380544 Canada, Inc. et al v. Aspen Technology, Inc. et al
| Salvador Clave, 380544 Canada, Inc. and Wayne Sim |
| Lawrence B. Evans, Aspen Technology, Inc., David L. McQuillin and Lisa Zappala |
| Aspen Technology, Inc. |
| Wayne Sim and Salvador Clave |
| Wayne Sim and Salvador Clave |
| Lawrence B. Evans, David L. McQuillin and Lisa Zappala |
| 1:2007cv01204 |
| February 15, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| John F. Keenan |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Both |
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Filing
136
OPINION AND ORDER re: 123 MOTION to Amend/Correct the Complaint filed by 380544 Canada, Inc., Salvador Clave, Wayne Sim. Plaintiffs' motion to amend the complaint [Docket No. 123] is denied. The parties are directed to appear for a sta tus conference on October 19, 2011 at 10:45 a.m. in Courtroom 20-C. ( Status Conference set for 10/19/2011 at 10:45 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 9/14/2011) (mro)
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Filing
93
OPINION AND ORDER #97479: Evans's motion to dismiss is denied in part and granted in part. The motion is denied with respect to Plaintiffs common law fraud and fraudulent inducement claims, but only insofar as they are predicated on (a) the Fina ncial Data in the January 24, 2001, press release; (b) the Financial Data and Evans's Direct Quote in the August 7, 2001, press release; (c) SEC filings post-dating March 22, 2001, that reflect or incorporate revenue from the Logica transaction; (d) SEC filings that reflect or incorporate revenue from the first IBM transaction; (e) SEC filings that reflect or incorporate revenue from the Yukos transaction; (f) SEC filings post-dating September 16, 2002, that reflect or incorporate revenue f rom the second IBM transaction; and (9) The SPA, to the extent it reflects or incorporates revenue from the Logica, Yukos, and first and second IBM transactions, or provides that Aspen's financial statements and SEC filings were prepared in conformity with GAAP Evans's motion to dismiss is granted with respect to all other claims. Those claims are dismissed with prejudice. (Signed by Judge John F. Keenan on 5/4/2009) (jpo) Modified on 5/6/2009 (mro). Modified on 5/7/2009 (jpo).
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