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Re: None

Thursday, 07/19/2012 4:29:32 PM

Thursday, July 19, 2012 4:29:32 PM

Post# of 92948
Aronson update


Aronson/gorton:
ARONSON/Gorrton CASE: MOTION TO DISMISS REPORT

Recommendations from Magistrate Judge, I will separate this all out with future posts. This is a 30 page document.
Fraud dismissed, breach of contract on Woodward warrant moves forward, other plaintiff items barred because
of length of time Statutes.

07/16/2012 Magistrate Judge Judith G. Dein: ORDER entered. REPORT AND RECOMMENDATIONS re 19 MOTION to Dismiss First Amended Complaint filed by Advanced Cell Technology, Inc., 38 MOTION to Dismiss filed by Advanced Cell Technology, Inc., 13 MOTION to Dismiss the First Amended Complaint filed by Wilmington Trust, N.A., 37 MOTION to Dismiss filed by Wilmington Trust, N.A. Recommendation: Motions to dismiss(Docket Nos.13, 37) be Allowed and that ACT's motions #19 and #38 be allowed in part and denied in part Objections to R&R due by 7/30/2012(Quinn, Thomas) (Entered: 07/17/2012)

REPORT AND RECOMMENDATION ON DEFENDANTS’ MOTIONS TO DISMISS

As detailed herein, this court finds that Aronson and Gorton have failed to state a claim for violations of the
federal securities laws, and recommends that Counts I and II of the plaintiffs’ First
Amended Complaints be dismissed with prejudice.

This court also concludes that the plaintiffs’ allegations are sufficient at this stage in the litigation to state a claim against
ACT for breach of contract relating to ACT’s issuance of a warrant to William Woodward.

Therefore, and for all the reasons described below, this court recommends to
the District Judge to whom this case is assigned that Wilmington Trust’s motions to
dismiss (Docket Nos. 13, 37) be ALLOWED

and that ACT’s motions to dismiss be ALLOWED IN PART and DENIED IN PART, in accordance with this decision.

For all of the reasons described above, this court finds that the plaintiffs have failed
to state a claim against the defendants for violations of the federal securities laws, and
recommends that Counts I and II of the plaintiffs’ First Amended Complaints be
dismissed with prejudice. This court also concludes that the plaintiffs’ allegations are
sufficient at this stage in the litigation to state a claim against ACT for breach of contract
relating to the Woodward Warrant. Therefore, this court recommends to the District
Judge to whom this case is assigned that Wilmington Trust’s motions to dismiss (Docket
Nos. 13, 37) be ALLOWED and that ACT’s motions to dismiss be ALLOWED IN PART
and DENIED IN PART, in accordance with this decision. Aronson/gorton:
ARONSON/Gorrton CASE: MOTION TO DISMISS REPORT

Recommendations from Magistrate Judge, I will separate this all out with future posts. This is a 30 page document.
Fraud dismissed, breach of contract on Woodward warrant moves forward, other plaintiff items barred because
of length of time Statutes.

07/16/2012 Magistrate Judge Judith G. Dein: ORDER entered. REPORT AND RECOMMENDATIONS re 19 MOTION to Dismiss First Amended Complaint filed by Advanced Cell Technology, Inc., 38 MOTION to Dismiss filed by Advanced Cell Technology, Inc., 13 MOTION to Dismiss the First Amended Complaint filed by Wilmington Trust, N.A., 37 MOTION to Dismiss filed by Wilmington Trust, N.A. Recommendation: Motions to dismiss(Docket Nos.13, 37) be Allowed and that ACT's motions #19 and #38 be allowed in part and denied in part Objections to R&R due by 7/30/2012(Quinn, Thomas) (Entered: 07/17/2012)

REPORT AND RECOMMENDATION ON DEFENDANTS’ MOTIONS TO DISMISS

As detailed herein, this court finds that Aronson and Gorton have failed to state a claim for violations of the
federal securities laws, and recommends that Counts I and II of the plaintiffs’ First
Amended Complaints be dismissed with prejudice.

This court also concludes that the plaintiffs’ allegations are sufficient at this stage in the litigation to state a claim against
ACT for breach of contract relating to ACT’s issuance of a warrant to William Woodward.

Therefore, and for all the reasons described below, this court recommends to
the District Judge to whom this case is assigned that Wilmington Trust’s motions to
dismiss (Docket Nos. 13, 37) be ALLOWED

and that ACT’s motions to dismiss be ALLOWED IN PART and DENIED IN PART, in accordance with this decision.

For all of the reasons described above, this court finds that the plaintiffs have failed
to state a claim against the defendants for violations of the federal securities laws, and
recommends that Counts I and II of the plaintiffs’ First Amended Complaints be
dismissed with prejudice. This court also concludes that the plaintiffs’ allegations are
sufficient at this stage in the litigation to state a claim against ACT for breach of contract
relating to the Woodward Warrant. Therefore, this court recommends to the District
Judge to whom this case is assigned that Wilmington Trust’s motions to dismiss (Docket
Nos. 13, 37) be ALLOWED and that ACT’s motions to dismiss be ALLOWED IN PART
and DENIED IN PART, in accordance with this decision.

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