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Re: None

Saturday, 08/26/2023 10:23:55 PM

Saturday, August 26, 2023 10:23:55 PM

Post# of 700352
Amazing how sloppy the defendants were! See note 4 below!:

In response to Plaintiff’s detailed allegations of Defendants’ manipulative conduct,
Defendants resort to unsubstantiated scare tactics of an impending “flood” of “frivolous lawsuits”
that would upend “the entire U.S. equity market system” if Plaintiff’s claims are sustained, rely on an outdated opinion that was subsequently reversed, 4 and ignore directly on point recent case law to embark on a legally inappropriate strategy of challenging some of Plaintiff’s allegations in a vacuum and ignoring others entirely. These flaws are fatal to Defendants’ motion even if its piecemeal attacks on (some of) Plaintiffs’ allegations were independently valid (which they are not)....

4 Defendants rely heavily on Kessev Tov, LLC v. Doe(s), No. 20-cv-4947, 2022 WL 2356626 (N.D. Ill. June 30, 2022), but after Defendants filed their motion to dismiss, that court issued a revised opinion on an amended complaint which reached opposite conclusions and denied the defendants’ motion to dismiss. No. 20-cv-4947, 2023 WL 4825110 (N.D. Ill. July 27, 2023).

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