Lakeview Investments, LP v. Schulman et al
| Lakeview Investments, LP |
| Robert Schulman, James V. Mitchell, Harry Hodges, Darren Johnston, Stuart Pologe, Patrick Kelly, Tremont Partners, Inc., Tremont Group Holdings Inc., Rye Select Broad Market XL Fund, L.P., Rye Select Broad Market Fund, L.P., Massachusetts Mutual Life Insurance Co., Oppenheimer Acquisition Corp. and MassMutual Life Insurance Co. |
| 1:2011cv01851 |
| March 17, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
84
OPINION: re 68 MOTION to Dismiss The Complaint filed by Oppenheimer Acquistion Corporation, Oppenheimer Acquisition Corp., 62 MOTION for Judgment on the Pleadings filed by Massachusetts Mutual Life Insurance Co., 65 MOTION for Judgment o n the Pleadings filed by James V. Mitchell, Tremont Partners, Inc., Harry Hodges, Darren Johnston, Stuart Pologe, Patrick Kelly, Tremont Group Holdings Inc., Robert Schulman. Plaintiff Lakeview Investment, L.P. filed this class action in California state court alleging that defendants violated California state securities laws by making untrue statements in connection with the sale of limited partnership interests in two hedge funds, the Rye Select Broad Market XL Fund, L.P. and the Rye Select Market Fund, L.P. Defendants removed the case on the grounds that the Securities Litigation Uniform Standards Act ("SLUSA"), 15 U.S.C. §§ 78bb(f), 77p(b), precluded plaintiff from maintaining this action in state court. There are now two motions for judgment on the pleadings, and one motion to dismiss for failure to state a claim and lack of personal jurisdiction. For the foregoing reasons, the motions for judgment on the pleadings and for failure to state a claim are granted and the action is dismissed. This opinion resolves the documents listed as numbers 62, 65, and 68 on the docket of case 11 Civ. 1851. (Signed by Judge Thomas P. Griesa on 9/27/2012) (ja)
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Filing
20
CONDITIONAL TRANSFER ORDER (CTO-6) TRANSFERRING CASE to the Southern District of New York. (rcs, COURT STAFF) (Filed on 4/4/2011) [Transferred from California Northern on 4/5/2011.]
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