Bernacchi v. Investment Technology Group, Inc. et al
Christine M. Bernacchi |
Investment Technology Group, Inc., Robert C. Gasser, Steven R. Vigliotti and Mats Goebels |
1:2015cv06369 |
August 12, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
John F. Keenan |
Securities/Commodities/Exchanges |
15 U.S.C. ยง 78 |
Plaintiff |
Available Case Documents
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Filing 93 OPINION & ORDER re: 72 MOTION to Amend/Correct 38 Amended Complaint, filed by Metzler Investment GmbH. For the reasons above, the SAC fails to cure the deficiencies identified by the Court in the April 26 Order. A ccordingly, Plaintiff's motion for leave to file the SAC is DENIED. ITG and Gasser are directed to file an answer to Plaintiff's remaining claims by no later than fourteen days from the date of this Opinion. The Clerk of the Court is respectfully directed to close the motion docketed at ECF No. 72. (Signed by Judge John F. Keenan on 3/23/2018) (mro) |
Filing 66 OPINION & ORDER re: 46 MOTION to Dismiss filed by Steven R. Vigliotti, Investment Technology Group, Inc., Robert C. Gasser, 50 MOTION to Dismiss filed by Mats Goebels. For the reasons stated above, Defendants' motions to dismiss the Complaint are GRANTED IN PART and DENIED IN PART. The motion to dismiss Plaintiff's claims under § 10(b) and Rule 10b-5 as to defendants Gasser and ITG is DENIED. The motion to dismiss Plaintiff's claim under § 20(a) against Gasser is also DENIED. The motion to dismiss Plaintiff's § 10(b), Rule 10b-5, and § 20(a) claims are GRANTED as to defendants Goebels and Vigliotti, as well as to the extent the Complaint asserts inactionable sta tements, which the Court has identified above. If Plaintiff wishes to amend the Complaint, it shall move this Court to do so no later than 30 days from the date of this Opinion. Otherwise the Court will enter an order dismissing Plaintiff's c laims against Goebels and Vigliotti with prejudice, and Gasser and ITG shall file their answers to Plaintiff's remaining claims no later than 14 days from the date of that order. If Plaintiff moves to amend the Complaint, Gasser an d ITG's time to answer will be adjourned pending the Court's decision on Plaintiff's motion to amend. The Clerk of the Court is respectfully requested to terminate the motions docketed at ECF Nos. 46 and 50. (As further set forth in this Opinion & Order.) (Signed by Judge John F. Keenan on 4/26/2017) (mro) |
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