Coates v. Securities and Exchange Commission

4 Citing briefs

  1. Billhofer v. Flamel Technologies, SA et al

    MEMORANDUM OF LAW in Opposition re: 11 MOTION to Dismiss the Amended Complaint.. Document

    Filed July 17, 2008

    Litig., 733 F. Supp. 668, 675 (S.D.N.Y. 1990) (citing SEC v. Tex. Gulf Sulphur Co., 401 F.2d 833, 860-862 (2d Cir. 1968) (en banc), cert. denied, 394 U.S. 976 (1969)); see also In re Time Warner, Inc. Sec.

  2. Securities and Exchange Commission v. 8000, Inc. et al

    MEMORANDUM OF LAW in Support re: 42 MOTION for Default Judgment as to 8000, Inc.. . Document

    Filed November 3, 2014

    SEC v. Texas Gulf Sulphur Co., 401 F.2d 833, 849 (2d Cir. 1968), cert. denied, 394 U.S. 976 (1969); Ganino v. Citizens Utils. Co., 228 F.3d 154, 161- 62 (2d Cir. 2000) (a statement that an investor would have considered significant in making investment decisions).

  3. Steginsky v. Xcelera Inc. et al

    Memorandum in Support re MOTION for Default Judgment as to OFC Ltd.

    Filed June 5, 2012

    1 401 F.2d 833 (2d Cir. 1968), cert. denied, 394 U.S. 976 (1969). Case 3:12-cv-00188-SRU Document 41 Filed 06/05/12 Page 7 of 21 - 3 - FACTUAL BACKGROUND On or about December 17, 2010, OFC commenced the Tender Offer with the stated purpose of acquiring 10 million shares of Xcelera common stock for $0.25 per share.

  4. Lead Plaintiff, KLD Investment Management, Inc. shall no later than 30 days following the execution of this stipulation, file an Amended Consolidated Complaint, which Complaint will supersede all complaints filed in this action, including but not limited to the complaint filed in Bock v. Optionable Inc., et al (07cv5948), which shall be consolidated with this action or dismissed. Defendants Optionable, Inc., Mark Nordicht, Kevin Cassidy, Edward J. O'Connor, Albert Helmig and Marc-Andre Boisseau shall no later than 30 days following service of the Complaint, file any motions to dismiss the Complaint, or otherwise respond to the complaint. Lead Plaintiff shall, no later than 30 days after service of each motion to dismiss, serve and file its opposition. Defendants shall no later than 21 days following service of the opposition to any motions to dismiss, serve and file any reply briefs. (Signed by Judge Lewis A. Kaplan on 12/21/07) (dle) (Entered: 12/21/2007)

    MEMORANDUM OF LAW in Opposition re: 95 MOTION to Dismiss., 98 MOTION to Dismiss The Consolidated Amended Class Action Complaint with prejudice pursuant to Rules 12

    Filed April 4, 2008

    Corp., 648 F.2d 88, 94 (2d Cir. 1981) (citing SEC v. Texas Gulf Sulphur Co., 401 F.2d 833, 848 (2d Cir. 1968) (en banc), cert. denied, 394 U.S. 976 (1969)) (noting that corporate insiders have a duty to disclose material, nonpublic information or abstain from trading in the securities during the time period that the material information remains undisclosed, i.e., the “disclose or abstain” rule). A plain reading of the statute and the Complaint reveals that Plaintiff Boyers’ Section 20A claims against Defendants Cassidy, Nordlicht, and O’Connor are adequately pleaded.