Aljian

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

This matter is before the Court on Defendants’ Motions to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) (docket # 18, 20). This matter was heard on July 12, 2004, at which time the parties were in receipt of the Court’s tentative Order. After oral argument, the Court took the matter under submission. For the reasons set forth below, the Court hereby grants in part and denies in part Defendants’ Motions to Dismiss.

I. Background

A. Nature of the Case

This is an as-yet-uneertified securities fraud class action brought by Plaintiff Donald Johnson on behalf of himself and a Class consisting of all other persons who purchased the common stock of Daimler-Chrysler AG (“DCX”) on nine different dates between March 19, 1999 and June 11, 1999 (the “Purchase Dates”). Plaintiff seeks damages based on Defendants’ alleged violations of the Securities Exchange Act of 1934 (the “1934 Act”). Plaintiff asserts claims against three Defendants: 1) Tracinda Corporation (“Tracinda”) 2) Kirk Kerkorian (“Kerkorian”), and 3) James D. Aljian (“Aljian”). Tracinda Corporation is wholly owned by Kerkorian. Aljian is an officer…