Middlesex Retirement System v. Quest Software Inc.
Opinion
Opinion
Carter, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT.
Before the Court is Defendants Quest Software Inc., Vincent C. Smith, M. Brinkley Morse, Michael J. Lambert, Douglas F. Garn, David M Doyle, Jerry Murdock, Jr., and Kevin Brooks’ Motion to Dismiss First Amended Complaint (“Defendants’ Motion”) Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) and the Private Securities Litigation Reform Act of 1995 (“PSLRA”), 15 U.S.C. § 78u, et seq. The Court finds the matter appropriate for decision without oral argument Fed. R.Civ.P. 78; Local R. 7-15. Accordingly, the hearing set for September 10, 2007 was removed from the Court’s calendar. After considering the moving, opposing, and replying papers, the Court hereby GRANTS IN PART AND DENIES IN PART Defendants’ Motion and DISMISSES the specified portions of Plaintiffs First Amended Complaint (“FAC”) WITHOUT PREJUDICE.
I. BACKGROUND
A. The Parties
Plaintiff Middlesex Retirement System (“Plaintiff’) is a Massachusetts pension fund, established on December 2, 1911. Plaintiff is seeking class certification for all those persons or entities who purchased Quest securities (“the…