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exwannabe

03/15/24 11:37 AM

#678707 RE: attilathehunt #678702

Do the defendants get an opportunity to challenge the loss causations or is this final before ultimate decision to dismiss MTD?


The previous MTD was granted and no longer on the docket.

Once the 2nd amended complaint is filed then the defendants can file a new MTD. That will get some back and forth and then the Judge has to decide on that MTD.

BTW, the issue on what is being asked for is not the actual loss causation formula. It is clarification on how NWBO asserts specific stock sales by them were based on closes from certain dates that were spoofed This under the general category of loss causation, but a very specific component,

CONCLUSION
For the reasons set forth in the R&R, Defendants’ motion to dismiss is GRANTED without prejudice.
The Clerk of Court is directed to terminate the motion pending at Dkt. No. 114.
SO ORDERED.
Dated: February 14, 2024
New York, New York __________________________________