Dannenberg
Dannenberg v. Software Toolworks Inc.
Opinion
Lead Opinion
Hall, J.
The class-action plaintiffs in the securities litigation involving Software Toolworks, Inc. *1074 appeal the district court’s partial summary judgment in favor of defendant auditors De-loitte & Touche (“Auditors”) and defendant underwriters Montgomery Securities and PaineWebber, Inc. (“Underwriters”). Because the plaintiffs failed to obtain Rule 54(b) certification to appeal the district court’s nonfinal order, we dismiss for lack of jurisdiction.
I.
In October 1990, the plaintiffs filed a class action against the Auditors and Underwriters for alleged violations of federal securities laws. In March 1992, the district court granted summary judgment in favor of the Underwriters on all claims and in favor of the Auditors on every claim other than one cause of action under § 11 of the Securities Act of 1933. See In re Software Toolworks, Inc. Sec. Litigation, 789 F.Supp. 1489 (N.D.Cal.1992). Following this partial summary judgment order, the plaintiffs stipulated with the Auditors to dismiss the remaining § 11 claim on the following terms:
The district court approved the stipulation and the plaintiffs subsequently filed this appeal pursuant to 28 U.S.C. § 1291 , which accords…