Loftus

Loftus v. Primero Mining Corp.

Good Law
230 F. Supp. 3d 1209·2017 WL 416428·2017 U.S. Dist. LEXIS 43758
United States District Court, Central District of CaliforniaJanuary 30, 2017CV 16-01034-BRO (RAOx)California12,663 words

Opinion

Lead Opinion

Reidconnell, J.

ORDER RE DEFENDANTS’ MOTION TO DISMISS [74]

I. INTRODUCTION

Pending before the Court is Defendants Primero Mining Corp. (“Primero”), Joseph Conway, Ernest Mast, David Blaiklock, and Wendy Kaufman 1 (collectively, “Defendants”) Motion to Dismiss. (See Dkt. No. 74 (hereinafter, “Mot.”).) After considering the papers filed in support of and in opposition the instant Motion, the- Court finds this matter appropriate for resolution without oral argument of counsel. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. For the reasons set forth below, Defendants’ Motion is GRANTED.

II. BACKGROUND

A. The Parties

The Lead Plaintiffs in this proposed class action are Royal Wulff Ventures LLC and Robert E. Cook, as trustee of The Robert E. Cook and Paula J. Brooks Living Trust Under An Agreement Dated 12/30/1988. (hereinafter, “Plaintiffs”), who claim they acquired Primero securities at artificially inflated prices during the Class Period. (AC ¶ 21.) Primero is a producer of precious metals who operates mines in Canada and Mexico. (AC ¶ 22.) Defendant Joseph F. Conway was Primero’s Chief Executive Officer (“CEO”) from June 2010 until January 31, 2016. (AC ¶ 23.) Defendant Conway then became…

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