DeMarco

ORDER DENYING DEFENDANTS’ APPLICATION TO AMEND JUDGMENT

On February 9, 2001 Defendants Depo-tech Corporation, et al. (“Defendants”) moved ex parte to amend this Court’s judgment dated January 26, 2001 (hereinafter “judgment”). (Doc. No. 100.) Specifically, Defendants request that this Court amend its judgment to include findings under Rule 11 of the Federal Rules of Civil Procedure. Plaintiffs timely opposed. For the reasons stated below, the Court finds that all parties have complied with Rule 11 such that amendment of the judgment is not warranted.

I.BACKGROUND

On April 9, 1998 Plaintiffs Vincent M. DeMarco et al. (“Plaintiffs”) initiated this class action alleging securities fraud. Specifically, Plaintiffs alleged that Defendants fraudulently manipulated the market prices of Depotech shares. On January 26, 2001, after extensive litigation which included three rounds of pleading, this Court dismissed this action with prejudice. At no point in the litigation did the Court make any Rule 11 findings. On February 9, 2001 Plaintiffs filed a Notice of Appeal. On the same date, Defendants requested that this Court amend its judgment to make Rule 11 findings and to impose sanctions…