Heath v. Root9B et al
| Mary Heath |
| Root9B and Eric Hipkins |
| 1:2018cv01516 |
| June 18, 2018 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| R. Brooke Jackson |
| Kathleen M. Tafoya |
| Stockholders Suits |
| 28 U.S.C. ยง 1332 |
| None |
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| Document Text |
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Filing
62
ORDER adopting 50 Report and Recommendations; granting 57 Motion to Strike ; finding as moot 60 Motion for Extension of Time to Answer or Otherwise Respond ; granting 29 Motion to Dismiss; granting in part and denying in part 30 Motion to Dismiss by Judge R. Brooke Jackson on 3/29/19. (jdyne, )
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Filing
50
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Kathleen M. Tafoya on 3/4/19 re 29 MOTION to Dismiss Third Amended Complaint filed by Eric Hipkins, 30 MOTION to Dismiss Amended Complaint or in the Alternativ e, for Summary Judgment filed by Root9B. Defendant Eric Hipkins Motion to Dismiss the Third Amended Complaint [Doc. No. 29] be GRANTED and that all claims against Defendant Eric Hipkins be dismissed. Defendant Root9Bs Motion to Dismiss [Doc. N o. 30] be GRANTED in part and DENIED in part. Root9Bs Motion should be DENIED with respect to its arguments pursuant to Fed. R. Civ. P. 12(b)(1), DENIED as unnecessary insofar as the motion requests conversion to summary judgment and GRANTED as to Cl aim One, violations of 18 U.S.C. § 1348. The court further RECOMMENDS that Plaintiff be allowed to file an amended complaint to assert claims under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b5 against both defendants within a specified time period consistent with this Recommendation. (nmarb, )
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