In Re Century Aluminum Co. Securities Litigation

ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS AND GRANTING PLAINTIFFS LEAVE TO AMEND

On April 23, 2010, the Court held a hearing on defendants’ motions to dismiss the first amended consolidated class action complaint, and on the underwriter defendants’ motion to strike. For the reasons set forth below, the Court GRANTS defendants’ motions to dismiss and GRANTS plaintiffs leave to amend the complaint. The Court DENIES as moot the underwriter defendants’ motion to strike. The Court GRANTS defendants’ requests for judicial notice.

BACKGROUND

On January 29, 2010, plaintiffs filed a first amended consolidated class action complaint against Century Aluminum Company (“Century”), a number of Century officers and members of the Century Board of Directors, and two underwriters, Credit Suisse Securities (USA) LLC and Morgan Stanley & Co. Plaintiffs allege claims under the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78 et seq., and under the Securities Act of 1933 (the “Securities Act”), 15 U.S.C. § 77 et seq.

Plaintiffs’ Securities and Exchange Act claims are plead separately and indepen dently, and the complaint alleges different classes for the Exchange Act and…