Cha v. Kinross Gold Corporation et al

Filing 58

OPINION & ORDER: For the reasons stated above: 1. Austins motion to strike is granted. Exhibits 13, 1618, 2027, and 2934 to the Giuffra Declaration are stricken from the record. 2. Kinross's motion to dismiss for failure to state a claim is gra nted in part and denied in part. a. Austins allegations of misstatements and omissions relating to Kinross's due diligence, and Austins allegations of misstatements and omissions relating to the schedule for development of the Tasiast mine made before August 10, 2011, are dismissed for failure to state a claim, as against all defendants. b. Austins allegations of misstatements and omissions relating to the publicly announced schedule for development of the Tasiast mine, made between Augus t 10, 2011, and the end of the Class Period, state a claim, and are not dismissed, as against all defendants. c. Austin's allegations of § 20(a) violations between August 10, 2011, and the end of the Class Period, state a claim, and are no t dismissed, as against all four Individual Defendants. The Court will hold a pretrial conference in this case on April 15, 2013, at 2:00 p.m., at which it will set a case management plan. The Court directs counsel promptly to meet and confer as to such a plan, and, by April 5, 2013, to submit a joint letter proposing such a plan, or, to the extent the parties are unable to agree, alternative such plans. (Signed by Judge Paul A. Engelmayer on 3/22/2013)(djc) Modified on 3/22/2013 (djc).