Lazar

The Matter of Defendants’ Motions to Dismiss the Second Consolidated Amended Complaint having come on regularly for hearing before this Court, the Court having considered the papers filed in support and in opposition thereto, and the Court having considered the relevant legal authorities,

IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:

DENIED as to Count I against all defendants;

DENIED as to Count II against all defendants;

DENIED as to Count III against all defendants.

Secondary liability allegations as to Count II are ORDERED STRICKEN;

Post-issuance misrepresentations and omissions are ORDERED STRICKEN as to Counts I and II.

The Matters of the parties’ Cross Motions for Sanctions having come on for hearing before this Court,

IT IS HEREBY ORDERED that the Cross Motions are DENIED. While the Court recognizes that one of the former attorneys for defendants was forced to appear to defend against plaintiffs’ Motion for Sanctions for the bringing of the original motion, it cannot be said that the motion for sanctions was brought in bad faith, as required by Federal Rule of Civil Procedure 11 in order to impose sanctions. Similarly,…