Espinoza v. Whiting et al
| Ernesto Espinoza |
| Richard M. Whiting and Mark N. Schroeder |
| 4:2012cv01711 |
| September 21, 2012 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Stephen N. Limbaugh |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
61
MEMORANDUM OPINION re:(54 in 4:12-cv-01711-SNLJ) MOTION to Dismiss Case Defendants' Motion To Dismiss The Consolidated Class Action Complaint filed by Defendant Richard M. Whiting, Defendant Mark N. Schroeder motion is GRANTED. Havin g determined that the plaintiffs have not pleaded scienter sufficiently to maintain their primary claim, the Court must also dismiss their Section 20(a) and Section 20(b) claims in Counts II and III, which are predicated in part on a Section 10(b) cl aim. Navarre, 299 F.3d at 748; Union Cent. Life Ins. Co. v. Credit Suisse Sec. (USA), LLC, 11 CIV. 2327 GBD, 2013 WL 1342529, *9 (S.D.N.Y. Mar. 29, 2013). The defendants' motion to dismiss will be granted. Signed by District Judge Stephen N. Limbaugh, Jr on 3/18/14. Associated Cases: 4:12-cv-01711-SNLJ, 4:12-cv-01815-SNLJ, 4:12-cv-02167-SNLJ(MRS)
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Filing
46
MEMORANDUM AND ORDER re:(6 in 4:12-cv-01815-SNLJ, 7 in 4:12-cv-01711-SNLJ, 4 in 4:12-cv-02167-SNLJ) MOTION to Appoint Lead Counsel names:Julia M. Lutovich filed by Movant James Karas, Movant Denis Dehne, (14 in 4:12-cv-01711-SNLJ, 14 in 4:12-cv-01711-SNLJ) MOTION to Appoint Lead Counsel names:Eric D. Holland, R. Seth Crompton, David A. P. Brower, Charles J. Piven MOTION to Consolidate Cases Consolidate with higher case number 4:12-cv-01815; 4:12-cv-02167 fil ed by Movant Patriot Coal Investor Group, (8 in 4:12-cv-01711-SNLJ, 7 in 4:12-cv-01815-SNLJ) MOTION to Appoint Lead Counsel filed by Plaintiff Karel Rybacek, Plaintiff Douglas Combs, Plaintiff James Schmitt. IT IS HEREBY ORDERED that the Patriot Coal Investor Groups motion (#14) is GRANTED, and the other movants' motions to be appointed lead plaintiff (#7, #8) are DENIED. IT IS FURTHER ORDERED that the Patriot Coal Investor Group (consisting of Dr. Jan Arnett, Douglas Keehn , Dennis Doucet, Kevin Lowery, and Thomas J. Podraza) is hereby appointed Lead Plaintiff for the Class pursuant to Section 21D(a)(3)(B) of the SecuritiesExchange Act of 1934, 15 U.S.C. §78u-4(a)(3)(B), as amended by Section 101(b) of the Private Securities Litigation Reform Act of 1995; and IT IS FINALLY ORDERED that the Patriot Coal Investor Group's selection of Brower Piven, A Professional Corporation, to serve as Lead Counsel and Holland, Groves,Schneller & Stolze, LLC to serve as Liaison Counsel is hereby approved. Signed by District Judge Stephen N. Limbaugh, Jr on 1/16/13. Associated Cases: 4:12-cv-01711-SNLJ, 4:12-cv-01815-SNLJ, 4:12-cv-02167-SNLJ(CSG)
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