In Re Bare Escentuals, Inc. Securities Litigation

Good Law
745 F. Supp. 2d 1052·2010 WL 3893622·2010 U.S. Dist. LEXIS 103612
United States District Court, Northern District of CaliforniaSeptember 30, 2010C 09-3268 PJHCalifornia13,605 words

Opinion

Opinion

Hamilton, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

The individual defendants’ and the underwriter defendants’ motions to dismiss and plaintiffs’ motion to strike came on for hearing before the court on July 21, 2010. Lead plaintiffs Westmoreland County Retirement System and Vincent J. Takas, on behalf of certain purchasers of Bare Escentuals’ common stock (collectively “plaintiffs”), appeared through their counsel, Mary Blasy. Defendant Bare Escentuals, Inc. (“Bare” or “the Company”), along with numerous individual defendants (all collectively “Individual defendants”), appeared through their counsel, Jerome F. Birn, and Kelley M. Kinney. The investment banking defendants, Goldman, Sachs & Co., CIBC World Markets Corp., Banc of America Securities LLC, Piper Jafray Companies, Thomas Weisel Partners LLC, and SunTrust Robinson Humphrey, Inc. (collectively the “Underwriter defendants”), appeared through their counsel, Kris Elder and Robin Wechkin. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court GRANTS in part and DENIES in part the Individual defendants’ motion to dismiss, DENIES…

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