In Re: Citigroup Auction Rate Securities Litigation
| LHB Insurance Brokerage Inc. and David Dignam |
| Citigroup Global Markets,Inc. and Citigroup, Inc. |
| Samuel A Stockhamer, Lisa Swanson, Wedgewood Tacoma LLC and Jemstone LLC, Alice L. Stockhamer and Saed Ghalayini |
| David Dignam |
| Citi Smith Barney and Citigroup Global Capital Markets, Inc. |
| 1:2008cv03095 |
| March 26, 2008 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| Ronald L. Ellis |
| Laura Taylor Swain |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
149
MEMORANDUM OPINION AND ORDER, that for the foregoing reasons, Defendants' motion to dismiss the Fourth Amended Complaint is granted. This Opinion and Order resolves docket entries no. 98 and 138. The Clerk of Court is respectfully requested to e nter judgment dismissing the complaint in consolidated cases 08 Civ. 3095, 08 Civ. 3139,08 Civ. 3904, 08 Civ. 4360, and 08 Civ. 5016, and close these cases. In light of the foregoing, the conference currently scheduled for Friday, March 4, 2011, is c ancelled. re: (138 in 1:08-cv-03095-LTS-RLE) MOTION to Dismiss the Fourth Consolidated Amended Complaint. filed by CitiGroup Inc., Citigroup Global Markets Inc., Citigroup Global Markets,Inc., Citigroup, Inc.. (Signed by Judge Laura Taylor Swain on 3/1/11) Filed In Associated Cases: 1:09-md-02043-LTS, 1:08-cv-03095-LTS-RLE(pl)
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Filing
83
OPINION AND ORDER:#98021 For the foregoing reasons, Defendants' motion to dismiss the Complaint is granted, without prejudice to Plaintiffs ability to file an amended complaint. Any amended complaint must be filed and served by October 1, 2009, with a courtesy copy provided for Chambers. Failure to file and serve a timely amended pleading will result in the entry of judgment, without further advance notice to the parties to these consolidated putative class actions, dismissing Counts One an d Two with prejudice, dismissing Counts Four and Five as preempted by SLUSA insofar as they relate to "covered securities" and dismissing Counts Three, Four and Five for lack of subject matter jurisdiction insofar as they assert claims unde r the Investment Advisers Act or state law claims relating to securities that are not "covered" within the meaning of SLUSA. This Opinion resolves docket entry no. 47. (Signed by Judge Laura Taylor Swain on 9/11/2009) (jfe) Modified on 9/14/2009 (eef).
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