Chechele v. Vicis Capital, LLC et al
Gabriele Donna Ann Chechele |
Vicis Capital, LLC, Vicis Capital Master Fund and Elorian Connard Landers |
1:2011cv02191 |
March 30, 2011 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Victor Marrero |
Securities/Commodities/Exchanges |
15 U.S.C. ยง 78 |
Plaintiff |
Available Case Documents
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Document Text |
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Filing 30 MEMORANDUM OPINION & ORDER re: 13 MOTION to Dismiss the Claims Against the VICIS Defendants filed by Vicis Capital, LLC, Vicis Capital Master Fund. For the aforementioned reasons, the Court finds that plaintiff has failed to allege adequatel y a plausible Section 16(b) claim in Counts I and III of the complaint against Vicis. Accordingly, Counts I and III of the complaint are dismissed without prejudice. Plaintiff may amend its complaint as to the Vicis defendants by March 1, 2012. If pl aintiff chooses to file an amended complaint, the Vicis defendants may move to dismiss that complaint by March 21, 2012, with plaintiff's opposition thereto due by April 5, 2012, and Vicis' reply by April 12, 2012. The Clerk of Court is di rected to terminate the Vicis defendants' motion to dismiss (Dkt. No. 13). ( Amended Pleadings due by 3/1/2012., Motions due by 3/21/2012., Responses due by 4/5/2012, Replies due by 4/12/2012.) (Signed by Judge Katherine B. Forrest on 1/31/2012) (mro) |
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