Louisiana Stadium and Exposition District et al v. Financial Guaranty Ins. Co.
| Louisiana Stadium and Exposition District |
| Financial Guaranty Ins. Co. |
| 1:2009cv05404 |
| June 12, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Loretta A. Preska |
| None |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| None |
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Filing
69
AMENDED MEMORANDUM & OPINION: For the reasons elucidated above, Defendants motion for judgment on the pleadings [dkt. no. 35 in No. 09 Civ. 5404; dkt.no. 28 in No. 09 Civ. 6770] as to Counts Four through Ten is GRANTED; those counts are dismissed wit h prejudice as the pleadings are closed. The motion is DENIED as to Counts One through Three, although those claims may not be predicated on post-August Disclosure alleged misstatement or omissions for thereasons stated in Part IV.C., supra. In keepi ng with the Court's state-law statute of limitations analysis, see supra note 6, any state-law claims predicated on the nondisclosure of the SEC investigation or the alleged conflicts of interest that caused pre-August Disclosure damages are time barred. (Signed by Judge Loretta A. Preska on 12/7/10) Filed In Associated Cases: 1:09-md-02030-LAP, 1:09-cv-05404-LAP, 1:09-cv-06770-LAP(db)
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Filing
68
OPINION & ORDER: For the reasons elucidated above, Defendants' motion for judgment on the pleadings [dkt. no. 35 in No. 09 Civ. 5404; dkt. no. 28 in No. 09 Civ. 6770] as to Counts Four through Ten is GRANTED; those counts are dismissed with pre judice as the pleadings are closed. The motion is DENIED as to Counts One through Three, although those may not be predicated on post-August Disclosure alleged misstatement or omissions for the reasons stated in Part IV.C., supra. In keeping with t he Court's state-law statute of limitations analysis, see supra note 6, any state-law claims predicated on the nondisclosure of the SEC investigation or the alleged conflicts of interest that caused pre-August Disclosure damages are time barred. (Signed by Judge Loretta A. Preska on 11/30/2010) Filed In Associated Cases: 1:09-md-02030-LAP, 1:09-cv-05404-LAP, 1:09-cv-06770-LAP (lnl)
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Filing
60
OPINION AND ORDER. For the reasons stated in this opinion and Order, FGIC's motion to dismiss the eleventh, twelfth, thirteenth, and fourteenth causes of action in the Complaint [dkt. no. 74] is GRANTED. Prior to the filing of the motion to dism iss, Plaintiff was given the opportunity to correct deficiencies pointed out by Defendants. Plaintiff availed itself of this opportunity prior to serving the Third Amended and Supplemental Complaint with the understanding that no further amendments w ould be permitted. In addition, the grounds for dismissal set forth above demonstrate that further amendment would be futile. Accordingly, the dismissal is with prejudice. (Signed by Judge Loretta A. Preska on 5/11/10) Filed In Associated Cases: 1:09-md-02030-LAP, 1:09-cv-05404-LAP, 1:09-cv-06770-LAP(rjm)
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| Plaintiff: Louisiana Stadium and Exposition District | |
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