LAUTENBERG FOUNDATION, THE et al v. MADOFF

Filing 21

ORDER granting in part and denying in part 13 Motion to Dismiss; that the claim for violation of Section 10(b) of the Securities Act, pled in Count One of the Cmp. is dismissed, w/out prejudice; that the claim for negligent misrepresentation, pled in Count Five of the Cmp., is dismissed, w/out prejudice; that Deft's motion to dismiss is denied as to all other claims. Signed by Judge Stanley R. Chesler on 9/9/09. (DD, )

LAUTENBERG FOUNDATION, THE et al v. MADOFF

Doc. 21

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

THE LAUTENBERG FOUNDATION, JOSHUA S. LAUTENBERG and ELLEN LAUTENBERG,

v. PETER MADOFF,

: : : : Plaintiffs, : : : : : : Defendant. :

Civil Action No. 09-816 (SRC) ORDER

CHESLER, District Judge This matter having come before the Court on the motion by Defendant Peter Madoff ("Defendant") to dismiss the Complaint [docket entry 13]; and Plaintiffs The Lautenberg Foundation, Joshua S. Lautenberg and Ellen Lautenberg having opposed the motion; and the Court having heard oral argument on the motion on August 11, 2009; and the Court having considered the parties' briefing and arguments; and for the reasons expressed in the Opinion filed herewith, IT IS on this 9th day of September, 2009, ORDERED that Defendant's motion to dismiss [docket entry 13] be and hereby is GRANTED IN PART and DENIED IN PART; and it is further ORDERED that the claim for violation of Section 10(b) of the Securities Act, pled in

Dockets.Justia.com

Count One of the Complaint, be and hereby is DISMISSED WITHOUT PREJUDICE insofar as it is predicated upon affirmative misrepresentations in violation of Rule 10b-5(b) and insofar as it is predicated upon violations of Rule 10b-5(a) and/or (c); and it is further ORDERED that the claim for negligent misrepresentation, pled in Count Five of the Complaint, be and hereby is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that Defendant's motion to dismiss be and hereby is DENIED as to all other claims asserted in the Complaint.

s/Stanley R. Chesler STANLEY R. CHESLER United States District Judge

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