In Re Real Estate Associates Ltd. Partnership Lit.
In Re Real Estate Associates Ltd. Partnership Litigation
Opinion
Opinion
Pregerson, J.
ORDER DENYING DEPENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS
This matter comes before the Court on the defendants’ motion for judgment on the pleadings dismissing the Corrected Second Restated, Amended and Supplemental Complaint (the “CSRASC”) pursuant to Federal Rules of Civil Procedure 12(c) and 9(b), and the Private Securities Litigation Reform Act of 1995 (the “Reform Act” or the “PSLRA”). After reviewing and considering the materials submitted by the parties, and hearing oral argument, the Court adopts the following order.
I. Background
Please see the Court’s Order Denying the Defendants’ Motion for Summary Judgment for a detailed background of this action.
II. Discussion
A. Legal Standard
Judgment on the pleadings is properly granted when, taking all the allegations as true, the moving party is entitled to judgment as a matter of law. Heliotrope Gen., Inc. v. Ford Motor Co., 189 F.3d 971 , 979 (9th Cir.1999).
B. Analysis
1. Compliance with Court’s July 20, 2001 Order
The defendants assert that the plaintiffs have failed to comply with the Court’s prior Order by failing to reduce the length . of their complaint. The CSRASC contains 138 pages, plus a 19-page…