Liberty Mutual Insurance Company et al v. Goldman Sachs & Co
| Liberty Mutual Insurance Company, Peerless Insurance Company, Employers Insurance Company of Wausau, Safeco Corporation and Liberty Life Assurance CO of Boston |
| Goldman Sachs & Co |
| 1:2011cv05484 |
| August 8, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Miriam Goldman Cedarbaum |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
31
MEMORANDUM OPINION AND ORDER: Defendants motion to dismiss plaintiffs federal securities fraud claims under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.10b-5, is granted with lea ve to file a Second Amended Complaint by June 5, 2012. A Second Amended Complaint should allege sufficient facts to make it plausible that defendant had ultimate authority over the alleged misrepresentations in the Series Z Offering Circular. In addi tion, a Second Amended Complaint should state with particularity the facts that show that defendant intentionally misrepresented its knowledge of the capitalization of Freddie Mac or the facts that show that defendant recklessly ignored such knowledge. I reserve decision on defendants motion to dismiss plaintiffs state law claims. (Signed by Judge Miriam Goldman Cedarbaum on 5/2/2012) Filed In Associated Cases: 1:09-md-02072-MGC, 1:11-cv-05484-MGC(js)
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