Absolute Activist Value Master Fund Limited et al v. Ficeto et al
| Absolute Activist Value Master Fund Limited, Absolute East West Fund Limited, Absolute East West Master Fund Limited, Absolute European Catalyst Fund Limited, Absolute Germany Fund Limited, Absolute India Fund Limited, Absolute Octane Fund Limited, Absolute Octane Master Fund Limited and Absolute Return Europe Fund Limited |
| Todd M. Ficeto, Hunter World Markets, Inc., Florian Homm, Colin Heatherington, Craig Heatherington, CIC Global Capital Ltd., Sean Ewing, Ullrich Angersbach, John Does 1 to 3, Jane Does 1 to 3 and Doe Entities 1 to 3 |
| 1:2009cv08862 |
| October 19, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| George B. Daniels |
| Plaintiff |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
154
MEMORANDUM DECISION AND ORDER: Plaintiff Funds bring this action against principals and employees of the company they engaged to manage their assets, Absolute Capital Management ("ACM") and an American broker with whom the ACM defendants al legedly conspired to defraud the Funds. Second Amended Complaint ("SAC"), ECF No. 107, 4. Plaintiffs allege that the Defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder (through the ories of material misrepresentations and omissions, a scheme to defraud, market manipulation, and churning), committed common law fraud and conspiracy to commit fraud, and breached their fiduciary duties. Before the Court are Defendants' Motions to Dismiss (and Florian Homm's Motion to Quash Service). Defendants Ullrich Angersbach's motion to dismiss for lack of personal jurisdiction is GRANTED. All other Defendants' motions are DENIED. re: The Motions of defendants Ficeto, H WM, Colin Heatherington (together at ECF No. 119 ), Craig Heatehrington (ECF No. 125 ), Homm (ECF No. 135 ), and Ewing (ECF No. 110 ) are DENIED in their entirety. Defendant Angersbach's Motion to Dismiss for lack of personal jurisdiction (E CF No. 114 ) is GRANTED. (Motions terminated: 119 MOTION to Dismiss Second Amended Complaint filed by Colin Heatherington, Hunter World Markets, Inc., Todd M. Ficeto; 114 MOTION to Dismiss Second Amended Complaint filed by Ullrich Angersbach; 135 MOTION to Quash Service of Defendant Florian Homm. MOTION to Dismiss for Lack of Jurisdiction filed by Florian Homm; 125 MOTION to Dismiss filed by Craig Heatherington; 110 MOTION to Dismiss Second Amended Complaint filed by Sean Ewing.) (Signed by Judge George B. Daniels on 3/28/2013) (sac)
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