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Securities/Commodities | New York Southern
Order
OPINION AND ORDER re: 82 MOTION to Dismiss Consolidated Class Action Complaint. filed by P.J. Sanford, Jason Murray, Mark Hancock, Evelyn Dilsaver, Michelle Lewis, PACS Group, Inc., Taylor Leavitt, Joshua Jergensen, Derick A pt, Jacqueline Millard, 84 MOTION to Dismiss the Consolidated Class Action Complaint. filed by UBS Securities, LLC, Regions Securities LLC, RBC Capital Markets, LLC, KeyBanc Capital Markets Inc., Citigroup Global Markets Inc., Stephens Inc., J.P. Morgan Securities LLC, Oppenheimer & Co. Inc., Truist Securities, Inc., Goldman Sachs & Co. LLC. Accordingly, Plaintiffs have failed to state a claim under either Section 20(a) or Section 20A. In sum, Plaintiffs have p lausibly stated a claim for violations of the Securities Act under Sections 11 and 12 against the PACS, Individual Defendants, and SPO Underwriter Defendants and under Section 15 as to the SPO Individual Defendants based on PACS' financial rep orting. Plaintiffs have failed to state a claim for relief under the Exchange Act, and such claims are dismissed without prejudice. The motions to dismiss are accordingly GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to close Dkt. Nos. 82, 84. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/4/2026) (jca)
Oral Argument
Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 8/24/2026 re: 82 MOTION to Dismiss Consolidated Class Action Complaint. filed by P.J. Sanford, Jason Murray, Mark Hancock, Evelyn Dilsaver, Michelle Lewis, PACS Group, Inc., Taylor Leavitt, Joshua Jergensen, Derick Apt, Jacqueline Millard, and 84 MOTION to Dismiss the Consolidated Class Action Complaint filed by UBS Securities, LLC, Regions Securities LLC, RBC Capital Markets, LLC, KeyBanc Capital Markets Inc., Citigroup Global Markets Inc., Stephens Inc., J.P. Morgan Securities LLC, Oppenheimer & Co. Inc., Truist Securities, Inc., Goldman Sachs & Co. LLC. Jeffrey Dubbin, Jessica Goudreault, and Alfred Fatale, III present for Plaintiffs. Colleen Smith and Thomas Giblin present for PACS Group Defendants. Susan Saltzstein, William O'Brien, III, and Jeffrey Geier present for Underwriter Defendants. Catherine Kevane and Alex Weiss present for Defendants Jacqueline Millard, Taylor Leavitt, and Evelyn Dilsaver. Court reporter present. The Court heard argument from all parties regarding the pending motions to dismiss. Argument taken under advisement, decision reserved by the Court. Parties directed to order a copy of the transcript of the hearing. (mf)
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