Spectrum Select, L.P. v. Tremont Group, Holdings, Inc. et al
| Spectrum Select, L.P. |
| Rye Select Broad Market Fund, LP, Rye Select Broad Market Prime Fund, LP, KPMG, LLP, Oppenheimer Acquisition Corp., Tremont Partners, Inc., Rye Select Broad Market XL Fund, LP, MassMutual Holding Company, Tremont Group, Holdings, Inc. and Massachusetts Mutual Life Insurance Company |
| 1:2012cv09057 |
| December 13, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Both |
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Filing
166
OPINION. Plaintiff's motion is granted in part and denied in part. Plaintiffs' state-law claims are not precluded by SLUSA. Plaintiffs will be permitted to amend their complaint, pending the court's decision on whether KPMG can properl y be added as a party. Plaintiffs' motion to remand the action to state court is denied. Defendants' motions to dismiss and motion for judgment on the pleadings are denied. This opinion resolves the motions listed as documents number 904, 9 06, and 909 in case number 08 Civ. 11117; documents number 130, 132, and 133 in 12 Civ. 9057; documents number 123, 125, and 126 in 12 Civ. 9058; documents number 139, 141, and 142 in 12 Civ. 9060; documents number 149, 151, and 152 in 12 Civ. 9061; documents number 144, 146, 147 in 12 Civ. 9062; documents number 138, 140, and 141 in 12 Civ. 9063; and documents number 142, 144, and 145 in 12 Civ. 9064. Re: (147 in 1:12-cv-09062-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolida ted Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company, (142 in 1:12-cv-09060-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holdin g Company, Massachusetts Mutual Life Insurance Company, (125 in 1:12-cv-09058-TPG) MOTION for Judgment on the Pleadings filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (140 in 1:12-cv-09063-TPG) MOTION for Judgment on the Pleadings fil ed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (126 in 1:12-cv-09058-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance C ompany, (141 in 1:12-cv-09063-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company, (138 in 1:12-cv-09063-TPG) MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corp., (146 in 1:12-cv-09062-TPG) MOTION for Judgment on the Pleadings filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (152 in 1:12-cv-09061-TPG) MOTION to Dis miss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company, (151 in 1:12-cv-09061-TPG) MOTION for Judgment on the Pleadings filed by Tremont Partners, I nc., Tremont Group Holdings, Inc., (133 in 1:12-cv-09057-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company, (149 in 1:12-cv-0 9061-TPG) MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corp., (130 in 1:12-cv-09057-TPG) MOTION to Dismiss the Consolidated Amended Complaint. filed by Oppenheimer Acquisition Corp., (142 in 1:12 -cv-09064-TPG) MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corp., (139 in 1:12-cv-09060-TPG) MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corp., (144 in 1:12-cv-09064-TPG) MOTION for Judgment on the Pleadings filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (123 in 1:12-cv-09058-TPG) MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corp., (145 in 1:12-cv-09064-TPG) MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by MassMutual Holding Company, Massachusetts Mutual Life Insurance Company, (144 in 1:12-cv-09062-TPG) MOTION to Dismiss the Cons olidated Amended Complaint filed by Oppenheimer Acquisition Corp., (141 in 1:12-cv-09060-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (132 in 1:12-cv-09057-TPG) MOTION for Judgment on the Pleadings filed by Tremont Group, Holdings, Inc., Tremont Partners, Inc. (Signed by Judge Thomas P. Griesa on 4/14/2014) (rjm)
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