McKitty

McKitty v. Advanced Tissue Sciences, Inc.

Caution
1998 WL 961283·184 F.R.D. 346·1998 U.S. Dist. LEXIS 16926
United States District Court, Southern District of CaliforniaOctober 20, 1998No. 98-1146-IEG(LAB)California4,289 words

Opinion

lead Opinion

Gonzalez, J.

*347 ORDER DENYING ARYEH GROUP’S (PRINCIPAL) MOTION FOR APPOINTMENT AS LEAD PLAINTIFF; DENYING ARYEH GROUP’S (ALTERNATE) MOTION FOR CREATION OF CO-LEAD PLAINTIFF/CO-LEAD COUNSEL STRUCTURE; DENYING ARYEH GROUP’S MOTION FOR APPROVAL OF LEAD COUNSEL; DENYING MCKITTY GROUP’S (PRINCIPAL) MOTION FOR APPOINTMENT AS LEAD PLAINTIFF; GRANTING MCKITTY GROUP’S (ALTERNATE) MOTION FOR APPOINTMENT OF SIX LEAD PLAINTIFFS; GRANTING MCKITTY GROUP’S MOTION FOR APPROVAL OF LEAD COUNSEL

This is a securities fraud action brought pursuant to the Securities Exchange Act of 1934 and the Private Securities Litigation Reform Act of 1995 (“PSLRA”). Now before the Court are two competing motions for appointment as lead plaintiff and for approval of lead counsel, one from the Aryeh Plaintiffs Group (“Aryeh Group”) and the other from the McKitty Plaintiffs Group (“McKitty Group”).

BACKGROUND

The instant motions arise from a total of seven putative class actions, each of which alleges violations of federal securities laws by Advanced Tissue Sciences, Inc., (“ATS”) and certain of its officers and directors. 1 The complaints are brought pursuant to the Securities and Exchange Act, as well as Rule 10-b5…

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