Shurkin

Shurkin v. Golden State Vintners Inc.

Good Law

471 F. Supp. 2d 998·2006 WL 3955925·2006 U.S. Dist. LEXIS 94900

United States District Court, Northern District of CaliforniaDecember 30, 2006C04-03434 MJJCalifornia13,783 words

Opinion

Jenkins, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITHOUT PREJUDICE

Pending before the Court are: (1) Defendants Golden State Vintners, Inc. (“GSV” or “the Company”), Jeffrey J. Brown, Jeffrey B. O’Neill, John G. Kelle-her and O’Neill Acquisition Co., LLC’s (“the O’Neill Group” or “OAC”) Motion to Dismiss (Doc. # 40); and (2) Defendant Frank Uberoi’s Motion to Dismiss (Doc. # 39) Plaintiffs Amended Class Action Complaint for Violation of the Federal Se curities Laws. Plaintiff Israel Shurkin has filed Oppositions to both Motions, to which Defendants filed Replies. For the following reasons, the Court GRANTS Defendants’ Motions and dismisses Plaintiffs Amended Complaint WITHOUT PREJUDICE.

I. BACKGROUND

A. The Parties

Plaintiff brings this lawsuit on behalf of himself and as class representative for a purported class of all purchasers of GSV stock between December 23, 2003 and April 23, 2004, asserting claims against Defendants for violations of sections 10(b), 20A, and 20(a) of the Securities and Exchange Act of 1934 (“the Act”), and Rule 10-5 promulgated thereunder. Simply-stated, Plaintiff alleges that Defendants employed a scheme to take GSV private at an artificially deflated…

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