Maritime Asset Management, LLC v. Neurogesx, Inc. et al

Filing 59

ORDER RE: SUPPLEMENTAL BRIEFING. Signed by Judge Yvonne Gonzalez Rogers on 4/25/13. (fs, COURT STAFF) (Filed on 4/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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MARITIME ASSET MANAGEMENT, LLC,
Plaintiff,

Northern District of California

United States District Court

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Case No.: 12-CV-5034 YGR
ORDER RE: SUPPLEMENTAL BRIEFING

vs.
NEUROGESX, INC., ANTHONY A. DITONNO,
STEPHEN F. GHIGLIERI, AND JEFFREY
TOBIAS, M.D.,
Defendants.
The pending motions to dismiss raise the issue of whether the Securities Litigation Uniform

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Standards Act (“SLUSA”) precludes Plaintiff’s class claims under state law. 15 U.S.C. § 78bb(f)(1).

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As discussed at the hearing on these motions, there appears to be an ambiguity in the language of

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Section 78bb(f)(5)(B), the definition of the term “covered class action.”

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The Court seeks further briefing as to the statutory construction of this provision, including

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but not limited to any legislative history, additional case authorities, and secondary sources which

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elucidate the meaning of the term.

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Defendants shall file a joint supplemental brief of no more than five pages by May 9, 2013.
Plaintiff shall file its responsive supplemental brief of no more than five pages by May 23, 2013.
IT IS SO ORDERED.
Date: April 25, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE