Genna

Genna v. Digital Link Corp.

Good Law

25 F. Supp. 2d 1032·1997 WL 1051542·1997 U.S. Dist. LEXIS 23204

United States District Court, Northern District of CaliforniaSeptember 11, 1997C-96-20867 RMWCalifornia5,476 words

Opinion

Whyte, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITH LEAVE TO AMEND AND GRANTING DEFENDANTS’ MOTION TO STRIKE

The motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) of defendants Digital Link Corporation (“Digital Link” or “Company”), Vinita Gupta, Daniel L. Palmer, Timothy K. Montgomery, Stanley E. Kazmierczak, Toni Beilin, Benjamin W. Berry, Morey R. Schapira, Gregory M. Avis and Charles R. Moore was heard on April 18, 1997. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court grants defendants’ motion to dismiss with thirty (30) days leave to amend.

I. BACKGROUND

Plaintiff brings this securities class action lawsuit against Digital Link and certain of its officers and directors on behalf of himself and all persons who purchased Digital Link common stock between September 12, 1994 and December 29, 1995, excluding defendants, members of their immediate families, and any entity in which a defendant has a controlling interest.

Digital Link designs, develops, manufactures, markets and sells high speed data communications equipment for wide area networks. This action focuses on…

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