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Searching dockets in Wellington Shields Co Llc x
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Securities/Commodities | New York Southern
Internet Citation
INTERNET CITATION NOTE: Material from decision with Internet citation re: 49 Memorandum & Opinion. (sjo)
Order
OPINION AND ORDER re: 36 MOTION to Dismiss First Amended Complaint. filed by Crede CG III, Ltd., Terren Peizer, Michael S Wachs, 33 MOTION to Dismiss . filed by Wellington Shields & Co. LLC. The motions to dismiss of Defendants Wellington, Peizer and Wachs are GRANTED, and they are dismissed from the case. Credes motion to dismiss is GRANTED IN PART -- the claims against Crede are dismissed except the market manipulation claim under §10(b) and Rule 10b-5 i n Count I, and the common law good faith and fair dealing claim in Count V. For clarity, Count I is dismissed to the extent that it is based on a theory of misrepresentation. The Clerk of Court is respectfully directed to close the motions at Docket Number 33 and 36. By April 5, 2019, the parties shall file proposed case management plan in the form that appears at http://nysd.uscourts.gov/judge/Schofield. (Signed by Judge Lorna G. Schofield on 3/26/19) (yv)
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