See Gearren, 660 F.3d at 610. 2. Alleged Misstatements Plaintiffs allege Morgan Stanley and Jamesley communicated with Plan participants through “SEC filings, annual reports, press releases and Plan documents ..., which included and/or reiterated . these statements.” (Compl. ¶ 243.) The SEC filings were incorporated into the SPDs and Form S-8 registration statements. (Compl. ¶ 243.) These communications, Plaintiffs allege, were actionable misstatements. (Compl. ¶¶ 245-47.) With respect to Morgan Stanley, Plaintiffs’ argument fails becáuse the Company was not “a Plan administrator responsible for communicating with Plan participants, [and] therefore [did not] act[] as a Plan fiduciary when making the statements at issue.” Citigroup, 662 F.3d at 143-44; Gearren, 660 F.3d at 611 (<HOLDING>); Fisher, 469 Fed.Appx. at 60. Accordingly,
holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan holding defendants were not liable under erisa because the alleged misstatements were made while acting in a corporate rather than erisa fiduciary capacity holding that employer was acting as erisa fiduciary when it misled employees regarding security of their benefits holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans