability company formed under the laws of the State of Delaware with its headquarters in New York, New York. (Id. ¶ 4.) Defendant provides brokerage and financial advisory services to customers; it buys and sells various equity and debt instruments. (Id.) Defendant has an announced and written policy generally requiring that its employees and their…