Wietschner

ORDER GRANTING MOTION TO DISMISS

INTRODUCTION

Before the Court is Defendant Monterey Pasta Company (“Monterey Pasta”), R. Lance Hewitt and Stephen Brinkman’s Motion to Dismiss a federal securities fraud action brought against them by a class consisting of all persons who purchased or otherwise acquired Monterey Pasta stock between July 11, 2002 and December 16, 2002. Defendants seek an Order dismissing the Amended Complaint with prejudice under the heightened pleading requirements of the Private Securities Litigation Reform Act of 1995 (“Reform Act” or “PSLRA”) and pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b). For the following reasons, this motion is GRANTED with leave to amend within twenty (20) days of the filing of this Order.

FACTUAL ALLEGATIONS

This motion arises from an Amended Complaint alleging securities fraud in violation of section 10(b) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder against all Defendants, and violation of section 20(a) of the Securities Exchange Act against two individual defendants who are corporate officers. The Complaint is brought on behalf of a class consisting of all persons who purchased or otherwise…