EQ - Maciora specifically claimed real estate purchases were omitted material information for shareholders in his Response/Answer to PMB's GRANTED Motion to Dismiss. Reference Docket #24 RESPONSE/ANSWER by plaintiff to defendants'12 MOTION to Dismiss.
See also PMB's Reply in Support of their Motion to Dismiss - Docket #25, Page 2 of 14, Line 20. That's a good read. It reveals that Maciora thought it was proof enough for him to believe it's ludicrous that MEC didn't report the properties (that they did not own). He acknowledged they were purchased prior to the MEC acquisition of GreenPay.
The Judge GRANTED PMB's Motion to Dismiss. He didn't exclude A.1. where Maciora couldn't prove material omissions involving real estate and therefore meet pleading requirements. He had the right to do so as an individual under the PSLRA.
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