Teamsters Local 445 Freight Division Pension Fund et al v. Dynex Capital, Inc. et al
| 1:2005cv01897 |
| February 7, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Harold Baer |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
115
OPINION AND ORDER #100439 adopting 107 REPORT AND RECOMMENDATION: Having considered the arguments of the parties, the Court approves, adopts, and ratifies the R&R. The Clerk of the Court is instructed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 6/20/2011) (ab) Modified on 6/21/2011 (ajc).
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Filing
105
OPINION AND ORDER: For the foregoing reasons, the motion for class certification is GRANTED. Cohen, Milstein, Sellers & Toll, PLLC is appointed Class Counsel and Lead Plaintiff Teamsters is appointed Class Representative. The Clerk of the Court is instructed to close this motion. (Signed by Judge Harold Baer on 3/7/2011) (jpo)
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Filing
64
OPINION & ORDER re: #98159 46 MOTION to Dismiss. For the foregoing reasons, Defendants' motion is GRANTED in part and DENIED in part. The SAC adequately alleges violations of Section 1O(b) with respect to (i) the Defendants' statements i n the Offering Documents that some standards pertaining to borrower documentation or creditworthiness were followed; (ii) that market conditions were to blame for losses in the BondCollateral and, (iii) that during the Class Period and prior to the r estatements Merit had adequateloss reserves and internal controls; and (iv) that during the Class Period and prior to October 2003cumulative repossession and delinquency figures for the Bond Collateral were accurately reported.With respect to such cl aims and the corresponding Section 20(a) claims, Defendants' motion todismiss is DENIED. With respect to claims of securities fraud based upon other allegedly false andmisleading statements, Defendants' motion to dismiss is GRANTED. The par ties are directed tomeet and confer with respect to the timeline for the balance of this litigation and to jointly submit a proposed pretrial scheduling order within twenty (20) days ofthe date hereof. The Clerk of the Court is instructed to close this motion. (Signed by Judge Harold Baer on 10/19/2009) (tve) Modified on 10/20/2009 (eef).
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