Burr v. Equity Bancshares, Inc. et al
Filing 37
CLERK'S JUDGMENT re: 36 Memorandum & Opinion in favor of Equity Bancshares, Inc., Brad S. Elliott, Gregory H. Kossover against David Tangeman, Stephen Burr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Cou rt's Opinion and Order dated October 14, 2020, the investors have failed to plead any material misrepresentations or omissions as required to state a claim under § 10(b) and Rule 10b-5 or to establish control person liability under § 20(a). Because Equity Bancshares' statements during the relevant period were statements of opinion consistent with the belief that the value of its credit relationship with Gigi's and Gatti's could be recouped by sale or liquidatio n of those businesses, any further amendment to the complaint would be futile. The motion to dismiss (Dkt. No. 31) is GRANTED and all claims are dismissed with prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 10/14/2020) (Attachments: # 1 Right to Appeal) (km)
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