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MinnieM

02/10/16 3:39 PM

#139598 RE: frrol #139593

Sullivan mentioned it on page 8:

DEFENDANTS’ MEMORANDUM OF LAW IN SUPPORT OF
THEIR MOTION TO DISMISS SECOND AMENDED COMPLAINT
https://ecf.nysd.uscourts.gov/doc1/127117615428

Substantively, both complaints did nothing more than to repeat many of the assertions in the anonymous article. Accord Ex. 18 (Early Notice).7


7 The complaints did not make a claim based on the article’s assertion the Cellceutix is run out of an “empty office.” This representation might have been difficult upon which to base a securities claim, but, in any event, was immediately debunked as demonstrably false, even defamatory, in the media. See “My visit to Cellceutix, the biotech that a short seller recently called a sham,” D. Seibert, Boston Business Journal, Aug. 14, 2015 <http://www.bizjournals.com/boston/blog/bioflash/2015/08/my-visit-to-cellceutix-the-biotech-that-a-short.html>;.







In Reply to 'frrol'
Looks like the motion to dismiss request doesn't even touch on the buffoonish claims of empty offices and stock promotions, etc.